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#Post#: 49029--------------------------------------------------
UK Parking Control Limited & DCB Legal LTD – Not Parked
Correctly Within The Markings of The Bay Or Space – Beckton Tria
DIR By: correcthaunt
Date: December 9, 2024, 9:04 am
---------------------------------------------------------
UK Parking Control Limited & DCB Legal LTD – Not Parked
Correctly Within The Markings of The Bay Or Space – Beckton
Triangle Retail Park, 5 Claps Gate Lane, London, E6 6LG
Hi all & [member=26]b789[/member],
I hope you are well and thank you for taking the time to look
into this for me.
[member=26]b789[/member] – I am tagging you here as I saw your
response on another post dealing with something similar and I
would appreciate your input.
Summary
I just received (09.12.2024) a claim form issued 05.12.2024 from
UK Parking Control Limited issued by DCB Legal LTD.
The reason: Not Parked Correctly Within the Markings of The Bay
or Space.
They claim an absurd amount of £259.88 in a free carpark, broken
down as such;
• Amount Claimed £174.88
• Court Fee £35.00
• Solicitor Costs £50.00
I believe I need to respond to the “Acknowledgment of Service”
by no later than 24th of December 2024 if my understanding is
correct. I think there is also an option to extend this by 28
days.
The situation
The driver went to the B&M in Beckton Triangle Retail Park. The
supermarket tends to be busy and from experience the driver knew
not to park there and instead park in front of Harveys Furniture
Beckton. Harveys Furniture Beckton never has any
customers/lights on and the car park in front of it is basically
empty. According to the following website the store is closed:
HTML https://foursquare.com/v/harveys/5bfda1d7dbde11002506c8ce
Here is the layout of the carpark, where the car was parked and
some google images to show the business of the car park as per
google. There are no pictures from the day. Happy to go back
there should more pictures be required.
Bird’s View of the car park with where the car was parked:
HTML https://i.postimg.cc/Ny0Sywcr/Bird-s-View.jpg
HTML https://postimg.cc/Ny0Sywcr
Link to that location:
HTML https://www.google.com/maps/@51.5225563,0.0696586,109m/data=!3m1!1e3?entry=ttu&g_ep=EgoyMDI0MTIwNC4wIKXMDSoASAFQAw%3D%3D
Good representation of what the car park tends to look like i.e.
B&M side busy and Harveys side empty(ier):
HTML https://i.postimg.cc/BXGzTF33/Good-representation-1.png
HTML https://postimg.cc/BXGzTF33
HTML https://i.postimg.cc/G4LSN19S/Good-representation-2.png
HTML https://postimg.cc/G4LSN19S
HTML https://www.google.com/maps/@51.5223471,0.0697806,3a,87.4y,338.78h,87.41t/data=!3m7!1e1!3m5!1st3Nt6x_YtkXo8cMbRMW3Rw!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D2.593455110269119%26panoid%3Dt3Nt6x_YtkXo8cMbRMW3Rw%26yaw%3D338.7831079553184!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI0MTIwNC4wIKXMDSoASAFQAw%3D%3D<br
/>
The driver spent approximately 45min to 1h in B&M and left the
car park.
It’s also worth noting that I, the registered keeper, spend half
my time in one address in Bristol (where the car is registered
to) and other half in a London address.
On the 12th of July, I, the registered keeper was notified by
other households of the Bristol address of receiving some mail
while I was in London (due to work, and other events). After
which I drove to Europe and didn’t return back to the UK until
mid-August. Now that PCN was seen mid/late August, past the
discounted time-period. Here is the PCN:
HTML https://i.postimg.cc/0K7Bgkph/PCN-picture.png
HTML https://postimg.cc/0K7Bgkph
Shortly after the registered keeper's return, I got the Final
Reminder (even though nothing else has been sent since the above
PCN):
HTML https://i.postimg.cc/gXX7Dqrz/DCBL-Final-Reminder.png
HTML https://postimg.cc/gXX7Dqrz
And then at the beginning of November I got this Letter of
Claim:
HTML https://i.postimg.cc/8J20nJrh/DCB-Letter-of-Claim.png
HTML https://postimg.cc/8J20nJrh
Followed by the letter from the Tribunal – see attached the
scanned PDF file named “Edited Copy-redacted”
I would like to contest this however before I submit anything, I
wanted to check with the forum first.
My questions:
1. Can anyone let me know what’s the best course of action?
2. I understand that my response will be back to the claimant
who then decides if they accept my offer or goes to the court.
As I am willing to give them £0 then I can imagine this would go
to the court. Is it true that I need to pay a court fee of £303
to defend myself?
3. Any other advice is highly appreciated.
[attachment deleted by admin]
#Post#: 49039--------------------------------------------------
Re: UK Parking Control Limited & DCB Legal LTD – Not Parked
Correctly Within The Markings of The Bay Or Space – Beckton
DIR By: b789
Date: December 9, 2024, 9:28 am
---------------------------------------------------------
You should show us the Particulars of Claim (PoC) on the N1SDT
Claim Form. However, if you follow our advice, nothing will come
of this a they will discontinue some time next year.
With an issue date of 5th December, you have until Tuesday 24th
December to submit your Acknowledgement of Service (AoS). There
is no advantage in delaying the AoS but having submitted it, you
then have until 4pm on Tuesday 7th January 2025 to submit your
defence.
For now, follow the instructions in this PDF on how to submit
the AoS:
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
When you've done that, give us a reminder in a few days so that
we can put your defence together.
#Post#: 49040--------------------------------------------------
Re: UK Parking Control Limited & DCB Legal LTD – Not Parked
Correctly Within The Markings of The Bay Or Space – Beckton
DIR By: correcthaunt
Date: December 9, 2024, 9:32 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> You should show us the Particulars of Claim (PoC) on the N1SDT
Claim Form. However, if you follow our advice, nothing will come
of this a they will discontinue some time next year.
>
> With an issue date of 5th December, you have until Tuesday
24th December to submit your Acknowledgement of Service (AoS).
There is no advantage in delaying the AoS but having submitted
it, you then have until 4pm on Tuesday 7th January 2025 to
submit your defence.
>
> For now, follow the instructions in this PDF on how to submit
the AoS:
>
>
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
>
> When you've done that, give us a reminder in a few days so
that we can put your defence together.
>
--- End Quote ---
Hi b789,
Thank you for your prompt response.
Are you after this?
HTML https://i.postimg.cc/NLfz0tQ8/Claim-Form.png
HTML https://postimg.cc/NLfz0tQ8
This is the first page of the PDF in the original post.
I am doing the AoS now.
#Post#: 49044--------------------------------------------------
Re: UK Parking Control Limited & DCB Legal LTD – Not Parked
Correctly Within The Markings of The Bay Or Space – Beckton
DIR By: b789
Date: December 9, 2024, 9:43 am
---------------------------------------------------------
Yes, I missed that. You will also note one of the errors in
their Particulars of Claim (PoC). The state that the PCN was
issued on 7/7/2024 when in fact it was "issued" on 9/7/2024.
Just one of their typical failures to do their homework. A
Notice to Keeper (NtK) PCN cannot be "issued" o the same day as
the alleged contravention because the operator has to apply to
the DVL for the Keepers data.
It's just one point of several that will be used for the
defence.
#Post#: 49048--------------------------------------------------
Re: UK Parking Control Limited & DCB Legal LTD – Not Parked
Correctly Within The Markings of The Bay Or Space – Beckton
DIR By: correcthaunt
Date: December 9, 2024, 9:54 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Yes, I missed that. You will also note one of the errors in
their Particulars of Claim (PoC). The state that the PCN was
issued on 7/7/2024 when in fact it was "issued" on 9/7/2024.
Just one of their typical failures to do their homework. A
Notice to Keeper (NtK) PCN cannot be "issued" o the same day as
the alleged contravention because the operator has to apply to
the DVL for the Keepers data.
>
> It's just one point of several that will be used for the
defence.
>
--- End Quote ---
No worries, and once again thank you for your help on this.
I can confirm that the AoS was now submitted:
HTML https://i.postimg.cc/bZDBx95m/Acknowledgment-of-service-edited.png
HTML https://postimg.cc/bZDBx95m
HTML https://i.postimg.cc/KRYVz2DS/MCOL-website.png
HTML https://postimg.cc/KRYVz2DS
COuld you tell me what are the next steps/timelines?
#Post#: 49054--------------------------------------------------
Re: UK Parking Control Limited & DCB Legal LTD – Not Parked
Correctly Within The Markings of The Bay Or Space – Beckton
DIR By: b789
Date: December 9, 2024, 10:13 am
---------------------------------------------------------
You will submit your defence (and a draft order to go with it).
This will then be sent to DCB Legal for their review. They will
respond by letter to you saying that their client has reviewed
the defence and intends to proceed with the claim. They usually
include a copy of their N180 Directions Questionnaire (DQ) which
you can simply file away.
You will receive your own DQ and you will have to complete it
and send it to both the court and DCB Legal. After that you will
receive a date for a mediation phone call. You are required to
"attend" the call but it is not part of the actual judicial
process and does not involve any judge or solicitor. It is a
complete waste of time in cases like this and you simply offer
£0 and I tis over in minutes and has no bearing on the process.
Eventually the case will be allocated to your local county court
and you'll receive a date for a hearing if the claim hasn't
already been struck out. The claimant has to pay the £27 trial
fee around a month before the hearing. They will discontinue
before having to pay that fee.
If they don't and you are the only one out of thousands I will
have seen that has to go all the way to a hearing, you'd have to
make your Witness Statement and send it to the court no later
than (usually) 14 days before the hearing.
However, this case is 99% likely to be discontinued.
#Post#: 49057--------------------------------------------------
Re: UK Parking Control Limited & DCB Legal LTD – Not Parked
Correctly Within The Markings of The Bay Or Space – Beckton
DIR By: correcthaunt
Date: December 9, 2024, 10:25 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> You will submit your defence (and a draft order to go with
it). This will then be sent to DCB Legal for their review. They
will respond by letter to you saying that their client has
reviewed the defence and intends to proceed with the claim. They
usually include a copy of their N180 Directions Questionnaire
(DQ) which you can simply file away.
>
> You will receive your own DQ and you will have to complete it
and send it to both the court and DCB Legal. After that you will
receive a date for a mediation phone call. You are required to
"attend" the call but it is not part of the actual judicial
process and does not involve any judge or solicitor. It is a
complete waste of time in cases like this and you simply offer
£0 and I tis over in minutes and has no bearing on the process.
>
> Eventually the case will be allocated to your local county
court and you'll receive a date for a hearing if the claim
hasn't already been struck out. The claimant has to pay the £27
trial fee around a month before the hearing. They will
discontinue before having to pay that fee.
>
> If they don't and you are the only one out of thousands I will
have seen that has to go all the way to a hearing, you'd have to
make your Witness Statement and send it to the court no later
than (usually) 14 days before the hearing.
>
> However, this case is 99% likely to be discontinued.
>
--- End Quote ---
Got it and to be crystal clear, you will kindly help me with my
defence and it will be sent via an e-mail?
#Post#: 49058--------------------------------------------------
Re: UK Parking Control Limited & DCB Legal LTD – Not Parked
Correctly Within The Markings of The Bay Or Space – Beckton
DIR By: b789
Date: December 9, 2024, 10:26 am
---------------------------------------------------------
Of course. It's what we do!
#Post#: 49061--------------------------------------------------
Re: UK Parking Control Limited & DCB Legal LTD – Not Parked
Correctly Within The Markings of The Bay Or Space – Beckton
DIR By: b789
Date: December 9, 2024, 10:33 am
---------------------------------------------------------
Here is your defence and a link to the draft order that goes
with it. You only need to edit your full name, the claim number
and to sign the defence by typing your full name for the
signature and dating it. There is nothing to edit in the draft
order. When you've done that, you should save both documents as
PDF files and attach them to an email addressed to
claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim
number must be in the email subject field and in the body of the
email just put: "Please find attached the defence and draft
order in the matter of UK Parking Control Ltd v [your full name]
Claim No.: [claim number]".
--- Quote ---
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> UK Parking Control Ltd.

> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> DEFENCE[/center]
>
>
> 1. The Defendant denies any liability for this claim.
>
> 2. There is a lack of precise detail in the Particulars of
Claim (PoC) in respect of the factual and legal allegations made
against the Defendant such that the PoC do not comply with CPR
16.4.
>
> 3. The Defendant is unable to plead properly to the PoC
because:
>
> [indent](a) The contract referred to is not detailed or
attached to the PoC in accordance with CPR PD 16(7.5);
>
> (b) The PoC do not state the exact wording of the clause (or
clauses) of the terms and conditions of the contract (or
contracts) which is/are relied on;
>
> (c) The PoC do not state with sufficient particularity exactly
where the breach occurred, the exact time when the breach
occurred and how long it is alleged that the vehicle was parked
before the parking charge was allegedly incurred;
>
> (d) The PoC do not state exactly how the claim for statutory
interest is calculated;
>
> (e) The PoC do not state what proportion of the claim is the
parking charge and what proportion is damages;
>
> (f) The PoC states that the Claimant is suing the defendant as
the driver or the keeper. The claimant obviously knows whether
the defendant is being sued as the driver or the keeper and
should not be permitted to plead alternative causes of
action.[/indent]
>
> 4. The Defendant has attached to this defence a copy of an
order made at another court which the allocating judge ought to
make at this stage so that the Defendant can then know and
understand the case which he/she/it faces and can then respond
properly to the claim.
>
> Statement of truth
>
> I believe that the facts stated in this Defence are true. I
understand that proceedings for contempt of court may be brought
against anyone who makes, or causes to be made, a false
statement in a document verified by a statement of truth without
an honest belief in its truth.
>
> Signed:
>
>
> Date:
--- End Quote ---
Draft Order for the defence
HTML https://www.dropbox.com/scl/fi/gmpkg6f843yga1sw1iwdo/short-defence-order.docx?rlkey=ppd7dwlale9j25111548n2e1j&st=orkat6rg&dl=0
You may want to delay sending it until nearer the deadline so as
to leave it all to early in the new year. Enjoy the holiday
season without having to deal with these time wasters.
#Post#: 50045--------------------------------------------------
Re: UK Parking Control Limited & DCB Legal LTD – Not Parked
Correctly Within The Markings of The Bay Or Space – Beckton
DIR By: correcthaunt
Date: December 16, 2024, 4:23 am
---------------------------------------------------------
Hi b789,
I can confirm that both Defence & Defence Order were sent to
claimresponses.cnbc@justice.gov.uk with a subject line including
the case reference.
I changed these things as per your post:
1. Defendant's full name
2. Claim number
3. Signed the defence by typing defendant's full name for the
signature
4. Dated it
HTML https://i.postimg.cc/mPjJ06vy/Defence-submitted.png
HTML https://postimg.cc/mPjJ06vy
I got an autoreplay but it has no reference number.
HTML https://i.postimg.cc/QBMwsJsG/Auto-response.png
HTML https://postimg.cc/QBMwsJsG
Says it will take 10 days to update so I will keep checking the
online portal to see if they made any updates there.
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