UKPC BACK AGAIN

Fruitcake

In that case I do urge you to inform the claimant and their solicitors that a judge has already found that you have/had an existing right to quiet enjoyment and an unfettered right to park in your demised space. Quote the previous case number and the judge's findings.
If it were me, I would go for a counterclaim.

Complain to the landowner and warn them you will include them in your counterclaim if the charge is not cancelled.

CVKTA

Thanks Fruitcake. I'll draw something up and post it for critique this afternoon.

patient_dream

CVKTA said:

Thanks Fruitcake. I'll draw something up and post it for critique this afternoon.

You will get all the help

Do read this, you are not alone in this DCBL rubbish

The fakery by DCBL is highlighted and especially by a statement of truth of a certain Yasmin Mia

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

The benefit of a counterclaim means that UKPC pay you and as it's a live claim, DCBL will not be able to discontinue 

D_P_Dance

Have you read these?

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

https://www.dailymail.co.uk/news/article-3229165/Is-PROOF-private-parking-firms-scamming-motorists-Drivers-say-timings-photos-doctored-legally-parked-cars-issued-fines.html

CVKTA

I've just dug back through all of their letters which I've kept and actually I received x 4 PCNs but they are only Claiming against 2 of them!? Very bizzare.
1 of them is a carbon copy as my wifes case of parking in our bay without a permit showing, the other is  not being parked within the markings of the bay. (which I recall was on boxing day as I was unloading the car from a family trip away!)

Jenni_D

OK - so you also include cause of action estoppel ... they are duty-bound to combine and file/serve their entire claim, they can't just feed it piecemeal through the courts.

CVKTA

Jenni_D said:

OK - so you also include cause of action estoppel ... they are duty-bound to combine and file/serve their entire claim, they can't just feed it piecemeal through the courts.

Excellent. Currently drafting an email as we speak.
Do I respond as per normal to the Claim Form at this time or do I wait for a response on this??

CVKTA

Any thoughts on this before I send it off to UKPC and DCB...?

Dear Sirs,

I write to you at DCB Legal as the Solicitors for UKPC in Case Number H6KF7X6T.

In September 2020 a judge already established my family's rights, as residents to quiet enjoyment and an existing unfettered right to park in our demised space.

This was in case reference - UK Parking Control v XXXXX  - Claim Number: XXXXX

UKPC brought this claim against my wife and were represented by SCS Law. I represented my wife and before I even had the chance to detail Abuse of Process, Derogation from Grant and the list of other codes that UKPC were undermining, the judge had already dressed down the SCS Law representative and thrown the case out on the basis of Primacy of Contract.

Your claim will be without merit and is vexatious. I will be seeking costs for unreasonable behaviour.

I will be insisting that this claim is struck out on the basis of cause of action estoppel. I’m sure you will be aware that, Cause of action estoppel is a doctrine which prevents claimants from pursuing the same claim twice.

Should a case have received a final determination already, no further proceedings can be brought in respect of the same subject matter.

 

Yours Faithfully,

Umkomaas

CVKTA said:

Jenni_D said:

OK - so you also include cause of action estoppel ... they are duty-bound to combine and file/serve their entire claim, they can't just feed it piecemeal through the courts.

Excellent. Currently drafting an email as we speak.
Do I respond as per normal to the Claim Form at this time or do I wait for a response on this??

You have a fixed timeline for dealing with the claim. You should be held up by nothing in dealing with it. Don't risk a judgment in default against you by missing the deadlines. Forum regular @KeithP will advise on those after you've answered the following:

What's the Date of Issue on the Claim Form?  Have you done the Acknowledgement of Service yet?  If so, on what date?

CVKTA

Umkomaas said:

CVKTA said:

Jenni_D said:

OK - so you also include cause of action estoppel ... they are duty-bound to combine and file/serve their entire claim, they can't just feed it piecemeal through the courts.

Excellent. Currently drafting an email as we speak.
Do I respond as per normal to the Claim Form at this time or do I wait for a response on this??

You have a fixed timeline for dealing with the claim. You should be held up by nothing in dealing with it. 

What's the Date of Issue on the Claim Form?  Have you done the Acknowledgement of Service yet?  If so, on what date?

Issue date is 8th December. I haven't responded at all yet or completed AoS, as Claim only arrived yesterday