Thanks DX, standard defence with just my car reg. Will submit later next week just before deadline. Cheers

Ah ok - so removing the bits is red keeps it vague at this stage, then I hit them with the facts on the Witness Statement?

Me as the registered keeper. Definitely not admitted anything on that score 8th September I think! Does the AOS extend the deadline date?

This is my draft defence so far... The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. It is admitted that the Defendant is the recorded keeper of CAR REG NUMBER HERE. The Claimant is not in a position to state if the Defendant was the driver at the time. 2. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 3. It is denied that the Defendant entered into a contract with the Claimant. Further, it is denied that the Claimants signage is capable of creating a legally binding contract. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the recovery claimed or any recovery at all.

Sorry @Nicky Boy That's not my defence! I'm just trying to get my head around a few things, so I can put the defence together in a meaningful way. Or am I confusing that with the Witness Statement?!

Afternoon all, Just been reading a few threads to get my knowledge up to speed. Defence has to be filed by 8th Sept. Under the CPR request, I asked for: 1. The contract between UK Parking Control Limited and the landowner that assigns the right to enter into contracts with the public and make claims in their own name. 2. Proof of planning permission granted for signage etc under the Town and Country Planning Act 2007 3. Copies of the notice to driver, notice to keeper and any other correspondence from UK Parking Control Limited & DCB Legal Ltd to the defendant that they intend to rely upon in court. Their response as above was: 1. "You can't have the contract" - NO CONTRACT PROVIDED 2. "No planning permission is needed" with some completely irrelevant reason! 3. Copies of the NTK and photos taken of the reg plate. SO.....to my defence... I have the standard template, but would just like a bit of guidance on the individual points please. 1. Regarding the PCN not being POFA Compliant - I'm not clear why it isn't compliant. I get the quote in @lookinforinfo post #64 above, in that the contract is between the landowner and the driver, but what is missing from their PCN that allows them to chase the Keeper? Sorry if I've missed it - I have read SO many threads recently my head is getting a bit fried! 2. Their claim that planning permission isn't needed for signage. I think we all know this means it doesn't exist, but as with any claim, guesswork means nothing in court. At what point do I put them to proof that planning has been granted? 3. They won't provide the contract between UKPC and the landowner, so how do we get them to prove that this contract gives UKPC authority to issue PCN's? Or do we even do that? I think I'm getting to the stage where I can't see the wood for the trees - any advice appreciated guys, thank you.

I thought it odd too FTMDave. Surely plan ING permission has nothing to do with whether there is a landowner agreement? Also, how does their 'deadline' of 28th August work, considering I have already acknowledged their claim and confirmed I intend to defend all?? Anything I need to do for now (other than more reading!) Thanks

Ok Reply to CPR letter received by email from solicitors as follows. Thoughts please gang Dear BRADFORDLAD, We write in response to your recent correspondence dated 14th August 2023. For clarity, the Landowner agreement is a contract between the Landowner and our Client which permits our Client to operate the parking scheme on the land on behalf of the Landowner. Thus, our Client is authorised to issue Parking Charge Notices to any motorists that have breached the terms and conditions of parking. Planning permission is therefore not required for the signage on site. In relation to your request for a copy of the Landowner agreement, this bares no relevance on the contract between yourself and our Client. Furthermore, you are a third party, hence privity of contract applies, and a copy will not be provided at this stage. We respectfully draw your attention to our previous correspondence dated 4th July 2023 which includes the copies of the Notices to Keeper as requested. You have until 28th August to pay the outstanding balance of £262.40.   Failure to do so will result in a County Court Judgment (CCJ) being issued against you in default without further notice. This can be done via bank transfer to our designated client account: - • Account Name: DCB Legal Ltd Client Account • Sort Code: 20-24-09 • Account Number: 60964441 You must quote the correct case reference xxxxxxxxxxxx when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred. Alternatively, you can contact DCB Legal Ltd on 0203 434 0437 to make payment over the telephone or online at https://dcblegal.co.uk/response/pay-online/    Kind Regards, XXXXXXX DCB Legal Ltd Tel: 0203 434 0433 | DX 23457 Runcorn

Thanks DX, yes I've done the MCOL as "defend all", so just got the CPR request to send off. Just been down to the carpark and I THINK I can see which camera is likely to have been used, and that particular carpark is one way in/out, so I won't pursue the "I was only passing through" avenue of defence! Will send it with just the 3 points as per post #57. Many thanks BL

Wish the same could be said on my other PCN thread!

Which Court have you received the claim from ? MCOL Northampton N1 Name of the Claimant : UK PARKING CONTROL LIMITED Claimants Solicitors: DCB LEGAL LTD Date of issue – 09 AUG 2023 Date for AOS - 27TH AUGUST 2023 Date to submit Defence - FRIDAY 8TH SEPTEMBER What is the claim for – 1. The defendant (D) is indebted to the claimant (C) for a Parking Charge(s) issued to vehicle XXXX XXX at Junction Street Retail Park, Junction Street, Leeds, LS10 1ET. 2. The PCN details are 06/01/22, xxxxxxxxxxxxx 3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on C's signs (the Contract), thus incurring the PCN(s)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. AND THE CLAIMANT CLAIMS: 1. £170 being the total of the PCN(s) and damages. 2. Interest at the rate of 8% per annum pursuant to 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 value of the claim? Amount Claimed £177.40 court fees £35.00 legal rep fees £50.00 Total Amount £262.40 Have you moved since the issuance of the PCN? NO Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? YES - 14th June 2023. I sent a snotty letter (email). Their Letter didn't include an I&E, it referred me to their website to complete it there. Cheers Just preparing the letter to solicitors. Given there is a choice of several parking signs in their carpark, should I request images of the signs they are referring to (the contract), or should I keep that to myself for now? They did include images of SOME of the signs (the ones with the small print terms) in their reply to my snotty letter so am I just being pedantic? Also, am I able to ask them for the location of the ANPR camera(s) that captured the number plate on entry/exit? So far all I have requested is: 1. The contract between UK Parking Control Limited and the landowner that assigns the right to enter into contracts with the public and make claims in their own name. 2. Proof of planning permission granted for signage etc under the Town and Country Planning Act 2007 3. Copies of the notice to driver, notice to keeper and any other correspondence from UK Parking Control Limited & DCB Legal Ltd to the defendant that they intend to rely upon in court. Not sure whether to just keep it very simple for now... In the meantime I'm going down there this afternoon to take photo's of ALL the signs, and to investigate the back road out of the the retail park. Claim form.pdf

Hi all, returned from holiday to find a Claim Form waiting for me.... I've read (and continue to) other similar threads, so I think I know what I'm doing - do you want me to post the claim form here or is there no point? Cheers

Hi FTMDave, Not really - I received the attached letter on 12th July, giving me 7 days. I've included the checklist on page 3 as it made me laugh out loud. Clearly I owe them money, their checklist says I do! I ignored it obviously, then I received exactly the same letter dated 27th July, giving me...yes, 7 days. Sorry I can't be more help! Invoice 12 July.pdf

Hi DX - they actually included both photos with the email, but I had to convert them from PDF and remove the number plate, then back to PDF again. Still terrible quality, but here you go... Crown Point images-2.pdf Crown Point images-1.pdf

Yes of course DX - images attached in the PDF that was attached to their email. Will I be able to find out exactly which 2 cameras they captured the number plate with? If the car was actually parked when they were taken, then this point is irrelevant, but if they were taken on entry/exit then I have an interesting observation. As far as I remember, and as can be seen on Google Maps, there is a little used road at the rear of the retail park that leads out and away to join the main road. Surely they wouldn't be arrogant enough to think they can get away with an accusation of parking, when you could have just driven up through the park, and returned the same way shortly afterwards? I'm going to check this road tomorrow, but as I say, if the camera is pointing at the parking space then it's irrelevant. Signs on site.pdf

Exactly FTMDave. Obviously I won't reply to their email, I will wait to see what they do after 30 days....

I know, but also from Friday we will be away from home for most of July so didn't want to rely on important letters coming in the post and missing them. Anyway, no reply packwith the email. They simply attached a copy of the Notice to Keeper, and helpfully some photos of SOME of the signage in the car park.

Not ideal I know, but it's a brand new one I created just for this debt. At least I get a "delivery receipt" so I know when it's arrived, and I can get "read receipts" too if necessary.

Yes, I was away from home so no access to laptop etc.

Well, I sent the snotty letter by email and received a reply today as follows. I love their assumption that because the vehicle was "on site" that it was parked...! I might pop down tonight to see if I can spot their ANPR cameras (during opening hours of course!!) and take photos of each sign on the way in, and around the area. I also have another theory.... I believe there is a through road that leads up & out of the retail park back onto the main road. Depending on the location of their camera, surely there's the possibility that the vehicle drove into the retail park, went straight out on the back road, parked well away from their "territory", then came back through the park on the way out? I guess there's a chance another camera would have recorded the vehicle leaving by this back road, so may be best not to pursue that avenue? here's todays email.... What now guys? Ignore until they decide to take further action? Thanks as always Dear BRADFORDLAD, We write in response to your email dated 30th June 2023. We note that you state our claim has no basis and that you have experienced harassment in relation to this claim. Pursuing a legally owed debt is not harassment. You may wish to seek independent legal advice in this regard. Our client pursuing this matter through the Small Claims Court is the correct course of action. The terms and conditions on the signs stated that parking was not permitted for vehicles parked out of hours. As stipulated on the signs this includes "no parking between the hours of 8:30pm and 8:30am". Your vehicle was on site between the hours 8:30pm and 8:30am, as seen in the images of the vehicle attached, therefore, the Parking Charge Notice was issues correctly. The Notice to Keeper was issued to you on 11th January 2023. A copy is attached. You were afforded the opportunity to; appeal the parking charge, transfer liability to the driver (if it was not you) or make payment. Neither a successful appeal, nor an adequate nomination were received, yet payment remains outstanding. The Reminder Notice was issued to you on 25th January 2023. A copy is attached. This notice reiterated that payment was outstanding and confirmed that legal action may be taken, and additional costs incurred if the parking charge was not paid. The matter has now progressed to this firm for recovery action, as all previous attempts to recover the charge have been unsuccessful. You have 30 days from the date of this letter to pay the outstanding balance of £170.00. Failure to do so will result in a claim being issued against you without further notice. Payment can be made via bank transfer to our designated client account: - Account Name: DCB Legal Ltd Client Account Sort Code: 20-24-09 Account Number: 60964441 You must quote the correct case reference (beginning ‘1’) when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred. Alternatively, you can contact DCB Legal Ltd on 0203 434 0437 to make payment over the telephone or online at https://dcblegal.co.uk/response/pay-online/ Kind Regards, xxxxxxxxxxxx Paralegal DCB Legal Ltd

Snotty letter sent. I added a bit more just to fill the page... Thanks for your letter dated 14th June headed “Letter of Claim”. Now that I’ve stopped laughing at your pathetically veiled threats, I simply wanted to clarify that I have no intention of paying the sum mentioned in the letter. Do people really still fall for these “bully boy” tactics? I’m not wasting any more of my time playing silly games with your client. I will not respond to any more of your harassment letters unless you decide you want to waste the Courts valuable time too? I am fully aware your claim has no basis in law, please do some research - I am not going to point out the glaring mistakes in this “claim”, you are apparently a law firm – I would suggest you read the correspondence sent out by your client, and see if you’re able to spot them. Here’s a clue – there are several….. You claim to be a law firm yet are happy to churn out this rubbish without actually reviewing the “evidence” first. Still, I guess you’re happy to do that as you’ll still be billing them no doubt. I’m not angry. I’m disappointed. You’ve let your client down, you’ve let the legal system down, but most of all - you’ve let yourself down.

Thanks Nicky Boy - I know it's only short, but I think I laid down the challenge well enough! "Try me...."

Just bumping this up guys - is my snotty letter ok to send? Thanks!

Not snotty enough Nicky Boy?! lol! I did consider adding one final sentence after "...learn a thing or two", but decided "Kn*bhead." might not go down well in court!

Redacted copy of the Letter of Claim attached... letter of claim.pdf