UKPC/DCBl PCN claimform - Parking Incorrectly Within Bay Markings - Valley Retail Park, Valley Leisure Park, Hesterman WAY, Croydon, London, CRO 4YA.

[hitman126]

Hello,

I recently visited my previous home address and picked up a County Court Claim letter from the Northampton Civil National Business Centre, stating the following as the Particulars of Claim. The Issue Date was 21 Nov 2023.

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle xxxxxxx at Valley Retail Park, Valley Leisure Park, Hesterman WAY, Croydon, London, CRO 4YA.

2. The PCN(s) were issued on 31/05/2023.

3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Not Parked Correctly Within The Markings Of The Bay Or Space.

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.

The Claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this statement.

Signed [Claimant's Legal Representative]

 

Other Claimant details are as follows

Claimant: UK Parking Control Limited, Union House, 111 New Union Street, Coventry CV1 2NT

Legal Rep: DCB Legal Ltd, Direct House, Greenwood Drive, Runcorn, WA7 1UG

Would be grateful for any advice or help here with contesting this claim. 

By the way, I no longer even own the vehicle in question as I parted with it in August.

I have also since moved from the house at which it was registered.

I do intend to respond to the claim online (moneyclaim.gov.uk) within the next day or two to contest it.

Someone can correct me on this, but I believe I still have roughly another 3 days to respond? 

[Nicky Boy]

Tagging @dx100uk for instructions on AOS.

 

Could you also upload the claimform and fill in this sticky please. (From the sound of it, you probably can't)

If not, we'll have to rely on a cpr that dx will mention...

https://www.consumeractiongroup.co.uk/topic/391121-have-you-received-a-parking-ticket-please-fill-this-out/#comment-4683610

 

[dx100uk]

you are far more experienced than us with this.

you have won several claims already.

get on with it!

you don't need nursemaiding......

just follow the same process in any of your multiple won claims already

dx

thread title updated

hope you've informed the dvla re any cars v5c and separately about your driving licence.

and dont forget to write too to any debt owners and tell then you've moved too from your credit file

don't want any backdoor ccj 's do you....

[hitman126]

 

@dx100uk if I was arrogant enough to believe my own hype and assume I knew everything, then you're absolutely right, I would probably not even contemplate soliciting for any advice or help..............and that would be a very treacherous path to tread.

Remember, even the best lawyer out there never chooses to defend himself/herself in court, but will rather lean towards the expertise of another colleague.

Motoring and parking regulations are frequently changing, so I always prefer to be humble enough to err on the side of caution, rather than risk falling flat on my face.

[Nicky Boy]

I too, am extremely humble.

How about you dx?

[dx100uk]

get all the usual basics done, everything will be the same right through to disclosures. if it gets that far.

the only time you may need help is if it ever gets to the WS stage.

dx

 

[lookinforinfo]

HI Hitman-good to see you back on the Forum though probably not for the reason you are here. To see if you we can help you with the PCN could you please post it up.

 Have you received a Parking Ticket - please fill this out?

By silverfox1961, February 24, 2016

[hitman126]

@lookinforinfo thanks for the kind words. Been bogged down with a house move these last few weeks and so it's been a slow process getting all my equipment in place again. Will set up the scanner shortly and should hopefully then be able to upload that PCN by close of play today.

[hitman126]

All, attached is the Claim Form received as promised.

By the way,

I went to collect my post from my previous address last night and "shock, horror", I'd been sent a new Claim (Issue Date: Dec 7th 2023) submitted by DCB Legal on behalf of Spring Parking, for some unspecified PCN(s) at "1 3 Upper Green East, Mitcham, CR4 2PE".

I must say this didn't come as much of a surprise to me, as I was expecting they'd stoop this low to seek revenge over their previous shambolic court claim.

I'll start another thread for this new claim.

claim_form_edited.pdf

[Nicky Boy]

Hitman, not been mentioned yet... Have you done AOS on this one?

(You've redacted part of the issue date on the claimform, so don't know if you're in time).

[hitman126]

@Nicky Boy yes, did the AoS through the MoneyClaim portal on Friday 8th Dec.

[FTMDave]

We too had been expecting Spring Parking to try again.  Yes, please start a new thread.

What is a little worrying is that you haven't informed the people you're in legal dispute with about your move.  Are you able to get post from the old home extremely regularly?  You know there are strict deadlines to defend court claims and if you miss one you'll end up with a backdoor CCJ. 

[hitman126]

@FTMDave yes, I did actually update my details on MoneyClaim with the new address when submitting the AoS so let's see how that pans out.

Fortunately, I do still have the keys to my last address so able to access any mail sent there.

In the meantime, I'll upload all letters and 'threats' received regarding this particular Claim here later today.

[Nicky Boy]

Update V5, driving licence, etc, etc.

[hitman126]

@Nicky Boy yes the DVLA have been notified of my house move and by some coincidence, I actually received my replacement driving licence (with new address) through the post just this afternoon.

I finally got round to doing the required due diligence of scanning into jpeg file format, converting to pdf, merging and compressing all documents received in relation to the Claim and will now upload the lot

. If I've missed anything please don't hesitate to bring to my attention.

Otherwise, my sleeves are rolled up and I'm all set to resume battle again with those parasites, emboldened by all the usual wonderful support on here. 

Uploaded PCN documents

parked_incorrectly_within_bay_markings_2023-12-15.pdf

[FTMDave]

Well, where to start?

The date of the PCN is 31/05 and the date of the PCN is also 03/06.  Well which is it?

The photo doesn't seem to show the vehicle being parked badly.

Even if it was, that was at 14:41:29.  There is no indication of how long it was there, you could easily have moved it during the consideration period.

Did UKPC leave a windscreen ticket or claim to have left a windscreen ticket?

Also remember you have to inform the DVLA, separately from the driving licence, of the new address for any vehicle you own.

 

[hitman126]

@FTMDave you're a genius !!

Good grief, I never even spotted that schoolboy error by UKPC.

 

@FTMDave by the way, in answer to your other question, no there was no ticket left on my windscreen and neither did they make any claim to have done so. I only got to know when I received the usual PCN "junk mail" through my letterbox.

[dx100uk]

dont forget vehicle v5c updating....

 

go get the additional images from ukpc website .

dx

[hitman126]

Hmmm, that's an interesting one @dx100uk

I traded in my old vehicle at a car dealership with a replacement which has me down as the registered keeper. As far as the old car is concerned though, I handed the V5C over to the dealership during the trade-in. Is there any further action required though from me, as I've assumed all along that the dealership had dealt with it?  

[dx100uk]

then forget the v5c question...twas just a reminder to make sure your cars are regid=stered at your new address as dvla does not do the cars with a driving licence update. they are sep entities .

go get those extra images

dx

 

[Nicky Boy]

I'm pretty sure there's one section of the v5 you need to deal with yourself.

[dx100uk]

there is but its immaterial as the car in question was sold after the pcn was issued.

PPC's cannot and do not recheck with dvla before issuing court claims, though their sols should under the pre action protocol show due diligence in checking addresses before issuing a letter of claim or sending a request to raise a court claim to northants bulk

the whole idea of PAP being introduced was to stop the vast number of backdoor CCJ's. it didn't work....

dx

 

 

[lookinforinfo]

Your PCN does not comply with PoFA.

Schedule 4 S9 [2][a] states The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

There is no period of parking mentioned. Yes it does say you were photographed at 14.41pm but nothing about how long the car was parked for. One minute? Five minutes? You could have left shortly after that and not been liable.

Perhaps there are other photos giving later times but the PCN does not mention a parking period so the PCN fails.  And even if the photos have times on them, they are not on the Notice as required by the Act.

And on Schedule 4 S9 [2] [f] they have missed off the words in parentheses on the PCN which should say "

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

A few months back we had a member that won his case on just [2][f] alone  [because he wasn't the driver ] and their PCN was missing the words in brackets.

So the liability for paying the claimed amount cannot be transferred from the driver to the keeper. And of course thousands of drivers could have driven your car that day.

 

Then if we move on to the Final Reminder this opens up a whole new can of worms. This is dated 14 days after the original PCN and says that as 14 days have expired without payment or any representations made they can pursue you the keeper. Oh no they can't. [I used to be in Panto]. The keeper or driver has 28 days to make payment or appeal before they can transfer the liability from the driver to the keeper.

They then say that if after a further 14 days have passed without any communication from you they will instruct debt collectors and if you still don't pay they will issue Court proceedings against you. that will be a pretty clever trick since they are pursuing as the keeper and their PCN is non compliant. 

 

[hitman126]

Apologies all.

Been neck-deep with my house move activities and been a wee bit absent the last couple of days, hence the silence.

By the way, in terms of timelines and considering the Claim Issue Date of 21st Nov, I hope there's still a reasonable amount of time available to tackle this PCN head-on with:

1. Any immediate requests, responses, or submissions to the Claimant/DCB Legal.

2. Any immediate requests, responses, or submissions to the Court.

3. Preparation of any evidence-gathering or defence statement.

By the way, I also managed to obtain these merged additional images from the UKPC website.

 

 

UKPC Website images.pdf

[dx100uk]

defence is due friday by 4pm , which will be the std bland one in the court sticky

everything else is for later and the WS if they dont drop the claim in the meantime.

dx

 

dx