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UKPC/DCB Legal county court claim
Im having a little issue with DCB legal. Ive had a pcn issued from UKPC back in 2016. According to them ive parked my car on a private property managed by them (public car park in hatfield). When i recieved the letter from the court i followed the instructions on the letter and put down my defence that yes my car had been parked there as i was staying in the travelodge which is using the car park mentioned. After that i've had DCB contacting me asking for the proof which i provided them with unfortunately they wouldnt accept it as the invoice provided was stating different name to mine (room was booked by my friend and the invoice was in her name). So ive been told by DCB that they will carry on with my case as i have no proof that i was infact a guest as the hotel on the date of pcn. and couple of days later ive recieved another letter of claim from DCB about another fine from 2018. After a little research i manage to find this forum and a step by step guide on how to proceed with the new case. ive already requested SAR and recieved in total 4 PCN's quote from the email from them "Thank you for your subject access request dated 01/12/2021. Please note there are 4 parking charge notices against you, two of which are in Legal Action and two with Debt Recovery." so i asked for 30 day extension on the second pcn claim so i can deal with the first one. Unfortunately my defence for the first claim hasnt been as well written as the templates on this forum, as ive never been in a situation like this and i thought after providing them with the invoice of the booked room that this will be enough of evidence to drop the case instead of carrying it on. Seems to me as they dont care about anything else just a way to get other peoples money. So im here to ask for your advice regarding my first case and ask few questions and what to do next.
1.Is there any way of me editing my first written defence and replacing it with a template provided on this forum?
2.any ideas why i cant log in onto the MCOL website with the claim number and password provided?
3.i have 4 witnesses that will state that i was infact the guest at the hotel on the day mentioned including the person that booked the room for me
4. the picture quality provided by UKPC for the signuage are so terrible that i cant even make out what it says on them isnt there a rule which states that for the photographic evidence they have to be at least readble by the court?
5. how is it that on the NTK the amount owed is £90 and on the court letter turnes out to be £190.03 + £85 court and legal fees?
Comments
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1) no , not really , it costs money to replace or alter a submitted defence , over £100 , so probably not worth it , so you need an excellent witness statement in the future
2) ring them up tomorrow and ask , after 9 am
3) get signed and dated witness statements from all of them , ask them if they will attend the hearing too , plus ask the hotel or landowner for written confirmation too
4) the pictures are usually dark due to being anpr , just to read the number plate (VRM )
Read the anpr cameras blog on parking pranksters website for info
Signage forms the contract , so if their evidence is poor , point it out at the right time
5) spurious additional charges , usually debt collection , plus full interest , the defence template objects to these spurious charges
Ps , if UKPC monitored the car park , it's a private car park , open to the public , not a public car park !
PPS , the claimant should file only one Court claim for all outstanding charges , not piecemeal , so !ook up Henderson versus Henderson estoppel1 -
1.Is there any way of me editing my first written defence and replacing it with a template provided on this forum?
No, but why do you want to do that ?
2.any ideas why i cant log in onto the MCOL website with the claim number and password provided?
No good reason apart from a busy site. Even government sites are not perfect
3.i have 4 witnesses that will state that i was infact the guest at the hotel on the day mentioned including the person that booked the room for me ?
Do you have receipts ?
4. the picture quality provided by UKPC for the signuage are so terrible that i cant even make out what it says on them isnt there a rule which states that for the photographic evidence they have to be at least readble by the court?
UKPC signs are terrible. The BPA claim they audit their members .... who are they kidding ?
5. how is it that on the NTK the amount owed is £90 and on the court letter turnes out to be £190.03 + £85 court and legal fees?
SIMPLE FACT .... DCBL ARE SCAMMING YOU WITH FAKE ADD-ONS
With the fake add-on (apart from court fees) how do they explain this stupidity ?
You can see the stupidity of this legal here
DCBL letters ... forum group thread
https://forums.moneysavingexpert.com/discussion/6237177/dcbl-letters-forum-group-thread#latest
Was yours yet another fake clainm signed by some odd ball called YASMIN MIA ?2 -
5. how is it that on the NTK the amount owed is £90 and on the court letter turnes out to be £190.03 + £85 court and legal fees?
Because 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/
You never know how far you can go until you go too far.1
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