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5 years and 3 monhts ago PCN claim form

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  • 5 years and 3 monhts ago PCN claim form

    Hi
    Please Help. I received a claim form from UK parking Control ltd (UKPC) for an alleged PCN dating 20/09/2017.
    I have no knoweldge of it. My ex partner was also using my car at the time. The car was sold over 3 years ago and again after. I have also moved twice. All of a sudden I received this claim form to my new residents that I only been at for 3 months???????
    To make a long story short the cliam says that the driver said they would pay within 28 days???????? Also it says the vehicle was parked in breach of terms of UKPC. what terms?
    I have attached copy of claim form
    i have send a request for SUR already and acknowledged the claim.
    I have looked in to send CPR 31.14 to CEL but not sure entirely how to do it.. as I have acknowledged receipt, it says then i have 28days to reply. however if I continue with the rest to send CPR then i am putting a defence?????

    Issue date 11 Jan 2023

    Claimant: UK Parking Control Ltd (KPC)

    Solicitors: DCB legal Ltd

    Defendant Defendant Particulars of Claim
    1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued
    to vehicle at Leyton Mill Retail Park marshall Road,watnam Forrest.e 10 5nh
    2. The PCN details are 20/09/2017,
    3.The PCN(s) was issued on private land owned or managed by C.
    The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incuring the PCN(s).
    4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding.
    The Contract entitles C to damages AND THE CLAIMANT CLAIMS
    1.160 being the total of the PCN(s) and damages.
    2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of 0.02 until judgment or sooner payment.
    Costs and court fees

    sorry its not letting me upload attachements
    Tags: None

  • #2


    Send the CPR31.14 to DCBL. https://legalbeagles.info/library/gu...-of-documents/
    That is not filing a defence but just a request for information

    Comment


    • #3
      Hi I had already asked for subject access request which they provided me with the pcn and photos . i also asked for the contract pertainign to their terms and conditions which was not provided, only a vague phot of thier sign.

      What should i do next please? i dont know what my defence should be. the photos show the car wa parked in a middle of two parking spaces. i do not believe i was the driver as i was at work but my ex was using my car and no way of getting him.

      Comment


      • #4
        Could you please post up a copy of the PCN and the signs

        Any chance of getting ex's address (social media or mutual acquaintances?)

        Altho'ukpc may have given you info, still send the CPR request to DCBL
        Last edited by des8; 28th January 2023, 08:43:AM.

        Comment


        • #5
          HI
          here it is.


          Any emial adresses for DCBL?









          ssue date 11 Jan 2023

          Claimant: UK Parking Control Ltd (KPC)

          Solicitors: DCB legal Ltd

          Defendant Defendant Particulars of Claim
          1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued
          to vehicle at Leyton Mill Retail Park marshall Road,watnam Forrest.e 10 5nh
          2. The PCN details are 20/09/2017,
          3.The PCN(s) was issued on private land owned or managed by C.
          The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incuring the PCN(s).
          4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding.
          The Contract entitles C to damages AND THE CLAIMANT CLAIMS
          1.160 being the total of the PCN(s) and damages.
          2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of 0.02 until judgment or sooner payment.
          Costs and court fees
          Attached Files

          Comment


          • #6
            i have sent the CPR notice via thier defendant form on DCBL.

            Comment


            • #7
              Your best defence is to name the driver

              have you tried Googling his name? that might throw up a location via 192.com or linkedin or similar

              Comment


              • #8
                hi
                i send the SAR, my ex has jsut been in contact telling me he will call them to say it was him.. how do i proceed?
                also the NTK is actually not showing the parking offence.
                Attached Files

                Comment


                • #9
                  Well you do have a defence to that charge in that the NTK does not show a period of parking as required by PoFA 2012 schedule 4 para 9 (2) (a).

                  A single time is not a period.

                  As the requirements of the Act have not been complied with, the parking company cannot transfer liability from the driver to the keeper.

                  Anyway, you should write to UKPC (copy in DCBL) giving the name and address of the driver. Send letters by first class post with free certificate of posting from post office. Obviously keep copies and the certificates safe!
                  They should discontinue the case and issue a new parking charge to your ex, giving him the chance of availing himself of the discount if he doesn't want to dispute it.

                  Comment


                  • #10
                    hi .. i just got a CCJ sent to my address saying judgment for cllaimant in defualt . i acknowledge a the damn thing 2 weeks ago. I had till 13 Feb to answer. I f...ing hate these m.... kers. What do I do ? i didnt put in defence as I working on it. and icould nt stop it as I havd already acknowleged.


                    pain to misery ... funds are so tight. cant pay .. not even mine to pay plus a CCJ against my name.

                    Great fun..

                    Comment


                    • #11
                      Originally posted by Justnone456 View Post
                      hi .. i just got a CCJ sent to my address saying judgment for cllaimant in defualt . i acknowledge a the damn thing 2 weeks ago. I had till 13 Feb to answer. I f...ing hate these m.... kers. What do I do ? i didnt put in defence as I working on it. and icould nt stop it as I havd already acknowleged.


                      pain to misery ... funds are so tight. cant pay .. not even mine to pay plus a CCJ against my name.

                      Great fun..
                      Have you contacted the court (presumably Northampton CCBC) to find out why a default judgment has been given?
                      Btw, as DES8 says, you do know that the postal Notice is defective, don't you?
                      Last edited by JMcG; 7th February 2023, 11:53:AM.
                      ignorantia juris non excusat

                      Comment


                      • #12
                        Originally posted by des8 View Post
                        Well you do have a defence to that charge in that the NTK does not show a period of parking as required by PoFA 2012 schedule 4 para 9 (2) (a).

                        A single time is not a period.

                        As the requirements of the Act have not been complied with, the parking company cannot transfer liability from the driver to the keeper.

                        Anyway, you should write to UKPC (copy in DCBL) giving the name and address of the driver. Send letters by first class post with free certificate of posting from post office. Obviously keep copies and the certificates safe!
                        They should discontinue the case and issue a new parking charge to your ex, giving him the chance of availing himself of the discount if he doesn't want to dispute it.
                        Hi Des,
                        PoFA s8(2)(f) fail as well.
                        ignorantia juris non excusat

                        Comment


                        • #13
                          Agree you should ask the court why a default judgment has been allowed when you had acknowledged the claim and were going to file a defence within time allowed.
                          You do have a record of acknowledging the claim?

                          What are the chances of your ex paying the judgment for you within 30 days so that you avoid a CCJ recorded with credit reference agencies?

                          Comment


                          • #14
                            yes , jiust checked in on money claim and sure and behold the acknowledgment was there and so was the defualt.

                            surely as it has been directed the issue date was 11th jan, it say allow 5 days for delivery so that makes it the 16th Jan ,and once i acknowledged i have further 28 days??? that would be 13th Feb.. the judgement was 3 Feb???
                            so they have made a judgement in 14 days ..instead of time allowed which should have been 28 days. now for me to get the damn thing squased i have to pay 275 to get it set aside.. the courts the solicitors and the parking peopel are all crooked... lovely country we living in.

                            Comment


                            • #15
                              Originally posted by Justnone456 View Post
                              yes , jiust checked in on money claim and sure and behold the acknowledgment was there and so was the defualt.

                              surely as it has been directed the issue date was 11th jan, it say allow 5 days for delivery so that makes it the 16th Jan ,and once i acknowledged i have further 28 days??? that would be 13th Feb.. the judgement was 3 Feb???
                              so they have made a judgement in 14 days ..instead of time allowed which should have been 28 days. now for me to get the damn thing squased i have to pay 275 to get it set aside.. the courts the solicitors and the parking peopel are all crooked... lovely country we living in.
                              So why the default CCJ?
                              If the defence deadline was not reached, I can't see a strike-out application would be possible.
                              ignorantia juris non excusat

                              Comment

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                              SHORTCUTS

                              Pre-Action Letters
                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Witness Statements
                              Directions Questionnaire
                              Statute Barred Letter



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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