UKPCL/DCB Legal ANPR PCN Claimform - overstay of 15mins on 3hrs - Exebridges Retail Park, Exeter

[jleviit]

I'm back again!

 

Date of the infringement 16.10.2021

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date. ]21.10.2021

 

3 Date received 23.10.2021

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] 

Y
 

5 Is there any photographic evidence of the event?

Y
 

6 Have you appealed? [Y/N?] post up your appeal]

N
 

Have you had a response? [Y/N?] post it up

N/A
 

7 Who is the parking company?

UKPC

 

8. Where exactly [carpark name and town]

Exebridges Retail Park, Exeter
 

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

No

ukpc_1.pdf

Edited November 5, 2021 by dx100uk
Pcn unredacted

[dx100uk]

Pcn totally  unredacted removed.

 

Dx

[jleviit]

Hi, 

I'm back again and have completely forgotten the whole process!!

 

This morning I received a Claim form (attached) and I am unsure what my next move is?

 

 

 

Which Court have you received the claim from ? County Court business centre, Northampton

 

Name of the Claimant ? UN Parking Control Ltd.

 

Date of issue – 31 Oct 2022

 

Particulars of Claim

 

1. The Defendant(D)  is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXX XXX at Exebridges Retail Park exeter, exeter, ex4 1ah

 

2. The PCN details are 16/10/2021, no.xxxxx. The PCN(s) was issued on private land owned or managed by C.

 

3.The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s).

 

4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The Contract entitles C to damages.

 

1. £170 being the total of the PCN(s) and damages.

2. Interest at a rate of 8% per annum pursuant to a s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment. 3. Costs and court fees.

 

What is the total value of the claim? 268.96
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
 

[Homer67]

Hasn't the law on overstays changed recently or is about to change?

Edited November 3, 2022 by Homer67
typo

[dx100uk]

threads merged 

[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.

………….
 

[lookinforinfo]

Could you please post up the PCN with your name, address and vrm removed. Please include all dates and times.

Often there are faults on the PCN that can help your case 

[jleviit]

So I have done the MCOL process ... next I send my defence...?

[FTMDave]

So you've done Acknowledgement of Service?

[jleviit]

Yes.

[FTMDave]

I've had to hide your attachment (again) because you've left your vehicle registration showing (again). 

 

The good news is that they are saying you overstayed for exactly 15 minutes.  Yet there is a 5-minute consideration period at the start and a 10-minute grace period at the end for you to exit the car park.

 

These periods are a minimum.  You were there on a Saturday when logically there are often queues of traffic.

 

As you've done AOS and sent the CPR request off as per dx's instructions you can relax now till the time to file your defence.

[jleviit]

So sorry! I have attached again ... I have not done the get a CPR 31:14 request yet but will post tomorrow...

PCN 211021.pdf

[FTMDave]

[dx100uk]

need bothsides of the pcn to check they have complied with pofa etc

put them both in one 2 page file use PDFMERGE website or read upload.

 

dx

 

[FTMDave]

Did the fleecers send you a Letter Before Claim before rushing to court?

[lookinforinfo]

It may be that their PCN is not compliant.

 

first it does not provide a period of parking as required by the Act.

 

All it shows is entering and leaving the car park which is not the same as providing a period of parking. [Your car wasn't parked when driving into the car park looking for a place to park, nor was it parked when you pulled out of the parking space and drove to the exit.]

 

Secondly the wording on the PCN is not the same as the recommended one shown on PoFA 2012 plus there are extra comments that after 42 days debt collectors will be writing and the charge will increase. There is nothing in PoFA that refers to that plus it is an unlawful charge.

 

Could you please get some photos of the signage there. Please ensure the signs are legible and include the entrance signs and signs inc=side the park and include signs inside the park that have different terminology to others .

[jleviit]

Hi there,

I came back from work today to receive a Judgement for Claimant (in default). Telling me I have not replied to the claim form.

 

I thought I had done all that was asked of me by returning the acknowledgement of service. I checked on the MoneyClaim website (screenshot posted). Have I made a massive mistake somewhere along the line?

 

Alos it says that if I pay within one month i can ask the court to cancel entry on the Register. This letter is dated the 9th December, a month ago.

Claim in default letter.pdf

[honeybee13]

Did you file a defence back in November?

 

From dx's post on 3/11:

 

'you DO NOT await the return of paperwork.

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

 

HB

[jleviit]

Oh damn. No I didnt!

[dx100uk]

 

dx

 

[dx100uk]

get it paid quick.

not worth trying to set it aside as that more expensive £275.

 

 

[jleviit]

Im so mad at myself. I just got to pay it no ASAP.

Cant believe it

 

Available options

A Judgment has been entered against you. You cannot respond to the claim at this time but you may apply for the judgment to be set aside.

[FTMDave]

Isn't the OP already outside the period during which you can pay and avoid getting a CCJ?

[jleviit]

I've just paid it ...but if it's the 28 days from 9th December then that's the 6th of Jan and I'm four days late. So gutted I cant tell you ... I'm a couple of months away from applying for my first mortgage aswell.

Unbelievable!!!

Cant believe how stupid I am for forgetting!!!

Sorry to all here who assisted me last time and this time.

[dx100uk]

A judgment was issued against you on 09/12/2022 at 19:09: 53

 

they might just agree to remove the CCJ is he begs nicely to UKPC or dcb legal?

 

dx