UKPC parking invoice

[7653ade]

hello everyone
I am in search for some help advice or guidance.

I have received county court papers for a parking invoice i received in nov of 21 and i did appeal the ticket but was declined.

so we went to festival park currys and on that day the car park was full we had us adults and 3 kids 2 of which were in child car seats one being just over a yr old and the other 2 yrs. so i parked in a disabled bay as tis was the only space available and would enable me to get the children out the seats but on this particular car park there are no parent and child bays at all. the rest of the shopping areas have them (morrisons home bargains mc'd etc).

so was given a parking charge invoice now i know that its illegal to park in a disabled bay and that it is frowned aopn but that law as far as i know does not extend to private car parks. so i parked there for the reason of the kids more so.

so now i am facing the court route and have done the AOS and i spoke to the company dealing with the court procedure and he said i could settle for £160 open for 7 days in order to stop the court proceeding.

can some one help me with some advice and guidance on the matter.

thank you in advance

[charitynjw]

hello everyone
I am in search for some help advice or guidance.

I have received county court papers for a parking invoice i received in nov of 21 and i did appeal the ticket but was declined.

so we went to festival park currys and on that day the car park was full we had us adults and 3 kids 2 of which were in child car seats one being just over a yr old and the other 2 yrs. so i parked in a disabled bay as tis was the only space available and would enable me to get the children out the seats but on this particular car park there are no parent and child bays at all. the rest of the shopping areas have them (morrisons home bargains mc'd etc).

so was given a parking charge invoice now i know that its illegal to park in a disabled bay and that it is frowned aopn but that law as far as i know does not extend to private car parks. so i parked there for the reason of the kids more so.

so now i am facing the court route and have done the AOS and i spoke to the company dealing with the court procedure and he said i could settle for £160 open for 7 days in order to stop the court proceeding.

can some one help me with some advice and guidance on the matter.

thank you in advance

What is the date of the alleged contravention? (parking incident).

What is the date of issue on the court claim?

Do you have original documentation re the alleged contravention? (Postal notice to keeper, windscreen pcn if applicable).

Do you have photos of the parking site & in particular, signs? (Legible ones).

Has the driver (at the time of alleged contravention) been ID'd in any appeals or other communications with the parking co, or their legal reps, or anywhere else?

That will do for now, though there will be further info needed once the above is known.

[7653ade]

Hi thank you for replying.

Date of contrivention of top of my head was the 11 nov 2021
court date issue was 26 april 2023
Window sticker pcn
I have pictures of the sign from nov 2021 but they have since changed them due to recent upgrade to anpr systems

No driver was identified only reference used was we.

Appeal was rejected by ukpc then receivered zzps dcbl qcn letters. Then can home to the court papers.

[charitynjw]

Hi thank you for replying.

Date of contrivention of top of my head was the 11 nov 2021
court date issue was 26 april 2023
Window sticker pcn
I have pictures of the sign from nov 2021 but they have since changed them due to recent upgrade to anpr systems

No driver was identified only reference used was we.

Appeal was rejected by ukpc then receivered zzps dcbl qcn letters. Then can home to the court papers.

Did you do a POPLA appeal?

Who is the legal representative? DCB Legal? (There is also a DCB Ltd, but they are not a legal firm).

After all the debt collection letters, but before the issued court claim, did you receive a letter before action/PAP response pack?

[7653ade]

It is dcb legal and i did not receive a pap responce pack. The last correspondence i had was sept 22 but according to dcb legal the say they sent me a letter out in February this year but i know that they did not as i have no such letter just the court pack.

I did not know about POPLA

In the letters i have a letter dated 03 oct 22 and this says notice of intended legal action

Then 06 sept 22 was a final notice of debt recovery letter

[charitynjw]

It is dcb legal and i did not receive a pap responce pack. The last correspondence i had was sept 22 but according to dcb legal the say they sent me a letter out in February this year but i know that they did not as i have no such letter just the court pack.

I did not know about POPLA

In the letters i have a letter dated 03 oct 22 and this says notice of intended legal action
Was this letter from DCB Legal?

Then 06 sept 22 was a final notice of debt recovery letter
Who sent this letter?

As you've stated that you have filed an acknowledgement, if the claim was issued via MCOL you have 33 days from the issue date to file a defence.
If it were me I'd be requesting, under CPR, all evidence that the Claimant (or DCB Legal on behalf of them) intend to use in support of the claim, plus any other documentation which might be relevant to it. (Eg landowner authority....the actual agreement, not just a letter of authority).

[7653ade]

Both letters were from dcb L. So will look at what form of letter i will need to request these documents

[charitynjw]

Both letters were from dcb L. So will look at what form of letter i will need to request these documents

DCB Legal or DCB Limited?
There is a world of difference.

[7653ade]

Sorry i thought there was only one dcb l (it is dcb legal )

[charitynjw]

Sorry i thought there was only one dcb l (it is dcb legal )

Ok.
You do need to obtain all the evidence which the parking co/DCB legal are using to support their claim.
Post #6 gives you an idea of what you might need to assess your legal position, & so any defence you might have.
Write to DCB Legal & request same ahead of the defence deadline, keep a copy & get proof of sending.
But if you do not get a response in time, you must file your defence regardless.
In this kind of situation, a holding defence should suffice.

[7653ade]

hi is this ok
15/05/2023
DCB legal LTD
Direct House
Greenwood Drive
Runcorn
WA7 1UG

Dear Sirs,
Claim Number: K******

Request for documents mentioned in a statement of case under CPR 31.14

On 03/05/2023 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 15/06/2023

1. Ownership of land
2. Contract
3 Identification of driver
3 Agreement to pay within 28 days
4. All requests made
5 Actual Damages incurred.
Notice of Assignment
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.
I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
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.
I look forward to hearing from you.


Yours sincerely

[charitynjw]

hi is this ok
15/05/2023
DCB legal LTD
Direct House
Greenwood Drive
Runcorn
WA7 1UG

Dear Sirs,
Claim Number: K******

Request for documents mentioned in a statement of case under CPR 31.14

On 03/05/2023 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 15/06/2023

1. Ownership of land
2. Contract
3 Identification of driver
3 Agreement to pay within 28 days
4. All requests made
5 Actual Damages incurred.
Notice of Assignment
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.
I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
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.
I look forward to hearing from you.


Yours sincerely

What credit agreement do you want disclosed?
If it were me I wouldn't mention CPR 31. Just ask for the documents.
Others might disagree.