DCBL Letter of Claim - UKPC

prez78

HI, I had waited on this too long and just received a Claim form.
Is it too late to agree to pay the fee (contesting the £60) charge?

as it stands the amount  claimed is astronomical :
Claimed £239  (including interest on the £160)
court fees  £35
Level representative cost £50
Total : £324

Any advice on getting out of this and pay just the original £100?

KeithP

What is the Issue Date on your County Court Claim Form?

Le_Kirk

If you have received a claim form from CCBC it looks like you will have to defend it in court.  The claimant will have incurred costs in submitting the claim and will be unlikely to allow you to pay the original claim and they will want their unlawfully claimed £60 for "debt admin" fees!

D_P_Dance

as it stands the amount  claimed is astronomical :Claimed £239  (including interest on the £160)

They have added what appears to be an extra unlawful amount of £60 5 debt collection. This amounts to double recoveryJudges have dismissed an entire claim because of this. Read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V%20Excel%20v%20Wilkinson.pdf?dl=0

Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

prez78

Thanks, I would like to contact the MP, however, 
I did originally send a complaint to the MP when receiving these letters from DCBL, however, they directed me to contact the Hillingdon Law Centre for advice as this was a legal matter and to also speak Citizens Advice Hillingdon .

The Issue date on the County Court Claim form is dated : 24/11/2021.

I have just submitted the AOS

Assuming next step is to file defence. I'm assuming I can use Excel VS Wilkinson as part of the defence.
Am I missing anything else? Will work on the defence template and post here for some feedback.

D_P_Dance

You should complain to your MP, not ask him/her  for  legal advicetu

KeithP

prez78 said:

The Issue date on the County Court Claim form is dated : 24/11/2021.
I have just submitted the AOS.

With a Claim Issue Date of 24th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 29th December 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

Please don't get excited about Excel v Wilkinson.  If it was important it would be in the template defence already.  It's been trumped by VCS v Percy, not that it has no place to be argued at WS stage but it should not be shoved into defences.

The template defence covers everything except your facts, and that sticky thread tells you what sort of thing to add.

prez78

Hi , Busy on the defence... Had a question though.
Will I Have to go to court? I ask as the court is in Northampton, and I'm in London - that's over 2 hours away!
Do they review the defence and submit a verdict without a court hearing or do I have to make the trip? 

KeithP

prez78 said:

Hi , Busy on the defence... Had a question though.
Will I Have to go to court? I ask as the court is in Northampton, and I'm in London - that's over 2 hours away!
Do they review the defence and submit a verdict without a court hearing or do I have to make the trip? 

After having filed a Defence, you will be given the opportunity to choose your local court.
This is all explained in the NEWBIES thread. Read Bargepole's 'what happens when' post linked from there.