UKPC Court Proceedings Wrong registration (on retention)

[Pweda]

Hi all,

I am being pursued by dcblegal for a parking ticket I received from UKPC in 2018. I am due to attend the County Court in November and need to submit my defense to the County Court and claimant.

On this particular day, I took my wife's car to park instead of my own. I parked as normal and selected my wife's car which I had already registered in Ringgo. However, my wife had taken her private registration off the car and put it into retention as she was selling the car a few weeks earlier but I had not updated Ringgo with the new registration. Therefore the ticket that I paid for through Ringgo was for the private registration that was now on retention.

I appealed to UKPC proving that I had purchased a ticket for that car on that date and provided photos that the registration was on the car a few weeks earlier as well as a photo of the retention certificate to prove it was not on another vehicle at the time I bought the ticket but of course, the appeal was dismissed. I also appealed to POPLA who also dismissed the appeal.

dcb have been sending me letters for a few years now chasing the 'debt' with the usual interest and legal costs but I am determined to fight it.

I am now trying to formulate my defense and would really appreciate it if anyone would be able to guide me on any legal standing I have.


Thanks in advance

[des8]

You're a bit short on details so tad difficult to see if you have any defence

Could you post up the exact wording of the particulars of claim, and copy of original PCN (if you still have it!) plus photo of the signs at the car park?
If they are pursuing you rather than the registered keeper, I assume you have identified yourself as the driver

Viewing the little information you have made available your best defence might be based around the BPA Operator's code of
Practice.
UKPC are members of BPA,
If the BPA logo appeared on the parking signs it could be argued that sections of their Operator's Code of Practice become implied terms of your parking contract.
One such term is concerned with major keying errors when the customer is entering the registration number.
The code requires the operator to reduce the charge to £20 on receiving proof of the reason for entering the wrong number
They seem not to have done this and so are acting outside of their code and are in breach of your contract
https://www.britishparking.co.uk/wri...2020_v8(2).pdf

[Pweda]

You're a bit short on details so tad difficult to see if you have any defence

Could you post up the exact wording of the particulars of claim, and copy of original PCN (if you still have it!) plus photo of the signs at the car park?
If they are pursuing you rather than the registered keeper, I assume you have identified yourself as the driver

Viewing the little information you have made available your best defence might be based around the BPA Operator's code of
Practice.
UKPC are members of BPA,
If the BPA logo appeared on the parking signs it could be argued that sections of their Operator's Code of Practice become implied terms of your parking contract.
One such term is concerned with major keying errors when the customer is entering the registration number.
The code requires the operator to reduce the charge to £20 on receiving proof of the reason for entering the wrong number
They seem not to have done this and so are acting outside of their code and are in breach of your contract
https://www.britishparking.co.uk/wri...2020_v8(2).pdf

Hi,

Thank you for responding so quickly.

Sadly I no longer have the actual parking ticket (issued in 2018). Also, I do not have the original signs as they have been updated since I received the ticket.

Particulars of claim

The defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXXXXX at Julians Car Park station Road,didcot,ox11 7nn 2. The PCN details are 22/10/2018, 1299182951247 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 incurring 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 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 judgement or sooner payment. 3. Costs and court fees


Amount claimed: £222.32
Court fee: £35.00
Legal representative costs £50.00
Total: £307.32

The original debt collector letters were originally stating "Parked without making a valid payment".

First I was chased by Debt Recovery Plus and then it was passed over to dcbl.I have literally had >6 debt collecting letters from them over the last few years including the threat of court action.

[Pweda]

Also, I absolutory did not agree to pay within 28 days as stated either.

[des8]

Ok, if you are still in time you need to acknowledge the claim, but do not enter defence.

Then send Subject Access Request (SAR) to UKPC, and a CPR 31.14 to DCBLegal
Templates re in the SHORT CUTS panel on the right of this page
The templates need modifying for your particular circumstances s they are mainly set for debt problems

[Pweda]

Ok, if you are still in time you need to acknowledge the claim, but do not enter defence.

Then send Subject Access Request (SAR) to UKPC, and a CPR 31.14 to DCBLegal
Templates re in the SHORT CUTS panel on the right of this page
The templates need modifying for your particular circumstances s they are mainly set for debt problems

I seem to be late to the party as I have already acknowledged the claim and now have my court hearing date through and need to send in my defence.

[des8]

Only defence I can suggest under the circumstances is at post 2., although to gain more time and perhaps copies of the documents you could try:

1.The Defendant received the claim [Claim Number] from the Civil National Business Centre on [Date you received the claim]

2.Each and every allegation in the Claimant's statement of case is denied unless specifically admitted in this Defence.

3.This claim appears to be for an unpaid parking charge

4.The Defendant is unable to properly respond as the claim is not sufficiently particularised as it lacks sufficient detail

5..The Claimant fails to state the reason for the Defendant's alleged liability for the alleged charge either as the driver or as the keeper of the vehicle at the time of the alleged incident

6.The Defendant respectfully requests the court orders the Claimant provide the necessary information and any supporting documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

8.In the event that the relevant information and documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimant bears the costs of the amendment.

7.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________

Dated ________

[Pweda]

All,

Thank you for your help and advice.

After submitting my defense, dcb legal (on behald of UKPC) sent me an offer of an out-of-court settlement of £120. I replied thanking them for their kind offer but I will have to decline as I feel I have a very strong case and look forward to presenting it to the judge next month at my court hearing.

5 days on and I get this: -

"We act for the Claimant in the above matter.



Our client has instructed us to discontinue Court proceedings and close our file. Therefore, please find enclosed the Claimant’s N279 Notice of Discontinuance for your records.



The attached has also been filed with the Court.



We will now proceed to close our file accordingly."

[PallasAthena]

Good result.

[des8]

That's good news ... and keep that notice safe
Thanks for the update