5 years and 3 monhts ago PCN claim form

**des8** · 25th January 2023, 07:55:AM

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

**Justnone456** · 28th January 2023, 03:40:AM

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.

**des8** · 28th January 2023, 08:37:AM

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

**Justnone456** · 30th January 2023, 00:22:AM

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

**Justnone456** · 30th January 2023, 00:26:AM

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

**des8** · 30th January 2023, 20:38:PM

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

**Justnone456** · 1st February 2023, 16:50:PM

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

redacted NTK- 23 Oct.pdf (624.6 KB, 1 view)

**des8** · 1st February 2023, 20:12:PM

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.

**Justnone456** · 7th February 2023, 11:29:AM

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..

**JMcG** · 7th February 2023, 11:46:AM

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?

**JMcG** · 7th February 2023, 11:53:AM

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.

**des8** · 7th February 2023, 12:05:PM

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?

**Justnone456** · 7th February 2023, 13:48:PM

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.

**JMcG** · 7th February 2023, 13:57:PM

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.

5 years and 3 monhts ago PCN claim form