Author Topic: Claim form receieved from UK Parking control LTD, parked in a disabled space in private retail park  (Read 38 times)

0 Members and 39 Guests are viewing this topic.

Hello

I have receieved a claim form for a parking charge.  I am the RK of the vehicle, and I believe the vehicle was only parked in the space for a few minutes.

I have attached the claim form to this email, I have submitted an AoS and need to submit a defence in the next 7 days. Please could somebody advise the best defence to put forward at this stage as I intend to fight this in court

Image IMG 9242 hosted on ImgBB
ImgBB · ibb.co

Share on Bluesky Share on Facebook


The “boilerplate” defence to these claims is increasingly being struck out by the courts, and so any defence you use needs to be more specific. You need to give us more background in order to help you here, including posting the original notice and giving us your story.

Of course, the Particulars of Claim from DCB Legal are woeful, and this can be pointed out in your defence, but I suggest this is no longer sufficient as it might once have been.
« Last Edit: Yesterday at 11:38:52 am by jfollows »

There is usually a requirement for a 10 minute grace period to allow a driver to find and read the signs, but that's based in the code of practice, not law, so that won't help you having ignored the appeal process. Even if you had raised that point during appeal, if the disabled bays have prominent signs in front of them saying that they are for blue badge holders only, the operator would have a good argument that you should at least have read that term and parked somewhere else to read the rest of the conditions.

There is usually a requirement for a 10 minute grace period to allow a driver to find and read the signs, but that's based in the code of practice, not law, so that won't help you having ignored the appeal process.
None of that is quite true. You're referring to a consideration period rather than a grace period, they are different things. A consideration period is a period of time allowed for a driver to find and read any such signage, and decide whether to remain parked or leave. This is usually a minimum of 5 minutes per the code of practice. You are correct that the code of practice is not law, but it is a common legal principle that someone cannot be bound by a contract if he has not been afforded the opportunity to consider the terms.

There are potential defences to explore but as per jfollows, we could do with some further information.

Please find below the notices sent (01-06), images of vehicle (1-4) and signage from the location.

The vehicle had a person inside who had a blue badge, but for whatever reason it was not on display
I am certain that the vehicle will have been there for no longer than 10 minutes.  Furthermore, im fairly sure the driver of the vehicle was not me but I am the RK of the vehicle.

Image 01 hosted on ImgBB
ImgBB · ibb.co

Image 1 hosted on ImgBB
ImgBB · ibb.co

Image 02 hosted on ImgBB
ImgBB · ibb.co

Image 2 hosted on ImgBB
ImgBB · ibb.co

Image 03 hosted on ImgBB
ImgBB · ibb.co

https://ibb.co/fdSV4ggw
https://ibb.co/G3F6znPk
https://ibb.co/8DfHFmD9
https://ibb.co/GQXB7WZb
https://ibb.co/VW134DxB
https://ibb.co/V0XSHQJj