Author Topic: UK Parking Control PCN - advice needed please  (Read 1622 times)

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UK Parking Control PCN - advice needed please
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Hello and thanks in advance for all advice.

on 30/4/25 the vehicle parked at the Bridge Retail Park in Torquay, and suffered a mechanical issue. The driver had to await assistance, the issue was resolved and the driver left the car park. The registered keeper received a letter from UK Parking Control Ltd dated 7/5/25 stating that the vehicle had been on the premises for 34 minutes longer than the allowed maximum time, and that a £100 charge was due, reduced to £60 if paid in 14 days (see scan pages 1 and 2). A further letter was received approximately 2 weeks later but was not opened, was not read and is now lost. The attached letters dated 4th and 12th of June were then received stating that £170 is now due and if not paid the case will escalate with further costs (3rd attached letter has identical 2nd side to the 2nd attached letter).
The registered keeper believes that the letters received do not constitute a legitimate invoice for parking charges as they are not appropriately detailed and specify varying amounts owing. However, the RK is concerned that the case may escalate to court and wishes to avoid this. No contact has been made with UKPC.
I would value any advice to deal with this matter in a timely fashion and avoid further escalation or paying the escalated costs; ideally a solution which prevents any payment being necessary.
I do not have a picture of the parking signs but they are visible on the Streetview from 2022. Location is here:
https://maps.app.goo.gl/Yx3cKMhkxMqXUUJUA
Many thanks


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Re: UK Parking Control PCN - advice needed please
« Reply #1 on: »
Only 2 options now: pay, or wait for them to issue a court claim. The latter will almost certainly be easily defended with help from here.
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Re: UK Parking Control PCN - advice needed please
« Reply #2 on: »
If you follow the advice here, you will not pay a penny to UKPC. However, it is a protracted process. As it is too late appeal and you have started to receive debt recovery letters, you will have to wait for UKPC to issue a claim which will come from their bulk litigator of choice, DCB Legal.

You can safely ignore all the debt collector letters with their fake add-on £70. Debt collectors are powerless to do anything except to try and persuade the low-hanging fruit on the gullible tree to pay up out of ignorance and fear.

When you receive a Letter of Claim (LoC) from DCB Legal, respond with the following by email to info@dcblegal.co.uk and also CC yourself:

Quote
Dear Sirs,

Your Letter Before Claim contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon and thus is in complete contravention of the Pre-Action Protocol for Debt Claims.

Because your letter lacks specificity and breaches the requirements of the Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2) as well as the Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)), you must treat this letter as a formal request for all of the documents/information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol.

As solicitors you must surely be familiar with the requirements of both the Practice Direction and the Pre-Action Protocol for debt claims and your client, as a serial litigator of debt claims, should likewise be aware of them. As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is embarrassing that a firm of Solicitors are sending a consumer a vague and un-evidenced 'Letter of Claim' in complete ignorance of the pre-existing Practice Direction and the Pre-Action Protocol.

I confirm that, once I am in receipt of a Letter Before Claim that complies with the requirements of para 3.1 (a) of the Pre-Action Protocol, I shall then seek advice and submit a formal response within 30 days, as required by the Protocol. Thus, I require your client to comply with its obligations by sending me the following information/documents:

1. An explanation of the cause of action
2. whether they are pursuing me as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are; for how long it is claimed the vehicle was parked, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. If the claim is for a contractual breach, photographs showing the vehicle was parked in contravention of said contract.
7. Is the claim for trespass? If so, provide details.
8. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the BPA/IPC Private Parking Single Code of Practice (PPSCoP).
9. a plan showing where any signs were displayed
10. Photographs of the signs displayed (size of sign, size of font, height at which displayed) at the time of any alleged contravention.
11. Provide details of the original charge, and detail any interest and administrative or other charges added
12. Am I to understand that the additional £70 represents what is dressed up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?
13. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13, 15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Yours faithfully,

[Your name]

You will receive an N1SDT Claim Form at some stage, at least 30 days after this. When you do, come back and we will provide the necessary advice on how to acknowledge service and we will provide a defence for submission.

In due course, the claim will either be struck out or discontinued.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: UK Parking Control PCN - advice needed please
« Reply #3 on: »
This is amazing. Thank you so much. I will return when I get the N1SDT Claim Form. Really appreciate this.
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Re: UK Parking Control PCN - advice needed please
« Reply #4 on: »
Hello

I sent the response letter to the Letter of Claim as set out below, and have not received any response or acknowledgement.

I have now received the N1SDT Claim Form. I have only just opened this as I've been away, it's dated 28th October.

I'm going to be out of the country from Monday 3rd November until 10th November. Do I need to seek an extension of some sort so that I can address this on my return, or do I need to send a response before I leave?

If you could provide me with a suitable response it would be appreciated

Thanks in advance

Re: UK Parking Control PCN - advice needed please
« Reply #5 on: »
Please show us the N1SDT Claim Form. We need to see the Particulars of claim (PoC). If the date on the form is 28th October, you have until 4pm on Monday 17th November to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Monday 1st December to submit your defence.

You only need to submit an AoS if you need extra time to prepare 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

Once you have shown us the PoC, I will give you the correct defence template to copy and paste.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: UK Parking Control PCN - advice needed please
« Reply #6 on: »
Hopefully this link works?

https://imgpile.com/p/ACYJO9x

The date is 28th October

Thank you


Re: UK Parking Control PCN - advice needed please
« Reply #7 on: »
Until very recently, we never advised using the MCOL to submit a defence. However, due to recent systemic failures within the CNBC, we feel that it is safer to now submit a short defence using MCOL as it is instantly submitted and entered into the "system". Whilst it will deny the use of some formatting or inclusion of transcripts etc. these can always be included with the Witness Statement (WS) later, if it ever progresses that far.

You will need to copy and paste it into the defence text box on MCOL. It has been checked to make sure that it will fit into the 122 lines limit.

Quote
1. The Defendant denies the claim in its entirety. The Defendant asserts that there is no liability to the Claimant and that no debt is owed. The claim is without merit and does not adequately disclose any comprehensible cause of action.

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 adequately comply with CPR 16.4.

3. The Defendant is unable to plead properly to the PoC because:

(a) The contract referred to is not detailed or attached to the PoC in accordance with PD 16, para 7.3(1);

(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 adequately set out the reason (or reasons) why the claimant asserts the defendant has breached the contract (or contracts);

(d) 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;

(e) The PoC do not state precisely how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;

(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;

(g) The PoC do not provide clarity on whether the Defendant is sued as the driver or the keeper of the vehicle, as the claimant cannot plead alternative causes of action without specificity.

4. The Defendant submits that courts have previously struck out materially similar claims of their own initiative for failure to adequately comply with CPR 16.4, particularly where the Particulars of Claim failed to specify the contractual terms relied upon or explain the alleged breach with sufficient clarity.

5. In comparable cases involving modest sums, judges have found that requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, strike-out was deemed appropriate. The Defendant submits that the same reasoning applies in this case and invites the court to adopt a similar approach by striking out the claim due to the Claimant’s failure to adequately comply with CPR 16.4, rather than permitting an amendment. The Defendant proposes that the following Order be made:

Draft Order:

Of the Court's own initiative and upon reading the particulars of claim and the defence.

AND the court being of the view that the particulars of claim do not adequately comply with CPR 16.4(1)(a) because: (a) they do not set out the exact wording of the clause (or clauses) of the terms and conditions of the contract which is (or are) relied on; and (b) they do not adequately set out the reason (or reasons) why the claimant asserts that the defendant was in breach of contract.

AND the claimant could have complied with CPR 16.4(1)(a) had it served separate detailed particulars of claim, as it could have done pursuant to PD 7C, para 5.2, but chose not to do so.

AND upon the Court determining, having regard to the overriding objective (CPR 1.1), that it would be disproportionate to direct further pleadings or to allot any further share of the Court’s resources to this claim (for example by ordering further particulars of claim and a further defence, with consequent case management).

ORDER:

1. The claim is struck out.

2. Permission to either party to apply to set aside, vary or stay this order by application on notice, which must be filed at this Court not more than 7 days after service of this order, failing which no such application may be made.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: UK Parking Control PCN - advice needed please
« Reply #8 on: »
Thank you - will get onto this right away.

Re: UK Parking Control PCN - advice needed please
« Reply #9 on: »
Hello again

I've received further correspondence from DCB Legal which states that they are going to proceed with the claim. Their email copied below. They have also attached their N180 Directions Questionnaire form (which I can upload if needed).

Are there any further steps which I need to take at this point?

Thanks as always

DCB email:

<<Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.

If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.>>

Re: UK Parking Control PCN - advice needed please
« Reply #10 on: »
All normal. You can check your MCOL history to see when your own N180 has been issued or just wait to receive it in the post. Having received your own N180 (make sure it is not simply a copy of the claimants N180) or been notified on MCOL that yours has been sent, do not use the paper form. Ignore all the other forms that came with it. you can discard those. Download your own N180 DQ here and fill it in on your computer. You sign it by simply typing your full name in the signature box.

https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf

Here are the answers to some of the less obvious questions:

• The name of the court is "Civil National Business Centre".

• To be completed by "Your full name" and you are the "Defendant".

• C1: "YES"

• D1: "NO". Reason: "I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question
.."

• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option

• F3: "1".

• Sign the form by simply typing your full name for the signature.

When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and [claimant to their legal representative]and CC in yourself. Make sure that the claim number is in the subject field of the email.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain