UKPC / DCBL Letter

LewisN2

Jenni_D said:

So, get on to doing the "debt advice" holding email (to DCB Legal) and the SAR to UKPC.  

ok so i parked on this curb, as you can see there is a notice above the house right next to it so i guess it was sufficient signage...

i can also tell by the cars in the area that this photo was around the time of the PCN if not before so it is safe to say that sign was there on the date of issue....

edit: this photo was from 2009 but the PCN was in 2017, however double lines have been added but im fairly certain they were not there in 2017 

D_P_Dance

the original fines were on 30/05/2017 and 11/06/2017 - 

They were not fines, they are invoices fot an alleged   breach of contract  Please do not use that word.

Jenni_D

LewisN2 said:

Jenni_D said:

So, get on to doing the "debt advice" holding email (to DCB Legal) and the SAR to UKPC.  

ok so i parked on this curb, as you can see there is a notice above the house right next to it so i guess it was sufficient signage...

Date of that image? Was that sign there on the material dates?
Regardless, that sign is unobtrusive, hard to see, way too high and impossible to read - even for someone standing nevermind a driver in a car - and cannot in any way be deemed to relate to the road around the corner. If they wanted to deter parking around the corner then they should a) have a sign on that side wall (at a readable height and in a readable font size), and b) have double red lines on the road which would be mentioned on the signage. (Double yellow lines have a statutory meaning so shouldn't be used on private land unless the same statutory meaning was accepted).

I think you really need to drop the "victim mindset" ... it is UKPC who are on shaky ground, not you.

LewisN2

Jenni_D said:

LewisN2 said:

Jenni_D said:

So, get on to doing the "debt advice" holding email (to DCB Legal) and the SAR to UKPC.  

ok so i parked on this curb, as you can see there is a notice above the house right next to it so i guess it was sufficient signage...

Date of that image? Was that sign there on the material dates?
Regardless, that sign is unobtrusive, hard to see, way too high and impossible to read - even for someone standing nevermind a driver in a car - and cannot in any way be deemed to relate to the road around the corner. If they wanted to deter parking around the corner then they should a) have a sign on that side wall (at a readable height and in a readable font size), and b) have double red lines on the road which would be mentioned on the signage. (Double yellow lines have a statutory meaning so shouldn't be used on private land unless the same statutory meaning was accepted).

I think you really need to drop the "victim mindset" ... it is UKPC who are on shaky ground, not you.

i cannot say for certain the dates, i could just tell roughly the time period by my neigbors cars.. if i was to go ahead with the SAR form then i would know for sure the evidence they have

apologies i dont mean to have a victim mindset, just finding the situation stressful especially with the thought of going to court...

patient_dream

That's not a sign, it's more like a Banksy ??

Signs must be clear to the motorist, not stuck on someones house.  Who could read that let alone notice it

LewisN2

thank you all for your input,

I am going to reply to DCB Legals 'reply form' saying that i dispute the debt and am going to include the screenshots that it doesnt include sufficient signage or road markings and hope that they see it will probably not hold up in court and do not follow any further... i can also request an additonal 30 days due to seeking legal advice on this form aswell as requesting additional documents but i assume it would be better to get a SAR directly from UKPC for this

if in the event that they ignore the dispute and take it to court anyway i will likely just pay the fee, i made this decision because i have a few personal things going on atm and do not have the time to allocate to fighting it in court.

Jenni_D

No - respond to DCB Legal solely on the basis of seeking debt advice so they must postpone any further enforcement action (i.e. raising a court claim) by 30 days; do not show your hand yet as regards defence points! And you don't need to send that right away - leave it a few days so the 30 days clock starts clicking later.

Send a SAR to UKPC now so you have a chance of receiving their response pack before you need to compile your defence (so that it helps you formulate your defence points), although you don't really need it until Witness Statement time.

Edit: just noticed that you wish to cave; absolutely your choice. But the initial process is quite easy, IF they start court proceedings - you only need to do the AOS and then slightly amend the standard defence template. The bulk of the work comes at WS time which would likely be in several months time.

Trainerman

Just to  endorse and add to the point by @Jenni_D above. Whilst you might be a bit concerned about the process, remember you may well not have to speak at/to any Court. A strong enough defence very often makes these parasites fold before Court. There are many threads on here that underline that.

LewisN2

@Trainerman @Jenni_D

once again i wanted to thank you both for your efforts.

i was kind of hoping that disputing the debt on the reply form with the photo evidence would help deter them from proceeding further and not bothering filing a claim, if they see the evidence is strong in my favour before they file a claim and this would potentially avoid the whole court scenario. however @Jenni_D recommends not revealing my hand, the potential outcome if this is - they do not see how weak their evidence is, and then proceed with the claim

There is no point in me just paying now, i may aswell try my luck and dispute it + put the 30 days legal advice hold (in the meantime request a SAR), then IF they proceed anyway and ignore my dispute (with or without photos - undecided yet) and it goes to court, then i can decide if i want to pay or fight.

what do you guys think about that? and if i should add the photos as evidence on the dispute reply form?

Trainerman

Well, I think I can see your point. However, IMHO any decision has to be taken in the light of this fact:- PPCs make their money by bullying people into giving way and paying up. Ditto debt collector firms, so it is not in their interest to get a sudden fit of common sense and say "yeah, we wuz wrong". This is why they so often start proceedings in the hope that people will finally be frightened into giving way. In short, I believe show them what you like, they will not stop .....yet. Do remember that you have a very strong case, but winning takes time