UKPC - DCBL County court claim

fight_UKPC

Hi,
Greetings and thanks for all the wonderful information on this site. 

I recently received a CCBC claim for UKPC with DCB Legal as the representative issued on 24th of November (it didn't arrive until Monday 29th) . I have read the newbies threads at length and to the now best of my new knowledge, I have submitted AoS on MCOL on Saturday 4th December, (which was received Monday 6th December), and a SAR to UKPC as well as the response email also to DCB Legal.

This morning I received the information from the SAR from UKPC and they hold more than one PCN for me it seems. However the PCN this relates to is regarding to not parking in defined bays, which aren't very clear to start with. 

I attach the court claim and some of the the info received in the SAR. I didn't find a PCN on my windscreen when I returned, and from the SAR the NTK was sent to my previous address, I'd bought a new house 2 months earlier.

 From memory, sketchy at best from 2016, I believe I spoke with the onsite parking attendant about unloading for an open day at the University (opposite). This car park is now gone to make way for the new HS2 station so I'm unable to get current photos of the state of signage and bays etc. 

Do you think this is defendable? I have started a defence document from the template from coupon-mad, I'm just not sure what the best option is for the defence? Say I had a conversation with parking attendant and a verbal contract was agreed? Plead poor line markings? awful small print signage, unreadable IMO?


 

D_P_Dance

They have added what appears to be an extra unlawful amount of £60 for debt collection. This amounts to double recovery and some Judges 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

However, a VCS appealed this so it may not apply in all cases, read this

https://www.dropbox.com/s/ntksx9g7177ahyg/VCS v Percy v1 Amendments (2).pdf?dl=0Also read this

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

Also consider complaining to The SRA about the solicitor. If one is involved   All of thesr firms are eThey are fully aware of the unlawful nature of this addition yet persist in adding it.

https://www.sra.org.uk/consumers/problems/

KeithP

fight_UKPC said:

I recently received a CCBC claim for UKPC with DCB Legal as the representative issued on 24th of November. I have submitted AoS on MCOL on Saturday 4th December, (which was received Monday 6th December).

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 three 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'.

Le_Kirk

In your defence you put short punchy, legal/technical arguments that you can support and back up later in your witness statement.  All the items you raise in the last paragraph of your first post are good starting points.  Use promissory estoppel, that is the conversation you had with the parking person, who, as an employee of the parking company effectively gave permission to park there.

fight_UKPC

So I've received a reply from my response to DCB Legal.

Trainerman

From that one photo, I think you could probably add forbidding signage, therefore no contract formed, as a further point in  your defence.

KeithP

Wait a minute... what's going on?

Earlier today you showed us that you have received a County Court Claim Form.

Now you are telling us that you have received a letter saying that they will not start a Claim until sometime in January.

Check your documentation. I suspect there are two different parking events at issue here. You did hint at that possibility in your opening post.

fight_UKPC

KeithP said:

Wait a minute... what's going on?

Earlier today you showed us that you have received a County Court Claim Form.

Now you are telling us that you have received a letter saying that they will not start a Claim until sometime in January.

Check your documentation. I suspect there are two different parking events at issue here. You did hint at that possibility in your opening post.

So in the newbies instructions, it says send two emails one to MCOL for AoS and another to their solicitor.

As well as the SAR to the parking firm's DPO, also write another email, if they are using Gladstones, DCLegal, BW Legal or other solicitor.
Your email tells the solicitor:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent your client a SAR
(c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses.

patient_dream

So they issue a claim dated 24th Nov.   Your email was dated 7th Dec and now they have put this on hold until 6th Jan.  And they say if you do not pay by then, they will issue a claim against you

Don't DCBL know they already issued a claim ???
That claim is still live and you should respond as advised by Keith and advise the court of their email. Unsure how a court will handle this one

THE CLAIM ....... IT'S FAKE.  

It's another claim signed by the infamous YASMIN MIA 

These fakes you can see in this thread
DCBL letters ... forum group thread
https://forums.moneysavingexpert.com/discussion/6237177/dcbl-letters-forum-group-thread#latest

The 2016 UKPC sign has no mention of damages and as the sign is the purported contract which the claim is based and that is simply £100

So why does YASMIN think there are damages ?  After all, she signed the statement of truth so she must be able to prove this ....... can she ?

This is just the normal DCBL claim but in reality it is a blatant attempt to confuse you and the court. It's just another DCBL attempt which is called DOUBLE RECOVERY which leads to ABUSE OF PROCESS.

The interest at 8% ?   Judges normally dismiss this, who can blame them, wth interest rates at rock bottom right now ..... and the claim is after all RIGHT NOW

With this continual fakery, it's about time the courts hold Yasmin Mia in contempt of court

You do not owe the fabricated  amount of £160, 
The trick of DCBL is to mislead the court when the parking ticket was £100

Clever they are ... NOT .... they recently led another parking company VCS into a major car crash and it cost VCS dearly .... £1000

If UKPC continue like this it's only a matter of time that they will be the next car crash.

KeithP

fight_UKPC said:

KeithP said:

Wait a minute... what's going on?

Earlier today you showed us that you have received a County Court Claim Form.

Now you are telling us that you have received a letter saying that they will not start a Claim until sometime in January.

Check your documentation. I suspect there are two different parking events at issue here. You did hint at that possibility in your opening post.

So in the newbies instructions, it says send two emails one to MCOL for AoS and another to their solicitor.

As well as the SAR to the parking firm's DPO, also write another email, if they are using Gladstones, DCLegal, BW Legal or other solicitor.
Your email tells the solicitor:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent your client a SAR
(c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses.

There is nothing in the NEWBIES thread about sending an email to MCOL for AoS.

The other stuff you have quoted comes under the heading Pre-action stage.

You are past the pre-action stage. You have a live Claim. Do not delay the processing of it beyond the dates in my earlier post.

I'm still puzzled that DCBLegal have offered to delay processing of a live claim. That is either sheer incompetence or downright malicious.

But please check again that they are not writing about another possible Claim.

fight_UKPC

KeithP said:

fight_UKPC said:

KeithP said:

Wait a minute... what's going on?

Earlier today you showed us that you have received a County Court Claim Form.

Now you are telling us that you have received a letter saying that they will not start a Claim until sometime in January.

Check your documentation. I suspect there are two different parking events at issue here. You did hint at that possibility in your opening post.

So in the newbies instructions, it says send two emails one to MCOL for AoS and another to their solicitor.

As well as the SAR to the parking firm's DPO, also write another email, if they are using Gladstones, DCLegal, BW Legal or other solicitor.
Your email tells the solicitor:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent your client a SAR
(c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses.

There is nothing in the NEWBIES thread about sending an email to MCOL for AoS.

The other stuff you have quoted comes under the heading Pre-action stage.

You are past the pre-action stage. You have a live Claim. Do not delay the processing of it beyond the dates in my earlier post.

Thanks KeithP, so I didn't need that step, but quite right from patient_dream, they should have known it had gone as far as a claim as they responded with the correct reference number. 

In any case, I intend to submit to the court in line the the dates set out by yourself.