UKPC(L)/QDR ANPR PCN claimform - 13mins overstay - Taunton Retail Park, Hankridge way, Taunton TA12LR

[B3rty]

Hi, I haven’t used this forum for ages but it helped me loads in the past.

Im now helping an elderly friend who’s  ignored a parking charge notice and now has a CC online claim against him from U.K. Parking Control Ltd.

 

Regardless of rights and wrongs he was 13 minutes over the limit. At the time he was infirm waiting to go into hospital for an operation and various friends and neighbours, used his car to do his shopping. He’s unable to confirm if he was driving. 
 

I understand they will need to prove he was driving and if so he was aware of the contractual terms, so I get the points regarding the defence but as I haven’t done anything like this for years I would appreciate a little help in positioning a holding defence and also the time lines involved.
 

The issue date is 13th May, I believe service is 5 days so that’s 18th . Acknowledgment is 1st June and defence by 14th June ( I’m just checking I’ve got these right, anyway we’ve filed acknowledgement so here we go. 

 

I’ve looked to see if there are defence  templates but can’t see anything appropriate so any help would be welcome.

 

Thank you
 

 

 

[Ethel Street]

I assume this is in England.

 

Please can you give us the information asked for in this sticky (copy and paste into your reply with the answers to each question). Note there are different questions depending whether it was windscreen ticket or one sent thought the post after being photographed by an ANPR camera.

 

Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group

 

Also upload a copy of the court claim that your friend has received as a single multi-page pdf document. Cover up all personal information including claim/reference numbers.

 

How to Upload Documents / Images as PDF on CAG - Guides and advice on using the forum - Consumer Action Group

 

 

 

[B3rty]

Thanks for the fast response. I looked at the sticky but he’s not kept any of the notices and just ignored them until now when he’s received the Northampton claim.

 

I will complete what I know and upload anonymous claim form will that be sufficient?

 

. 

[Ethel Street]

Well you can only give us what you've got @B3rtyso give the information and upload the court documents you have and let's go from there.

 

Presumably your friend can give some of the information in the sticky even if he hasn't kept all the document dates then let's see what the experts on this think.

[dx100uk]

Please complete this

 

Well move you on correctly once we have all this info

 

Dx

 

[lookinforinfo]

Whatever else you do, do not reveal who was driving.  It may be that the first PCN was not compliant with the Protection of Freedoms Act  2012 which prevents the parking crooks from transferring the alleged debt from the driver to the keeper. If the keeper is not liable therefore, the last thing to do is to reveal who was driving.

 

Moving on to the  13 minutes over time, we should be able to get over that fairly easily so all you have to do is get their paperwork done in time and the rest should be fairly easy. UK Parking Control probably aren't the worst parking company. in the world but if the worst one was to close down, I'd be worried if I was UK PC.

 

In the meantime could you please get  the questionnaire on post 5 completed so that we can give you and your friend the best help and get him out of having to pay a penny.

 

 

[B3rty]

 

Date of the infringement  21/12/2020

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 29/12/2020

 

3 Date received  Not Known. 
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Yes
 

5 Is there any photographic evidence of the event? No
 

6 Have you appealed? No
 

Have you had a response? N/A
 

7 Who is the parking company? U.K. Parking Control Ltd

 

8. Where exactly Taunton Retail Park, Hankridge way, Taunton TA12LR
 

For either option, does it say which appeals body they operate under. Yes POPLA

 

If you have received any other correspondence, please mention it here- MCOL Summons, Copy attached with NTK PDF.

 

Edited docs now attached.

 

claimform+NTK.pdf

Edited May 31, 2022 by dx100uk
Had to remove PDFs personal detail was visible …I will resubmit

[lookinforinfo]

The PCN is not compliant. Therefore the keeper is not liable for the debt. 

 

First they have used the ANPR camera times of the car entering and leaving the car park when what they have to do is record the actual time parked. Big difference. If you subtract the time it takes from entering the car to finding a place to park then manoeuvring the car into the space keeping the car within the lines. 

 

Then leaving the parking spot at the end of shopping  and driving to the exit which can take time if it is busy. That can easily take five or six minutes so you are well within the ten minute minimum grace period.

 

So the PCN should not have been issued as no offence occurred and the keeper has a claim of breach of his GDPR. The going rate for that breach is between £500 and £750 which rather outdoes their puny £100 charge.

[brassnecked]

The standard 3 line defence then, and leave the  non complianceof PCN for WS to avoid them cooking up lies?

[B3rty]

Thanks for the replies. Interestingly when  I looking at the car park notices and their positions etc I did see a very  large private lorry loading some goods and  also parked in such away as to block about 4 cars from getting out their places, 

I can’t get the defence down to three lines…is there a link for this please?

[dx100uk]

you already have it in the link i posted before scroll down to defence

but dont file it yet please

 

.

dx

 

[dx100uk]

pop up on the MCOL website detailed on the claimform

.

register as an individual on the Gov't Gateway Site
Go to HMRC's login page.

Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...

You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 

then log in to the MCOL Website

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

………….
 

[dx100uk]

On 26/05/2022 at 18:15, dx100uk said:

Please complete this

 

Well move you on correctly once we have all this info

 

Dx

 

you need to complete the above please.

 

dx

[B3rty]

Hi  quick follow up

 

I’ve placed the defence and completed the DQs and wondered if anyone had any case law or specific quotes for the consideration period and the grace period that allows the 15 mins combined.

 

We've  not got a hearing date yet but I’m just getting all my ducks in a row. I’ve got the BPA code of practice and the .gov Parking Code of Practice, which nicely shows a matrix of suitable times, along  a nice local news article related to the difficulty parking in that car park where it took the journalist 20 mins to park and another 20 mins to get out?

 

I’m okay with the court protocol just needing additional reference points around the initial consideration and Grace periods before I move onto contract between parties , signage ( which looks compliant) and other aspects.

 

I don’t for one minute think this will get to a hearing but just trying to get as much prep done now to save my time as this is for a friend and I’ve got a long vacation planned later this year and Sods Law says that’s when it’ll come in…

 

Thanks..

[honeybee13]

Hi.

 

I'm sure people will be along to advise, but one of the things they will need is the information dx asked for in his last post please.

 

HB

[dx100uk]

It will goto a hearing.

 

What defence did you file? And I hope you didn't give the sols your email/phone on their dq copy?

 

Dx

[B3rty]

I’m starting to collate a witness statement for a parking charge hearing and just need some clarification on the bundle documents.
 

With the references to case law, do I need to include the whole judgement summary or just a copy of the relevant section contained within it. I understand the courts hierarchy so it’s reference other county court examples of strike outs by a district judge?
 

Thank you.    

[honeybee13]

Hi.

 

Have you posted about this before? That doesn't give us a lot to go on.

 

HB

[B3rty]

I didn’t think I’d need to as it’s a generic question re the court hierarchy and using same level county court judgement summaries in the county court? I’m not looking for advice at this stage I’m just getting my ducks in a row.

[dx100uk]

no you dont .....but ref the relevant claim number.

 

please complete this:

 

post up your defence

and their WS if you want further help.

 

dx

 

and 

 

 

[B3rty]

Thanks CX 100uk, that’s great thank you. I’m at the witness statement stage now. But just to clarify I can use same level court hearing summaries?

Edited November 20, 2022 by B3rty

[lookinforinfo]

Is this in relation to the Taunton case or another one?

Have you been given a date for the hearing and if so when does your WS have to be completed by? 

[B3rty]

Yes, it has to in in by Friday 25th for a hearing in Jan.

[dx100uk]

threads merged for full history

 

dx

 

[lookinforinfo]

What we try and do B3rty is to wait whenever possible for their WS so  that we can pick holes in it thus strengthening your own case and casting doubt on theirs.

If you go to the Sticky section of he Private parking section and look through PPC Successes for inspiration and help initially. Once we know what your points are we can then advise on whether just the relevant part of the case law will suffice.