Received County Court Claim for PCN for overstaying on free carpark

[AllmanRach]

Hoping people can help me with next steps of defending this claim. I received a PCN last summer claiming I had overstayed on Pinners Brow free carpark by I think 10-15 minutes. I don't have the original documents which showed pictures of my car entering and exiting the site but I did receive them.

I haven't visited the carpark since these claims, but I have managed to obtain what the sign supposedly states on this link here: https://www.thejungle.uk.net/images/UKPCRules.png I don't have details as to where these signs were across the car park, but if this will help my claim I will drive over as it's only 20-25 mins away.

On Feb 28th I received a letter of claim from DCB Legal. I ignored it thinking that they had referred the debt to a debt collector or third party, but didn't realise they were representing UKPC. This letter I have and requested for £170.

Today I have receive a claim form from DCB legal on behalf of UKPC asking for the some of £263.40.

Particulars of the claim:
1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle SC18NYZ at Pinners Brow Retail Park, 3 Pinners Brow, Warrington, WA2 7XA.
2. The PCN(s) were issued on 3/08/2023.
3. The defendant is pursued as the driver of t he vehicle for breach of the terms on the signs (the contract). Reason: Parked for longer than permitted.
4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.
AND THE CLAIMANT CLAIMS
1. £170 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 £.02 until judgment or sooner payment.
3. Costs and court fees.

I have contacted Contestor Legal Services who said they can fight it for £100 fixed fee. Ideally I would like to do this myself so I don't incur any costs, but I don't know where to start and feel a bit overwhelmed with the process. I would take the £100 fee with these over the risk of getting a CCJ.

Thanks in advance,
Rachael

[AllmanRach]

I have just now completed an acknowledgement of service following the instructions provided via the link below. I have stated that I will defend all of the claim.

https://legalbeagles.info/library/gu...ledge-a-claim/ via their website.

[des8]

So now you need to send a CPR31.14 request to DCB LEGAL.
you should also send a SAR to UKPC requesting in particular copies of any documents sent to you
There are templates in the SHORTCUTS panel on the righthand side of this page. they will need modifying for your particular circumstances.

when you receive replies, or about a week before your defence has to be filed if no responses, post again on this thread

PS up to date legible picture(s) of the sign(s) might be useful if you can obtain them

[JP Legal]

I suppose the first question is do you agree you overstayed?

Do you have any documents/evidence in respect of the amount of time you were at the parking space. This appears to be a strict liability debt (you either did or did not stay past the 3 hours). The document you linked suggests the fee will be £160 not £170 (£100 charge and £60 for debt recovery agent instruction).

If you are minded to defend then filing an acknowledgement of service grants you an additional 14 days to file your defence. After that, given this is undoubtedly a small claims matter, the court will order a date for disclosure and the hearing will be shortly after that.

Dealing with your concens:

1) There is no costs recovery in the small claims court so neither you nor they can get your legal fees back.
2) You will only receive a County Court Judgment if you fail to respond. You have already acknowledged service so the Claimant cannot seek default Judgment unless you do not file your defence within 14 days.

[AllmanRach]

So now you need to send a CPR31.14 request to DCB LEGAL.
you should also send a SAR to UKPC requesting in particular copies of any documents sent to you
There are templates in the SHORTCUTS panel on the righthand side of this page. they will need modifying for your particular circumstances.

when you receive replies, or about a week before your defence has to be filed if no responses, post again on this thread

PS up to date legible picture(s) of the sign(s) might be useful if you can obtain them

Thank you for your help with this so far. Can I just ask a couple of questions so I can get these out tomorrow?

1. On. the CPR31.14. form, do I just request they send me the Contract? There's no mention of any agreement or notice of assignment in the particulars of the claim, so assume that is all I can ask for?
2. I don't understand the last paragraph and what I am meant to send a copy of and what the statutory fee of £1 means too. Please can you advise?

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.

The SAR looks straight forward enough. I have specifically asked for any PCNs and further correspondence from these that are addressed to me.

Thank you
Rachael

[des8]

The CPR31.14 request is for documents that the claimant intends to rely on in court, so you need to list:
Parking Charge Notices (Note plural)
Legible photos of all signs at the car park

In the template (which was really drafted for credit debts) ignore references to the contract and references to Consumer Credit Act 1974. There is no need to send £1.

Do not identify the driver when communicating with these people

[AllmanRach]

So now you need to send a CPR31.14 request to DCB LEGAL.
you should also send a SAR to UKPC requesting in particular copies of any documents sent to you
There are templates in the SHORTCUTS panel on the righthand side of this page. they will need modifying for your particular circumstances.

when you receive replies, or about a week before your defence has to be filed if no responses, post again on this thread

PS up to date legible picture(s) of the sign(s) might be useful if you can obtain them

Hi,

I have had correspondence back from DCB Legal today. Please see the attached evidence they have provided. There was the initial parking fine, a second notice for £100 and then two photos of the signs on the carpark. There is a cover letter that states the amount owed £263.40 to prevent further action.

What would be the next steps in challenging? These photos of the signs are close ups, but don't provide context as to the location of them in the carpark. Would you recommend I go and drive over and take photos? One photo was also taken after the date this PCN was issued so may not have been there at the time.

Thank you
Rachael

[des8]

What was date of issue of claim form? need to ensure filing of defence not out of time

[AllmanRach]

What was date of issue of claim form? need to ensure filing of defence not out of time

I received it in the post on April 4th 2024 and completed an acknowledgement of service on the website to say I will defend on the same day.

[des8]

You have 28 days +5 from date of ISSUE.... so a couple of weeks I guess

[AllmanRach]

You have 28 days +5 from date of ISSUE.... so a couple of weeks I guess

Great, thank you for clarifying that for me. Do you know if there a template I could use to help me with the defence case? There's the example defence template but think it's for debt claims so suppose some things may not be relevant.

[des8]

have several bits & pieces but nothing straightforward as each defence will depend on the exact wording of the complete signs (includes the tiny illegible bits!), the PCN & NTK and the claim form.

Suggest you work off the basis that the POC is incoherent and confused (how many PCNs) and are they pursuing you as driver keeper:?

The signs are forbidding in nature and so incapable of forming a contract (one cannot contract to do something which id forbidden)

What follows might (might not) help you !!
Do a draft defence and post it up for possible tweaking



1.The Defendant received the claim No xxxx from xxxxx Ltd on 14/12/2023
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.The Defendant does not to know (and neither does the Claimant) whether the Claimant owns or is only authorised to carry out parking enforcement services at xxxxx
4.The Defendant admits to being the registered keeper of the vehicle, but denies naming the driver as alleged in the POC

5.If the Claimant Knows the driver's identity , the Claimant should not be proceeding against the keeper (PoFA2012 Sch4 para 5 (I))
6.The Defendant avers the signs are not capable of forming a contract as they are forbidding in nature
7.The claimant states in para 3 of his PoC that the vehicle was parked "for longer than permitted".

The PoC is unclear about what terms and conditions may have been breached. It does not explain what permit or authority was required nor how the breach occurred, nor what maximum period was allowed nor what period the vehicle was actually parked.
8. The Defendant denies that the Claimant is entitled to the recovery of the parking charges and unspecified collection charges in respect of the PCN(s) against the Defendant as either the driver or the Keeper for the following reasons:
9.The Defendant asserts the “additional charges” term on the parking sign is contrary to the requirement of good faith and causes a significant imbalance under the contract to the detriment of the Defendant.
10. Section 68 of the Consumer Rights Act 2015. (CRA 2015) requires that every term of a consumer contract must be transparent and expressed in a plain and intelligible language.
11.The Defendant contends that the term referring to the charges on the signage was neither transparent nor intelligible in that it only refers to unspecified additional charges.

12.It fails to explain what charges the claimant seeks to recover, and is also contrary to CRA2015 Schedule2 (10 & 14).
13. Consequently, the term is unfair and is not binding on the Defendant pursuant to sec 62 of CRA 2015

14.In Parking Eye vs Beavis ([2015] UKSC 67. Case ID. UKSC 2015/0116. the S C found the parking charge (£85) was a genuine estimate of the costs of operating the parking scheme including losses suffered by the operator if its terms and conditions were not complied with (see paras 188 and 193 of the judgment).
15. In this claim unspecified costs additional to the parking charge may involve an element of double recovery and is an abuse of process that may taint the entirety of the claim and permit the Court to strike out the claim (CPR3 4 (2) (b))
16. the Defendant denies 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.

[Dubkhan]

Hi there,
Ive just received a PCN from MET Parking services. I was parked in a bay at BP petrol station after using the servicevstation for fuel. They state i was there for 67min yet only allowed to remain there for 30. I was under the assumption that this rule was maybe enforced to those not using the facilities at the service station. But today i have received a charge from MET parking services. Can anyone advise pleaae, What am i to do now?
Many thanks.

[des8]

Dubkhan , but please start your own thread.

It is too confusing dealing with different cases on the one thread

[Dubkhan]

Apologies but im a little unsure how to do that.