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#Post#: 116842--------------------------------------------------
UKPC -DCBL - B11 Birmingham Court Claim
DIR By: Fazzy
Date: April 23, 2026, 5:40 pm
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Hi all,
I'm helping my sister who is the registered keeper and has
received the court claim. I thought I had posted the initial PCN
previously but I cant find that post anywhere.
Driver and a passenger were driving in this spot when driver
felt ill so the driver/passenger switched. This took 1min 39
seconds according to the PCN.
The original PCN and appeal rejection along with claim forms are
all on here:
HTML https://www.dropbox.com/scl/fi/5ckb6eg15n2w65og3jise/BirminghamClaim_redacted.pdf?rlkey=s8eucra9hhqqgesvd4788262j&st=jlpa0s4i&dl=0
The original appeal was as below. We didnt bother with POPLA.
_______________________________________________________________________________________________
I dispute your ‘parking charge’ as the registered keeper of the
vehicle. I deny any liability or contractual agreement, and I
will be making a formal complaint about your predatory conduct
to your client, the landowner.
There will be no admissions as to who was driving, and no
assumptions can be drawn. Your PCN appears to be a vague
template. I therefore require a full explanation of the
allegation, together with your evidence. This must include:
A close-up, dated photograph of the specific sign you contend
was displayed at the location on the material date.
All images and/or video footage of the vehicle relied upon.
If the allegation involves an alleged overstay, your evidence
must also include the actual grace period agreed with the
landowner.
For your information, the driver briefly stopped due to feeling
unwell, and the passenger resumed driving shortly afterwards,
which is evident from your own images/video.
Please cancel this PCN promptly or I will be happy to take the
matter to court.
I look forward to your prompt response
___________________________________________________________________________________________
Date of Issue is 20/04/2026
I will do the acknowledgement on the 26th April and I'd like to
get the defence prepared and ready for my sister as I will be
away from 15th May for 2 weeks.
I'm reading my way through the template defence post and will
start typing up. Any case specific advice will be greatly
appreciated.
#Post#: 116857--------------------------------------------------
Re: UKPC -DCBL - B11 Birmingham Court Claim
DIR By: Dave65
Date: April 24, 2026, 4:00 am
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Can you show the back of the PPN?
If it is Dock area it may well be covered by bylaws.
Also, lastly from one of the best previous posters it was said
that do not pay UKPC a penny they will most likely discontinue
the claim before paying the court fee.
#Post#: 116871--------------------------------------------------
Re: UKPC -DCBL - B11 Birmingham Court Claim
DIR By: Fazzy
Date: April 24, 2026, 5:51 am
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Thank you.
Here's the back :
HTML https://ibb.co/XZMkNwdM
#Post#: 116877--------------------------------------------------
Re: UKPC -DCBL - B11 Birmingham Court Claim
DIR By: jfollows
Date: April 24, 2026, 7:32 am
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Could be under the Canal and River Trust, for example.
#Post#: 116887--------------------------------------------------
Re: UKPC -DCBL - B11 Birmingham Court Claim
DIR By: Fazzy
Date: April 24, 2026, 8:54 am
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Google says this:
Tyseley Wharf is a place on the waterways on the Grand Union
Canal (Warwick and Birmingham Canal: widened section - Main
Line) between Kingswood Junction (Junction of Grand Union and
Stratford upon Avon Canals) (11 miles and 6¼ furlongs and 5
locks to the southeast) and Camp Hill Top Lock Winding Hole
(Services no longer available) (2 miles and 2¾ furlongs to the
west).
The nearest place in the direction of Kingswood Junction is
Stockfield Road Bridge No 87; 1¾ furlongs away.
The nearest place in the direction of Camp Hill Top Lock Winding
Hole is Kings Road Footbridge No 88A; 3¼ furlongs away.
There is access (suitable for wheels) to the towpath here.
Mooring here is tolerable (it's just about possible if really
necessary). The short wharf is just-about suitable to tie-up a
narrowboat for a visit.
#Post#: 116888--------------------------------------------------
Re: UKPC -DCBL - B11 Birmingham Court Claim
DIR By: Fazzy
Date: April 24, 2026, 8:55 am
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HTML https://maps.app.goo.gl/M4tUhaqoD5gknxDw8?g_st=aw
This is the google map view of where they were stopped.
#Post#: 117060--------------------------------------------------
Re: UKPC -DCBL - B11 Birmingham Court Claim
DIR By: Fazzy
Date: April 26, 2026, 3:19 pm
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Is there any other way of confirming if its byelaw applicable
here? As I'm guessing my defence would need to be different if
it is? I have just done the AOS and will start drafting the
defence copy and paste jobs.
#Post#: 117079--------------------------------------------------
Re: UKPC -DCBL - B11 Birmingham Court Claim
DIR By: Dave65
Date: April 27, 2026, 3:53 am
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Do some searching online google etc for "Tyseley Wharf"
#Post#: 117096--------------------------------------------------
Re: UKPC -DCBL - B11 Birmingham Court Claim
DIR By: Fazzy
Date: April 27, 2026, 5:44 am
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After reading all the google pages, to the best of my ability
(which is limited in terms of parking laws), I will say this is
a private industrial land and not subject to any byelaws.
Chatgpt has typed up the below defence using the template from
newbies. Please can anyone look over and let me know if this is
good to post or should I copy and paste the original template
instead?
DEFENCE
1.
The Claimant’s sparse case lacks specificity and does not comply
with CPR 16.4, 16PD3 or 16PD7, failing to state all facts
necessary to formulate a complete cause of action.
Further, the Claimant has improperly added a false 'fee' or
damages to the original Parking Charge. This sum is not legally
recoverable and constitutes an attempt at double recovery, which
is unreasonable conduct under CPR 27.14(2)(g).
The binding Supreme Court judgment in ParkingEye Ltd v Beavis
[2015] UKSC 67 confirmed that a parking charge already includes
the costs of enforcement. Any additional sums are therefore
unrecoverable. The court is invited to strike out the claim
pursuant to CPR 3.4.
________________________________________
2.
The allegation is vague and liability is denied in full. The
Defendant admits only to being the registered keeper of the
vehicle.
The Defendant was not the driver at the material time and the
Claimant is put to strict proof of the driver’s identity. The
Defendant is under no obligation to name the driver.
________________________________________
3. No Keeper Liability
The Claimant has failed to comply with the strict requirements
of Schedule 4 of the Protection of Freedoms Act 2012.
The Notice to Keeper is non-compliant and fails to establish
keeper liability. Accordingly, the Claimant cannot transfer
liability from the unknown driver to the Defendant.
In the absence of full compliance with POFA, the claim against
the registered keeper must fail.
________________________________________
4. The Facts – No Parking Event / Medical Necessity
The Defendant understands that the vehicle was stopped for
approximately 1 minute and 39 seconds only.
This was not “parking” but a brief stop due to the driver
feeling unwell, requiring the passenger to take over driving for
safety reasons.
The Claimant’s own photographic evidence shows the driver’s door
open, supporting that this was a transient, emergency-related
stop rather than a parked vehicle.
Such a situation amounts to:
•
•
contractual breach
No reasonable parking operator could interpret this as
acceptance of parking terms.
________________________________________
5. No Contract Formed / Inadequate Signage
It is denied that any contract was formed.
A contract requires offer, acceptance and consideration. A
driver who stops briefly due to illness cannot be said to have
read, understood, and accepted contractual terms.
The signage is put to strict proof of:
•
•
•
The Consumer Rights Act 2015 requires fairness and transparency.
Any alleged terms in this case fail that test.
________________________________________
6. No Legitimate Interest – Distinguished from Beavis
The Claimant cannot rely on ParkingEye v Beavis.
In that case, a clear overstay in a retail car park created a
legitimate interest.
Here:
•
•
•
This is a trivial, unavoidable event, not misuse of parking
facilities.
Any charge in these circumstances is punitive and
unconscionable.
________________________________________
7. Lack of Landowner Authority
The Claimant is put to strict proof of full landowner authority
to:
•
•
This must include a contemporaneous contract and defined site
boundaries.
________________________________________
8. Abuse of Process – Inflated Claim
The added costs are unrecoverable and constitute double
recovery.
The court is invited to strike out or disallow these sums.
________________________________________
9. POFA – Maximum Sum Exceeded
Pursuant to Schedule 4 of the Protection of Freedoms Act 2012,
the claim exceeds the maximum recoverable sum.
The Claimant is not entitled to recover more than the original
parking charge.
________________________________________
10. Conclusion
The Claimant has failed to establish:
•
•
•
•
The claim is without merit and should be dismissed.
#Post#: 117844--------------------------------------------------
Re: UKPC -DCBL - B11 Birmingham Court Claim
DIR By: Fazzy
Date: May 5, 2026, 3:14 pm
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Any advice before I lodge the defence? Should I instead copy and
paste the template one?
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