Free Traffic Legal Advice

Signs on the site. Note they do not refer to no parking in bays/open spaces across the site. I am skeptical as to whether the parking demonstrated once in bay and twice on open spaces fall into "roadways" "access road" definition.

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PCN - 4/5/24



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PCN 30/4/24

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Why was the vehicle parked there for three different dates? Are you, the Keeper, a resident? If so, what does your lease say about parking?

With an issue date of 18th July, you have until 4pm on Wednesday 6th August March to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Monday 20th August to submit your defence.

If you want to submit an AoS then follow the instructions in this linked PDF:

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

As this is has detailed Particulars of Claim (PoC), it will need a different defence to the ones we usually provide. Before we can advise, we need to know the reason for the vehicle being at the location. Were these Parking Charge Notices (PCNs) ever appealed? If so, what was put in the appeals?

Was the claim issued through MCOL with an N1SDT Claim Form and then further PoC sent within 14 days for the claim being issued?

In the response pack came a

- admission form N9A
- defence and counterclaim form N9B
- acknowledgement of service

I cannot see any reference to any other forms.

You have a strong defence and are not “toast” at all. Below is a clear summary of the key points in your favour:

You are a resident and your lease gives you rights in relation to parking. The lease takes legal priority over any signs put up later. There is nothing in your lease granting UKCPM any enforcement powers or the right to override your rights as a resident.

The signage is vague, with small print and unclear wording. It refers to “access roads” and “roadways”, but you were parked in an open space which is not defined on the signs. The signs do not clearly explain the terms, so no binding contract can be formed.

The PCNs all list the wrong postcode (W4 5SA), which does not exist. The actual address is W4 5BB. That mistake brings into question the accuracy and enforceability of the notices, and creates uncertainty about where the alleged breach happened.

All three PCNs are non-compliant with the Protection of Freedoms Act 2012. They do not specify a “period of parking” as required under paragraph 9(2)(a). Instead, they only show a single timestamp, which is not sufficient. This point was confirmed in Brennan v PPS (2024), where the court held that without a defined period, keeper liability cannot arise. Since you have not admitted to being or identified the driver, UKCPM cannot hold you liable as keeper.

The £510 claimed includes £210 in added “debt recovery costs”, which are not enforceable in small claims and are often struck out as an abuse of process. The courts have criticised these false additions in recent cases.

You were parked as a resident to access your building, and there is currently no designated parking at the site. You were not a trespasser or unauthorised visitor.

If you want assistance, then I suggest you post all the documents you are relying on in Google Drive (suitably redacted of personal info) and make it "public". Once that is done, we can review them.

^^^