UKPC DCBL,Over stayed free parking, N1 Claim form received for 1 of 2 PCNs from 2016

drn2009

Hello,

I have received loads of debt recovery letters over the years for 2 PCNs from 2016 from the same car park a few days within each other, I was ill-advised to just ignore them so didn't take any action and binned them all. I have now received a N1 claim form for one of them and also a DCB legal letter of claim for the other, strangely the N1 arrived for the later alleged offense. I did receive the letter of claim before the N1 came, but didn't pay attention to the fact that DCB Limited was changed to DCB Legal on the header thought the formatting of their template was changed to make it more intimidating.

Now my plan is to request SAR from UKPC as well as submit a defence to the court.

I was reading the FAQ section regarding the SAR and came across this part:

"... and a list of all PCNs outstanding against you and/or this VRN, and remind them that any claim must be for all PCNs, not several separate claims..."

In my case they have submitted a court claim for one PCN and it looks like the other one will follow after 30 days now, so they have made separate claims, what significance is it that they have made several separate claims? is that breaking any rules that would get the claims dismissed in the courts?

Coupon-mad

It's an abuse of process (cause of action estoppel - Google it!) but don't point it out just yet.

Defend the single one as per the forum advice and template defence and stay silent in that defence about the others.

Meanwhile, make it your mission to stall the others that are at LBC stage.  Firstly tell the solicitors you are seeking debt advice and awaiting a SAR (don't mention the live claim, this is re the LBC stage ones). Ask them to put the case on hold for 30 days whilst you seek debt advice. Then at the end of the 30 days email asking for a photo of the sign (the contract their client alleges was breached) as per the pre-action protocol, and the evidence they intend to rely upon if any, that was not within the SAR reply.  Then reply again asking something else...get this into 2022 without a claim and then when they say 'that's it, we will now issue a claim' tell them they are estopped by the fact they already have, claim number xxxxxxx was filed months ago and if their client wanted charges of similar fact to be heard they had to file them as part of that claim, as per the Authority in Henderson v Henderson. 

But no telling them that yet!  Get on with defending this one whilst playing email tennis holding the rest at bay. Hope that makes sense?

Coupon-mad

By the way, what was the driver doing overstaying umpteen times? Don't tell us they were using a retail park for free all day parking?

drn2009

Lol no, it was carpark at a shopping precinct, didn't realise there was a 3 hour limit to the free parking so left 10 to 20 mins over the free period. Didn't even realise there was a limit till the first PCN came, that's why they are both within a few days of each other. After that made sure to keep better track of time or avoid that carpark

drn2009

Coupon-mad said:

It's an abuse of process (cause of action estoppel - Google it!) but don't point it out just yet.

Defend the single one as per the forum advice and template defence and stay silent in that defence about the others.

Meanwhile, make it your mission to stall the others that are at LBC stage.  Firstly tell the solicitors you are seeking debt advice and awaiting a SAR (don't mention the live claim, this is re the LBC stage ones). Ask them to put the case on hold for 30 days whilst you seek debt advice. Then at the end of the 30 days email asking for a photo of the sign (the contract their client alleges was breached) as per the pre-action protocol, and the evidence they intend to rely upon if any, that was not within the SAR reply.  Then reply again asking something else...get this into 2022 without a claim and then when they say 'that's it, we will now issue a claim' tell them they are estopped by the fact they already have, claim number xxxxxxx was filed months ago and if their client wanted charges of similar fact to be heard they had to file them as part of that claim, as per the Authority in Henderson v Henderson. 

But no telling them that yet!  Get on with defending this one whilst playing email tennis holding the rest at bay. Hope that makes sense?

Ok Thank you, will crack on with this, so to confirm I won't bother mentioning the multiple PCNs should be made in one claim in my SAR to UKPC.

I may have more questions regarding the defence later on if I get stuck on something. Thanks 

Le_Kirk

drn2009 said:

 I have now received a N1 claim form for one of them ....................

Now my plan is to request SAR from UKPC as well as submit a defence to the court.

What is the date of issue of the claim form?  If you post that one of the regulars, @KeithP, will be along to give you some deadlines and guidance on compiling and submitting your defence.  Have you completed the AoS?  If not don't do it until five days after the issue date of the N1; this will give you a bit more time to compile your defence.

drn2009

Le_Kirk said:

drn2009 said:

 I have now received a N1 claim form for one of them ....................

Now my plan is to request SAR from UKPC as well as submit a defence to the court.

What is the date of issue of the claim form?  If you post that one of the regulars, @KeithP, will be along to give you some deadlines and guidance on compiling and submitting your defence.  Have you completed the AoS?  If not don't do it until five days after the issue date of the N1; this will give you a bit more time to compile your defence.

Says the issue date is the 11th October 2021, I received it on the 16th October. Not completed anything yet.

KeithP

drn2009 said:

Le_Kirk said:

drn2009 said:

 I have now received a N1 claim form for one of them ....................

Now my plan is to request SAR from UKPC as well as submit a defence to the court.

What is the date of issue of the claim form?  If you post that one of the regulars, @KeithP, will be along to give you some deadlines and guidance on compiling and submitting your defence.  Have you completed the AoS?  If not don't do it until five days after the issue date of the N1; this will give you a bit more time to compile your defence.

Says the issue date is the 11th October 2021, I received it on the 16th October. Not completed anything yet.

With a Claim Issue Date of 11th October, you have until Monday 1st November to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Monday 15th November 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

drn2009

Great, thank you for the info @KeithP

drn2009

Coupon-mad said:

Meanwhile, make it your mission to stall the others that are at LBC stage.  Firstly tell the solicitors you are seeking debt advice and awaiting a SAR (don't mention the live claim, this is re the LBC stage ones). Ask them to put the case on hold for 30 days whilst you seek debt advice.

Just a quick one on this @Coupon-mad

Do I ask for the case to be put on hold for 30 days now or wait till the original 30 day time frame is nearly over? Does the 30 days extension I request mean 30 days after the original 30 day period or is it 30 days from the time I request it?

KeithP

drn2009 said:

Coupon-mad said:

Meanwhile, make it your mission to stall the others that are at LBC stage.  Firstly tell the solicitors you are seeking debt advice and awaiting a SAR (don't mention the live claim, this is re the LBC stage ones). Ask them to put the case on hold for 30 days whilst you seek debt advice.

Just a quick one on this @Coupon-mad

Do I ask for the case to be put on hold for 30 days now or wait till the original 30 day time frame is nearly over? Does the 30 days extension I request mean 30 days after the original 30 day period or is it 30 days from the time I request it?

As you already have a County Court Claim Form, you are past the point of asking for any delay.

The time to ask for that thirty day delay was when receiving a Letter of Claim.