Defence check - UK Parking Control Ltd

Swedishcabbie

Hi guys, would anyone mind having a quick look over my defence please? I’ve included the relevant case dates as photo as well. The case relates to my London Hackney Carriage taxi being parked in a disabled bay in one of the retail parks in . I was away from the vehicle briefly while assisting a disabled passenger into nearby premises.

I also have a quick question. I’ve unfortunately lost the original paperwork. Is there anywhere on the Money Claim Online website where I can find the original contravention or claim details, I can only see the amount claimed, the claimant’s details and the dates when the relevant documents were submitted.

And just to clarify, are we still submitting the defence through the online system?

Regards

SC

yarpsnehpets

Does the Claimant already know the identity of the driver? Or are they pursuing you as keeper?

Gr1pr

No, you wont find any Exhibits or previous paperwork or photos etc on MCOL, but yes , submit your final defence on MCOL in the defence box

MrJenkinsEsq

Jopson paras 19 to 21 aren't about residential parking. Para 19 introduces the parking point as an alternative way of putting the case, so it stands separately from the easement reasoning in 15 to 18. The last sentence of your para 4 can be removed as it unnecessarily narrows the argument.

I'd also add to para 3:

The Driver was under a statutory duty (Equality Act 2010, s.165, alternatively s.164A) to give the passenger the mobility assistance reasonably required to leave the vehicle.

Which section applies depends on whether the cab is on TfL's s.167 designated list, so plead both. The duty covers getting the passenger out of the vehicle, not escorting them to the premises; that part still rests on Jopson para 21.

Swedishcabbie

https://forums.moneysavingexpert.com/discussion/comment/82141077#Comment_82141077

still pursuing me as a keeper. Shall I remove the para 2 where I confirm that defendant was the driver?

MrJenkinsEsq

https://forums.moneysavingexpert.com/discussion/comment/82141180#Comment_82141180

I tweaked my suggestion to say Driver not Defendant in case you change the other parts to not identify the driver.

SacredStephan

London cabbie handed parking ticket while dropping off disabled passenger

Gary Taylor was fined £60 for briefly stopping to help an elderly woman safely reach her door

https://www.telegraph.co.uk/money/consumer-affairs/london-cabbie-handed-parking-ticket-disabled-passenger/

Gr1pr

That cabbie should now complain about it to the CMA, especially after their recent open letter to all private parking companies

Swedishcabbie

Thanks for all the feedback, guys, much appreciated. Just to confirm, the vehicle is TfL registered. I’ve now removed the last sentence from paragraph 4 and added the additional text to paragraph 3.

Updated defence attached. Anything else you guys think I should change?

yarpsnehpets

Point 2 needs modifying.

Read through it all again carefully just to double check that the driver is not revealed.

Swedishcabbie

Hey everyone,

I’ve just amended point 2 as suggested, does it all look okay now? I’ve checked the entire document, the defendant is no longer identified as the driver anywhere in the defence, hope its all good now 🤞🏼