UKPC BACK AGAIN

Umkomaas

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.

But they're not pursuing the same claim twice. Your claim and that of your wife are entirely different claims. 

Cause of Action Estoppel would only kick in if a concluded claim against you is followed by an identical claim(s) against you at a later date.

CVKTA

Umkomaas said:

Cause of Action Estoppel would only kick in if a concluded claim against you is followed by an identical claim(s) against you at a later date.

Ah right. I was following Jenni_D advice above....I'll remove that then!

patient_dream

CVKTA said:

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.

£539.40 for 2 tickets is extortion

Is it Yasmin Mia who signed the claim and does she claim the fake add-on as damages ?
Damages in your own space, don't think so.

I would counterclaim before DCBL realise they are fools.  I would also be asking the judge about the statement of truth which clearly is a fake.  The current rules for court claims clearly state that if found guilty of lying it is contempt of court.

CVKTA

@patient_dream

patient_dream

OH DEAR ...... 

1: Why would you agree to pay within 28 days in your own space ?
2: There are no damages, nobody else can park in your space
3: INTEREST .... Judges don't normally allow this. 8% simply does not relate to today's rates
4: YASMIN MIA ...... does she not understand the word TRUTH ?

This is going to be another car crash for DCBL and UKPC will end up paying you money.

I would have no hesitation in putting in a counterclaim as UKPC had no reason to receive your info from the DVLA

KeithP

CVKTA said:

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

With a Claim Issue Date of 8th December, you have until Wednesday 29th December 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 10th January 2022 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'.

Jenni_D

Umkomaas said:

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.

But they're not pursuing the same claim twice. Your claim and that of your wife are entirely different claims. 

Cause of Action Estoppel would only kick in if a concluded claim against you is followed by an identical claim(s) against you at a later date.

To be clear - I was NOT suggesting estoppel on the basis of the previous claim against the OP's wife; I was suggesting it re. the other PCNs against the OP that were revealed in the SAR response/OP found when looking back.

Jenni_D

patient_dream said:

OH DEAR ...... 

3: INTEREST .... Judges don't normally allow this. 8% simply does not relate to today's rates

That figure comes from the Late Payment of Commercial Debts (Interest) Act 1998 ... https://www.gov.uk/late-commercial-payments-interest-debt-recovery/charging-interest-commercial-debt

However that act does not apply for B2C contracts. ... https://www.legislation.gov.uk/ukpga/1998/20/section/2

CVKTA

CVKTA said:

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,

Should I still send this at this stage? With the Cause of action estoppel part removed of course..?

Coupon-mad

Yes send it but give them 7 days to discontinue, or you will file a counterclaim for damages for harassment and data abuse, of not less than the amount of their claim.

Add in a short but hard hitting paragraph how this is making you feel, lay it on thick (harassment relies on serious distress).  They are trying to ruin your life and peace of mind.  Say so and describe the toll this has had on you and family life during the already distressing pandemic.

Tell them if they confirm within seven days that the claim is discontinued and ALL PCNs held against you or your wife are cancelled and your data will finally be erased, you will not pursue the counterclaim.  This has value to their client as both parties can walk away without paying each other's costs and a meritless claim is avoided (UKPC's) as well as avoiding their client's exposure to a valid counterclaim.

If the counterclaim goes ahead it will be robustly pursued and so will the Defendant's costs on the indemnity basis, for the unreasonable conduct of sitting on your data for two years then pursuing clearly vexatious action in a case where the core facts of the Defendant's family's rights have already been determined by a competent court.