UKPC - County Court Claim (DCB Legal)

SHV84

Hi

I really need some help with this, I received a county court claim form at the end of November relating to 2 PCN's back in 2016. I have done the AOS, sent off for SAR etc. UKPC have sent me copies of the original PCNs and letters (they actually sent a 3rd PCN which isn't on the court claim form). I just need some assistance with a possible defence. If i'm honest I don't have the confidence to face going to court. I never actually received a letter before action from DCB Legal so haven't had the opportunity to pay before getting to this stage. The fees are totaling almost £600!! Is it worth me asking for an out of court settlement? Would greatly appreciate any help you can give. Thank you

KeithP

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

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Coupon-mad

No-one has to 'go to court'.  It's a phone hearing these days; you can do it.  Of course you won't be paying most of those 'fees' even if you lost, which almost no-one here does.

SHV84

The claim date is the 24th, I filed AOS on 30th... 
And thanku coupon-mad that's reassuring to know

patient_dream

The fees are totaling almost £600!! Is it worth me asking for an out of court settlement? 

DCBL practice fakery.   you do not owe £600
How are they breaking this down

DCBL letters ... forum group thread
https://forums.moneysavingexpert.com/discussion/6237177/dcbl-letters-forum-group-thread#latest

D_P_Dance

The fees are totaling almost £600I

It a scam, read this and complain to your MP.

They have added what appears to be an extra unlawful amount for debt collection. This amounts to double recovery and Judges all over the country are dismissing these spurious additions. Indeed some judges have dismissed entire claims because of this. Read this and complain to Trading Standards and 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, 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 They are fully aware of the unlawful nature of most of thse additions yet persist in adding them..

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

KeithP

SHV84 said:

The claim date is the 24th, I filed AOS on 30th... 

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 two 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'.

SHV84

Thank you for directing me to the defence template. I have had such a hectic week but determined to get it sent off by tomorrow. 

My defence is pretty weak

UKPC sent me the photographs of the signage, one of which was attached to a low level fence with no street light near by, the other photograph shows from a distance that the sign is actually quite high, even the photograph is at an angle pointing up to the sign which proves that it would have been impossible to read especially at night.

If anyone could help me to put the above into a good defence I'd appreciate it. This is my draft defence below.

"

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 was dark on the 23/04/2016  that the defendant parked the vehicle in question. The signage closest to the vehicle was not under any lighting so  Due to the signage being poorly lit The Defendant was therefore unable to read the signs and therefore cannot be held accountable for any breach in contract. 

4. Again it was dark on the 30/10/2016 when the defendant parked the vehicle in question. The signage was also at a height that the defendant would not have been able to read and the font on the  signage was  illegible due to the print being so small."

Also I received an email from DCB legal and they only have evidence of 1 PCN, not the 2 mentioned on the claim.... 

Le_Kirk

You could combine paragraphs 3 & 4 by stating "it was dark on both occasions (23/04/16 and 30/10/16) ......" You could also combine the points about the signage into the same paragraph but be aware that later in the standard defence template, there is a paragraph about poor signage; do not repeat it.  Why do you have random capital letters in the middle of some sentences?

1505grandad

".....and therefore cannot be held accountable for any breach in contract. "

I believe the phrase is "breach of contract".

SHV84

Le_Kirk said:

You could combine paragraphs 3 & 4 by stating "it was dark on both occasions (23/04/16 and 30/10/16) ......" You could also combine the points about the signage into the same paragraph but be aware that later in the standard defence template, there is a paragraph about poor signage; do not repeat it.  Why do you have random capital letters in the middle of some sentences?

Thank you, I'll combine it as you said. The Random capitals won't be in the final copy, it was just the way I was cutting and pasting.