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Not parking fully in a bay UKPC LTD Valley Leisure Park crorydon
#1
Hi Everyone.
I'm carrying this thread over from FTLA

https://www.ftla.uk/private-parking-tick...k-croydon/

This case concerns a Parking Charge Notice (private parking firm) issued by UK Parking Control Ltd, relating to an alleged contravention on Friday, 01 May 1925. The notice itself is dated an unspecified date, and I first became aware of it via received initial notice.

The notice appears to have been issued as By post (ANPR/camera). Driver identified status: NO. Equality Act considerations: No. The location is stated as valley Leisure park, London, CR0 4YA.

A preliminary Protection of Freedoms Act (PoFA) assessment indicates PENDING: Enter the notice issue date to calculate deemed delivery and timing. Route applied: Not specified. The notice is treated as given on Not available.

Current stage:
- Notice responded to: Yes
- Debt recovery letters: Yes
- Letter of Claim: Yes
- County Court claim: Yes
- Letter of Claim responded to: No
- Letter of Claim source: Unsure

Response/appeal already sent (verbatim where possible):

Assessor summary of your case.

The appellant has raised the following points from their grounds of appeal: • The Notice to Keeper is non-compliant with paragraph 9(2)(a) of the Protection of Freedoms Act (PoFA) 2012 as it does not state the period of parking. • No evidence of contract formation due to absence of a consideration period. The operator has provided no evidence that a contract was formed with the driver. • Signage incapable of forming a contract. • No evidence of landowner authority. After reviewing the parking operator’s evidence, the appellant expands on their grounds of appeal.

Assessor supporting rational for decision

POPLA is a single stage appeal service, we are impartial and independent of the sector. We consider the evidence provided by both parties to assess whether the PCN has been issued correctly by the parking operator and to determine if the driver has complied with the terms and conditions for the use of the car park or site. Our remit only extends to allowing or refusing an appeal. The parking operator has provided photographs of the signs at the car park which state failure to comply with the following at any time will result in a £100 parking charge…All vehicles must be parked only within marked bays. The appellant explains the Notice to Keeper is non-compliant with paragraph 9(2)(a) of PoFA 2012 as it does not state the period of parking. The appellant has identified as the keeper of the vehicle on the day of the parking event. As such, I am considering the appellant’s liability for the PCN, as the keeper. For an operator to transfer liability of unpaid parking charges from the driver of the vehicle to the registered keeper of the vehicle, the regulations laid out in PoFA 2012 must be adhered to. Having viewed the notice to keeper issued to the appellant I am satisfied that the operator has complied with Schedule 4 paragraph 9 of PoFA 2012, and that liability of the parking charge was successfully transferred to the keeper at the time of the event. The appellant advises there is no evidence of contract formation due to absence of a consideration period. The operator has provided no evidence that a contract was formed with the driver. The Private Parking Sector Single Code of Practice (The Code) sets the standards its parking operators need to comply with. Section 5.1 of the Single Code of Practice states that parking operators must allow a consideration period of appropriate duration, subject to the requirements set out in Annex B to allow a driver time to decide whether or not to park. The Code also stipulates the consideration period may end earlier than the times prescribed in Annex B where there is evidence that the driver has, accepted the terms and conditions applying (whether or not they have chosen to read them) which may for example be evidenced by the driver parking the vehicle and leaving the premises. In this case, the vehicle was captured on site parked not parked correctly within the markings of a bay. A consideration period is to allow drivers to decide whether or not to park. The images show the driver not at the vehicle nor at any signage. As such, I am satisfied the consideration period ended, and the driver did not park in accordance with the terms and conditions. The appellant states the signage is incapable of forming a contract. Section 3.1.3 of the Single Code of Practice contains the requirements for signs displaying the terms and conditions. The signs must be placed throughout the site, so that drivers have the opportunity to read them when parking or leaving their vehicle. The terms and conditions must be clear and unambiguous, using a font and contrast that is be conspicuous and legible. Within the parking operator’s evidence pack, the operator has provided photographic evidence of the signage at the site, along with a site map demonstrating the distribution of the signs throughout. Having reviewed this, I am satisfied that the signage is sufficient to bring the site’s terms and conditions to the attention of motorists and consider that the appellant was presented with a reasonable opportunity to review them before deciding whether to park. The appellant explains there is no evidence of landowner authority. Within the motorist’s comments, the appellant advises the contract is heavily redacted and does not Section 14.1 of the Code states that where controlled land is being managed on behalf of a landowner, written confirmation must be obtained before a parking charge can be issued. The parking operator has provided a signed contract which shows the operator has landowner authority for the site from the landowner. Although the Single Code outlines what authorisation must set out my observations extend beyond checking documentation; it includes consideration of the fact that there is equipment, signage and on occasion personnel on site to manage the function of enforcement and this cannot happen without the landowner’s authority. I am sure that if the parking operator was not allowed to issue charges on site the landowner would not permit the parking operator to keep its signage on site nor would the landowner allow motorists to park on its land without authorisation. Based on the information supplied by the parking operator I am satisfied that it meets with the minimum standards set out by the Code of Practice and is compliant. After considering the evidence from both parties, the driver parked outside the markings of the bay and therefore did not comply with the terms and conditions of the site. As such, I am satisfied the parking charge has been issued correctly and I must refuse the appeal. Any questions relating to payment of the parking charge should be directed to the operator.

County Court claim deadlines: issue date Tuesday, 10 February 2026, deemed service Sunday, 15 February 2026, AoS deadline 4pm Sunday, 01 March 2026, defence deadline without AoS 4pm Sunday, 01 March 2026, and defence deadline with AoS 4pm Sunday, 15 March 2026.

Additional notes provided:
The years in the above forms were not working properly. I could only type 26 for the year instead of 2026.
I have edited these manually now.

Please can I have advice on the strongest next steps and defence points for this case.
I hope this form was filed out ok.


Kind Regards
#2
@Torenaga, you say that the claim has been issued. What are the Particulars of Claim (PoC) and is the claimant, UKPC, representing themselves or are they using a bulk litigator such as DCB Legal to represent them? Ideally, if you can show an image of the N1SDT Claim Form, that would be ideal. There is no need to show or use any of the other forms that came with the claim. pack

I note a small bug in the response in the form. Your AoS/defence deadline is actually 4pm Monday 02 March. If you complete the AoS before that date, your defence deadline will then be 4pm Monday 16 march.

Once I have seen the PoC and can confirm whether UKPC are representing themselves (in-house legal team) or using a firm of solicitors, I can give you the appropriate defence to use. It will all be done online through MCOL.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
#3
My apologise B789

It is DCB legal the legal team representing them.
These are the papers as requested which i posted up on flickr.

https://flic.kr/p/2rWt1Ao

https://flic.kr/p/2rWu4TL

https://flic.kr/p/2rWu4TR

https://flic.kr/p/2rWouyP

https://flic.kr/p/2rWouyt

https://flic.kr/p/2rWuoCv

https://flic.kr/p/2rWt1zB

https://flic.kr/p/2rWouyi

Kind regards
#4
Thanks. This is the only form I needed to see:

   

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/xvqu3bask5m0zi...e.pdf?dl=0

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.

You can be sure (greater than 99% certainty) that in due course, they will discontinue the claim, but we are many months down the road from that right now.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
#5
Great .

Thank you for the information.
Just one more thing as i was just a little bit confused with the AOS part, could i just skip the AOS and just copy and paste the defence straight into the MCOL defence page?
sorry if it a silly question, I just want to make sure that i dont make any mistakes.

Kind regards
#6
Yes. You only need to submit an AoS if you need more time to prepare and submit the defence. As long as you submit the defence by 4pm Monday 02 March, there is no need to submit an AoS.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
#7
(02-25-2026, 04:55 AM)b789 Wrote: Yes. You only need to submit an AoS if you need more time to prepare and submit the defence. As long as you submit the defence by 4pm Monday 02 March, there is no need to submit an AoS.
Brilliant.

Thank you so much
#8
Hi B789.

I'm just filing out the form and just have a very quick question.
Shall i click on counter claim and if so how much should i put down? and also am I intime to submit this defence still as it says my defence wont be processed until the next working day of the courts which would be monday.

Kind regards
#9
Do not counterclaim. You’ll be fine as long as you submit before 4pm on Monday.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
#10
(02-27-2026, 11:30 PM)b789 Wrote: Do not counterclaim. You’ll be fine as long as you submit before 4pm on Monday.

Great, thank you for your reply 

Kind regards


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