UKPC - DCBL County court 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.

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.

Yes that's my bad. I did the AoS online with MCOL. 

I've checked the reference numbers on the CCBC claim letter and the email received back from DCBL and they are referring to the same claim. 

patient_dream

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.

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.

Yes, the OP needs to get this spot on ...... I suspect it is complete incompetence by DCBL as are the claims they bring.  We will not forget that VCS are short of £1000 because of a duff claim. Doubt VCS will forget this one anytime soon.

   

fight_UKPC

So to be clear, I'm absolutely going to continue with the court claim, as one should, in good time. However, there's possible grounds for other misdemeanors here from DCB Legal, I think that's how I'm interpreting it.

Should this not just form part of my defence p. 2 and 3?

patient_dream

fight_UKPC said:

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.

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.

Yes that's my bad. I did the AoS online with MCOL. 

I've checked the reference numbers on the CCBC claim letter and the email received back from DCBL and they are referring to the same claim. 

OK, so DCBL are incompetent, something we have known for a long time.

Nothing more for you to do right now. Let DCBL fathom out what they will do. The one sure thing is that they cannot issue another claim when there is an active case going for the same ticket

RELAX, nothing is going to happen until well into 2022 ..... maybe March/April or later, depends how covid pans out

Just keep an eye on the post and report back here what happens. UKPC want their money now, well tough titty, it will take months and that is if they win ??? doubtful but hey ho, you can claim your costs when you win. But UKPC are going to pay DCBL costs anyway.

We will call this "The utter law of stupidity"    

Have a nice anti-scam xmas

Coupon-mad

fight_UKPC said:

So to be clear, I'm absolutely going to continue with the court claim, as one should, in good time. However, there's possible grounds for other misdemeanors here from DCB Legal, I think that's how I'm interpreting it.

Should this not just form part of my defence p. 2 and 3?

No.  Your 2 and 3 should tell about the permission you had to load or unload and that there were no signs seen, etc.  Usual facts.

fight_UKPC

Hi All, just recovered from the dredded COVID.... That was unpleasant. This delayed my defence prep. 

I have prepared what I think is suitable for some critique from you wonderful people. 

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question, but liability is denied.

 

3.     It is denied that the defendant is indebted to the claimant.

 

4.   The defendant, at all material times, used this car park for work purposes whilst in employment at the local university, Birmingham City University (BCU). The day in question was a key event in the calendar so the defendant remembers the reasons for parking there on a weekend. The defendant avers that a conversation with the parking attendant took place to seek permission to park in the position documented by the Private Parking Company (PCC), to unload. This permission was granted.

 

5.    The defendant denies the claimants allegations that the driver agreed to pay within 28 days the Parking charge notice (PCN) incurred for breach of the terms of the claimant’s signs.

 

6.    It is denied the defendants vehicle was parked in breach of any such alleged terms provided by signs. The defendant avers that from images provided by the PCC, that insufficient signage was present for any such contract to be breached. The defendant asserts that this amounts to forbidding signage, and to that end, no offer, consideration, nor acceptance, and therefore no contract could be formed.

 

 

7.     The defendant avers that there was no sign of the alleged PCN on returning to the vehicle, this is a breach to the claimant’s trade association and a breach of the PoFA 2012, schedule 4 regulations. The defendant applied to the claimants Data protection officer (DPO) to request information held pertaining to the particulars of the claim (POC). On receiving the documentation, all dating back to 2016, the claimant had been sending correspondence to the defendant’s previous address.

I have been reading through quite a few other defences. Great to have such a pool of knowledge on here. 

I have also seen the paragraph numbering concerns raised about p. 7 relating to p.5. I'll adjust once I'm ready to send defence. 

TIA :-) 

Le_Kirk

Regarding your paragraph 5, this is on the signs containing the terms and conditions and everybody queries it BUT by parking you are deemed to have seen and read the T&Cs.  Could just take it out.

D_P_Dance

Bur read about unfair T & C here

https://www.sra.org.uk/consumers/problems/report-solicitor/

Coupon-mad

Add in a line saying there was a verbal contract and permission to park there and the Defendant relied on that agreement which was made face to face and overrides signage on the day of a University event, when parking rules are normally more flexible or suspended.

Fruitcake

Also mention the Jopson vs Homeguard case where the judge stated that loading and unloading is not parking. Paras 19 and 20 of that judgement refer. This was an appeal court case so is persuasive on the lower courts.