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UK PC Parking ticket - need advice, Wife parked - not me!
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post Sat, 23 Feb 2019 - 00:44
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My wife parked in a mini retail park. She went over the road to go somewhere close by.

She got a ticket from UKPC.
The ticket says "Vehicle owner/driver left site".
WTF. I mean WTF.
You can't do that!
The ticket was issued WITHIN 2-3 minutes of her parking.

I mean, you CAN'T JUST make up rules like that????

Maybe she popped across the road to say hello to someone she had seen. Maybe she saw a cat on the road.
It's NONE of their damn business!

If someone has parked over a time limit, I can understand them issuing a ticket.
(I would still fight that on grounds of principle - don't expect me to walk to their sign, read 20 paragraphs of legal text and understand it and then agree to fall into their contract.)

My friend has a policy: ignore ALL private parking tickets. He says they NEVER go to court. They live off fear from people who just pay.
Is this true? They NEVER EVER take to court if on private land?

What advice would you guys give?

See further below for pics of the ticket both side.

ASIDE: it was my wife. Say I don't get on with her. SHE has to pay the fine. I'm happy to give all her details and have her go to jail and serve hard labour. How do I arrange for this? I need a new wife. Can they still pursue ME for the ticket? Would be highly unfair!

Thanks.


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post Sat, 23 Feb 2019 - 00:44
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post Thu, 23 Mar 2023 - 17:25
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@Redx, all understood. Thanks.
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post Fri, 31 Mar 2023 - 01:03
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UPDATE: I've had a generous reply from DCB Legal offering £230 to settle the matter.
I couldn't find this referred to in the main thread on the MSE forum. I thought I had seen it mentioned - I just searched the word 'ignore' but couldn't find any reference.

Should I even acknowledge the email and give a reply?
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Redx
post Fri, 31 Mar 2023 - 07:49
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Plenty of the mse cases have had the offers, dozens of them, just disregard and file away

You require nothing less than a discontinuance, which hasn't arrived
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post Mon, 24 Apr 2023 - 12:20
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Just updating...
I got this email 4 days ago:

QUOTE
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.


From what I read in the past: I ignore the document and only respond to the court document.
Let me know if that is not correct.

Should I even reply to this email received? huh.gif

Thanks.
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Redx
post Mon, 24 Apr 2023 - 12:29
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Just follow the instructions over on mse parking forum in the newbies faq sticky thread in announcements plus the defence template thread by coupon mad

You should be concentrating on checking your MCOL claim history, because once your CCBC ( not court, Business Centre.) N180 shows as being posted out, you should download the digital version, fill it in and email it as pdf attachment to the ccbcaq email address, with a CC to the lawyers, that is the only email you should be sending out to either party, so OF COURSE you should be replying! But correctly

If you didn't know the above, you are not following the correct digital online procedures and instructions, which are the same for everyone, so study them carefully, read other court claim threads that are weeks or months older than yours, get the drift, see what they did, because it's always the same, because you should be following recent post covid procedures, the postal paperwork is the legacy system, for people not on the Internet etc

This post has been edited by Redx: Mon, 24 Apr 2023 - 12:48
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nosferatu1001
post Mon, 24 Apr 2023 - 15:33
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This is their standard response. It means nothing.
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post Tue, 25 Apr 2023 - 00:07
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@redx I've read loooads of times now - your instructions really help make crystal clear.
I just logged onto MCOL just now. Nothing changed there yet. Nothing to say N180 posted out.

@nosferatu1001 thanks for confirming.

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post Wed, 28 Jun 2023 - 19:41
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Update, I received the DQ 2 weeks back. I need to send in before 3rd July. I've filled in and was hoping to get feedback if it's been filled out OK.
I read up the MoneySavingExpert guidelines - they seem to be out of date?

Here's my DQ:









And just for completeness... this is what my MCOL page currently looks like:



1. I need to sign and scan the PDF and email CCBCAQ@Justice.gov.uk, giving the claim number as the subject.

2. I will CC in complaints@ukparkingcontrol.com, dpo@ukparkingcontrol.com a few email address I have for dcblegal.co.uk.
I thought it would be best to CC and not email separately?
The instructions say send separate?

Then I wait for the next stage: the court hearing - for which I then need to prepare my defence and witness statements.

Am I missing anything?

Thanks.
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Redx
post Wed, 28 Jun 2023 - 20:40
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The comments regarding the filling in of the DQ form are by bargepole for most of them, plus the post by Grizebeck for the extra sections, so twofold, so check that you followed both, the bargepole guidance followed by the Grizebeck guidance ( the form changed a couple of years ago.)

1) yes, or download the digital copy, fill it in and email it as you describe, either will suffice

2) But, you must also send or email a copy to the lawyers acting on behalf of the claimant, or direct to the claimant if no lawyers, so 2 destinations, not just the one

I would suggest that you don't use cc, but bcc, or separately

3) incorrect, once it's sent to your local nominated civil court, they write to both parties with court orders, with steps to follow

No defence is sent by you to the local court, the CCBC in Northampton included your defence in the bundle they sent, you don't get a second bite at all

There will be a deadline to submit your witness statement plus exhibits to the local court plus to the lawyers ( or claimant.), usually a few weeks before the scheduled hearing. ( if the claimant pays the court fee.)

It may get to the date of the hearing, or not, so many hurdles before an actual hearing

Your defence is now on file, done and dusted, already logged
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post Thu, 29 Jun 2023 - 00:20
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@Redx thanks for the reply. I'm a little confused. I've tried finding posts by bargepole and then Grizebeck - having no luck.

I'm using this as a starting point:

https://forums.moneysavingexpert.com/discus...-first-thankyou

And then following links from there.

One of the links is:
https://forums.moneysavingexpert.com/discus...ed-october-2016 - I looked through all 7 pages.
The form filling guidance is one page 1 - and it's out of date for the form.
(But still has succinct super helpful guidance on what happens next and what you should do.)

Another link is:
https://forums.moneysavingexpert.com/discus...omment_71763411
Also out of date - but seems to cover all form sections - just has different section name, like D1 is E1 in the new form.

I think I've got it covered with the second link - but can't find Grizebeck.

I'll hold back sending until tomorrow evening. So please let me know if you can give direct links for bargepole and Grizebeck
The form seems simple - but I just don't want to leave anything to chance - just being a little paranoid here!

Thanks.

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Redx
post Thu, 29 Jun 2023 - 06:20
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That first link above is the guidance by bargepole, for the old form, but is largely correct, not his fault that the CCBC changed the form 5 years later

https://forums.moneysavingexpert.com/discus...october-2016/p1

The thread by member Grizebeck is here, so read it, because most people manage it after studying those 2 threads, plus that one by System, all 3 are still valid when combined

https://forums.moneysavingexpert.com/discus...he-n180-form/p1

https://forums.moneysavingexpert.com/discus...omment_71763411

Bear in mind that most people like me have never been in your position and never filled these forms in, or been taken to Civil court either

Research, reading, googling, all those skills are required here for a DIY job., ( or do what the claimant did and employ lawyers.)

This post has been edited by Redx: Thu, 29 Jun 2023 - 06:22
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post Thu, 29 Jun 2023 - 15:33
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@Redx, I picked up one golden nugget:

"I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all these years of intimidating demands from this aggressive parking firm and their agents, that I need a voice at an attended hearing. 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."

For section D1. That's a really compelling reason which they can't argue against IMHO.

Sending now.

Oh... one thing... I'm going to digitally sign. I'm going to open the PDF using an editor program and give my signature. I just thought I would mention just incase that was frowned upon.
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Redx
post Thu, 29 Jun 2023 - 15:39
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A digital signature is OK, you could sign a piece of white paper using a black pen, take a picture and add it to the pdf, or open the pdf and edit it, or use a special tool with a suitable ipad or tablet, or a mouse input, or sign the blank document and take a picture or scan and add it, lots of methods for a digital signature, solicitors and accountants use them all the time
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post Mon, 15 Jan 2024 - 01:22
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Guys, I thought I'd give an update.

I logged into MCOL and it says the following:

A claim was issued against you on 20/02/2023

Your acknowledgment of service was submitted on 02/03/2023 at 02:00:19

Your acknowledgment of service was received on 02/03/2023 at 08:05:42

Your defence was received on 23/03/2023

Case Stay Lifted on 15/06/2023

DQ sent to you on 15/06/2023

DQ filed by claimant on 15/06/2023

You filed a DQ on 24/08/2023

Your claim was transferred to ROMFORD on 24/08/2023

So... now waiting for allocation for a court date?
Should I start preparing my case or just wait given that it's already been 5 months nearly.

Thanks.
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Redx
post Mon, 15 Jan 2024 - 10:28
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You are waiting for a court order from Romford civil court

Personally I would prepare for it by drafting your witness statement and exhibits
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post Mon, 15 Jan 2024 - 19:54
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Thanks for the reply.
I'm happy to leave preparations late to be honest. I've got clear in my mind the responses I want to give and my case of argument.
I'm looking forward to seeing it through to the court stage.
I've never had to defend myself before.
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