UK Parking Control Ltd - CCJ

[des8]

In post one you said you received the notice shortly after the event (So it has not taken over a year to issue it.) and ignored it and subsequent letters.(so that is why you now have to deal with a court claim!)

I think your best defence is one of double dipping, and hope you can convince the judge.

However they also seem unclear whether or not you were the driver.
So you can try admitting you are registered keeper but put them to strict proof that you were the driver, and suggest they have not shown how they are transferring liability from driver to keeper (they don't mention PoFA 2012)

One other point is that PoFA 2012 schedule 4 para4 (5) limits the claim to the amount of the parking charge ie £100. So challenge the £170 claim amount
If you lose there will be other fixed costs such as the court fees that the claimant has paid.

[withamimps]

In post one you said you received the notice shortly after the event (So it has not taken over a year to issue it.) and ignored it and subsequent letters.(so that is why you now have to deal with a court claim!)

I think your best defence is one of double dipping, and hope you can convince the judge.

However they also seem unclear whether or not you were the driver.
So you can try admitting you are registered keeper but put them to strict proof that you were the driver, and suggest they have not shown how they are transferring liability from driver to keeper (they don't mention PoFA 2012)

One other point is that PoFA 2012 schedule 4 para4 (5) limits the claim to the amount of the parking charge ie £100. So challenge the £170 claim amount
If you lose there will be other fixed costs such as the court fees that the claimant has paid.

Hi Des, I only noticed the date of the PCN the other night when I posted on here. I thought it related to 2022 because I received it just after Xmas last year. The date of PCN is 23/12/2021, the PCN date is 31/12/2021, hence why I just assumed that it related to 2022 and not 2021.

Am I right in thinking that they have to issue the PCN within 14 days of the “offence”, this PCN was received over a year later.

[withamimps]

Hi Des, I only noticed the date of the PCN the other night when I posted on here. I thought it related to 2022 because I received it just after Xmas last year. The date of PCN is 23/12/2021, the PCN date is 31/12/2021, hence why I just assumed that it related to 2022 and not 2021.

Am I right in thinking that they have to issue the PCN within 14 days of the “offence”, this PCN was received over a year later.

Is this ok for my defence?

IN THE COUNTY COURT BUSINESS CENTRE

Claim No.: XXXXXX

Between

UK Parking Control Limited



- and -

xXXXXX

(Defendant)

_________________

DEFENCE

1. The parking charges referred to in this claim did not arise from any agreement of terms. The PCN date states that the vehicle arrived at McDonald’s at 14:48:53 on 23/12/2021 and left at 21:18:14 on 21:18:14. The defendant DID not receive the PCN until December 2022, which is more than the 14 days in which a PCN should be issued from date of alleged offence.


The facts as known to the Defendant:


2. It is admitted that the Defendant was the registered keeper of the vehicle in question, but there is no strict proof that I was the driver and DCBL have not shown how they are transferring liability from driver to keeper.


3. The driver visited McDonald’s drive through at 14:48 on the 23/12/2021 with her two daughters, aged 4 and 12 and returned home. On the evening of the 23/12/2021 the driver and a neighbour went and did the Christmas food shop at our local Asda and Aldi Supermarkets. As it was getting late the driver and neighbour again visited the same McDonald’s drive through where they purchased food and drink and returned home.

The Defendant was a visiting customer of McDonalds.

4. The defendant vehemently denies entering into any correspondence with the claimant and the defendant vehemently denies that payment would be made within 28 days.

5. PoFA 2012 schedule 4 para4 (5) limits the claim to the amount of the parking charge. The defendant also challenges this claim amount and the damages.

[des8]

If that event took place in 2022 and the PCN was issued 31.12.2022 the parking company cannot take action to recover the charge until 28 days later i.e 28.01.2023.
You are being chased for a parking ticket issued over a year ago, which ties in with your statement that you ignored correspondence from UKPC.
For an event in Dec 2022 there would not yet be any chasing letters.

You need to start your defence as follows:
1.The Defendant received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on [Date you received the claim]

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

3.This claim is for payment for an alleged parking charge dating back to December 2021

4.The claimant does not know the identity of the driver and does not state how liability is transferred to the defendant who admits being the registered keeper

5 The driver visited McDonald’s drive through (insert Location) at 14:48 on the 23/12/2021 with two daughters, aged 4 and 12 and returned home (when?)

6 On the evening of the 23/12/2021 the driver and a neighbour went and did the Christmas food shop at our local Asda and Aldi Supermarkets. As it was getting late the driver and neighbour visited the same McDonald’s drive through where they purchased food and drink and returned home.

7 the driver suggests the claimant's systems recorded the first entry and the second exit giving rise to the anomaly known as "double dipping"

8 it is denied that the Claimant is entitled to the relief as claimed or at all.


If you are using para 5 as a defence do you have your daughters' ages correct for 2021, and is your neighbour prepared to attend court as a witness.
Do make sure that your statements are accurate and you and your witness can face questioning in court

[withamimps]

If that event took place in 2022 and the PCN was issued 31.12.2022 the parking company cannot take action to recover the charge until 28 days later i.e 28.01.2023.
You are being chased for a parking ticket issued over a year ago, which ties in with your statement that you ignored correspondence from UKPC.
For an event in Dec 2022 there would not yet be any chasing letters.

You need to start your defence as follows:
1.The Defendant received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on [Date you received the claim]

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

3.This claim is for payment for an alleged parking charge dating back to December 2021

4.The claimant does not know the identity of the driver and does not state how liability is transferred to the defendant who admits being the registered keeper

5 The driver visited McDonald’s drive through (insert Location) at 14:48 on the 23/12/2021 with two daughters, aged 4 and 12 and returned home (when?)

6 On the evening of the 23/12/2021 the driver and a neighbour went and did the Christmas food shop at our local Asda and Aldi Supermarkets. As it was getting late the driver and neighbour visited the same McDonald’s drive through where they purchased food and drink and returned home.

7 the driver suggests the claimant's systems recorded the first entry and the second exit giving rise to the anomaly known as "double dipping"

8 it is denied that the Claimant is entitled to the relief as claimed or at all.


If you are using para 5 as a defence do you have your daughters' ages correct for 2021, and is your neighbour prepared to attend court as a witness.
Do make sure that your statements are accurate and you and your witness can face questioning in court

Morning Des, thank you very much for that. Yes I have my daughters ages correct at the time of offence. My neighbour is more than willing to attend court. I’m filing my defence now. Thank you so much.

[withamimps]

Hi Des,

So this morning I received the following email from DBCL.

https://www.flickr.com/photos/197544...res/Cp5bnLHquX

Obviously I have not responded as yet until I’ve sought advice from you guys.

Thanks a lot.

[des8]

So they are leaving open the possibility of negotiating a reduced settlement.
If you wish to explore the possibility and avoid the stress of court, the time spent in dealing with the case and the possibility of losing (and court is always a bit of a lottery, then contact them.

If not await court directions, and in the meantime prepare your witness statement.
Your neighbour should also prepare hers.

If you are content to receive all documentation by email, confirm it.
I wouldn't, and I would insist that all communications should be via Royal Mail, but your choice