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UK parking control Ltd sent me county court letter please help

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  • #16
    Don't worry about your defence yet as it's not due in until 9/11.
    we need to see what comes from your letters

    Comment


    • #17
      Hi des8,

      I just recieved a reply from UKPC in regards to my S.A.R (please see below).
      Still waiting to hear from DCB legal in regards to CPR31.14.


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      Comment


      • #18
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        Comment


        • #19
          Being the hirer does make a difference to your possible defences.

          DCB Legal need to reply within 7 days of receiving your request, so do tag me when that & days is up

          Any chance of obtaining a photo of the signage at the car park?

          Comment


          • #20
            Originally posted by des8 View Post
            Being the hirer does make a difference to your possible defences.

            DCB Legal need to reply within 7 days of receiving your request, so do tag me when that & days is up

            Any chance of obtaining a photo of the signage at the car park?
            Des8 it's been more than 7 days and DCB legal hasn't replied to the cpr31.14 (I sent them letter on 20/10/23).

            Also please see attached the photos of parking signage. Click image for larger version

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            • #21
              des8 it's been more than 7 days and DCB legal hasn't replied to the cpr31.14 (I sent them letter on 20/10/23).

              Also please see attached the photos of parking signage. Click image for larger version

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              Comment


              • #22
                You could try something along these lines as an initial defence.

                DEFENCE
                1.The Defendant received the claim xxx from the CCBC on xxx

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

                3.This claim appears to be a parking charge following a breach of contract

                4.It is admitted that the Defendant is the registered keeper of Vehicle xxxx is reg

                5.The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess the Defendant's position with regards the claim.

                6.The Claimant’s Particulars of Claim do not state the nature of the alleged breach

                7. The Claimant's Particulars of Claim are unclear on whether the Defendant was the driver or was the keeper of the vehicle at the time of the alleged incident.

                8.
                On the DD/mm/YY the Defendant sent a request for inspection of documents mentioned in the Claimant’s statement of case under Civil Procedure Rule 31.14 to XXXX.

                9. xxxx has not sent any of these documents to the Defendant.

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

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

                16.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.

                Comment


                • #23
                  Thanks again Des8. Please would you be able to go over my initial defence one final time before I submit it:


                  1.The Defendant received the claim xxx from the UKPC on 10/10/2023

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

                  3.This claim appears to be a parking charge following a breach of contract

                  4.It is admitted that the Defendant is the registered keeper of Vehicle xxxx is reg

                  5.The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess the Defendant's position with regards the claim.

                  6.The Claimant’s Particulars of Claim do not state the nature of the alleged breach

                  7. The Claimant's Particulars of Claim are unclear on whether the Defendant was the driver or was the keeper of the vehicle at the time of the alleged incident.

                  8.
                  On the 20/10/23 the Defendant sent a request for inspection of documents mentioned in the Claimant’s statement of case under Civil Procedure Rule 31.14 to DCB Legal Ltd, Direct House, Greenwood Drive, Runcorn, WA7 1UG.

                  9. DCB Legal Ltd has not sent any of these documents to the Defendant.

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

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

                  16. 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.

                  Comment


                  • #24
                    OOPS! just testing one of us was awake???

                    Omit the word "registered" as you were still the keeper at the time.

                    Sent you PM

                    Comment


                    • #25
                      Lol! sorry stuff like this keeps me up at night until I can solve it. Sent you a PM back.

                      Comment


                      • #26
                        Michael23 Was there a resolution to this appeal? I'm in a similar situation with UKPCL for "parking longer than permitted" so will be going through these steps very soon.

                        Comment


                        • #27
                          Toomly


                          This case is still rumbling on.
                          If you want advice please start your own thread

                          Comment

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