Letter of Claim received for PCN from 2018 - DCB Legal Ltd representing Parking Control Limited

Firestrumer

Hi Me Again!

After the sound guidance provided me a while back I just want to make sure I understand the process and share my activity.

Received a Letter of Claim dated 10th December from DCB Legal for a PCN in 2018 for £160 (£100 charge + £60 debt recovery costs) and indicating interest at 8% will accrue.

Actions so far:
- SAR submitted 
- 'On hold' for 30 days email sent

The SAR came back with information on the PCN in their letter.  Just the basics with pics of the vehicle, PCN, and previous correspondence.  No pictures of signage at the time.

Interestingly the SAR uncovered another PCN for the same car park, but from a different date in 2019, which has not been included in the PCN Schedule in their Letter of Claim.

I have no recollection of who the driver would have been on either occasion.

My understanding of next steps is:
- Complain to land owner
- Wait for Claim Form and prepare a defence

Is that correct?

All the best

Firestrumer

Redx

I presume that this one is different from your previous successful thread ?

It is correct , sit back , gather your evidence , do plan A , and wait

Firestrumer

Hi Redx - Yes, different.

Merry Christmas!

Firestrumer

Hi All

No specific update on this one, however, when I received the information from the SAR, they shared details of a 2nd PCN.

Today, I've received a Letter of Claim on this second PCN from a different solicitor, so SAR submitted and 'On hold' for 30 days email sent as per above.

What is the collective view of this approach by Parking Control Ltd, engaging 2 solicitors for different PCN's?  My understanding was they should have bundled them up into a single case before sending the LoC.

Cheers!

Le_Kirk

They should advance their whole claim in one not piecemeal!  Depends upon the timing of each incident I suppose.  How long between individual PCNs?

Firestrumer

Aug 2018 & Oct 2019.  It's not like they didn't know about them!

Coupon-mad

For specific wording about two claims for identical circumstances, search the forum for Henderson cause of action estoppel.

Firestrumer

And so it begins.  Claim form arrived, now with QDR Solicitors representing. 

Interestingly the numbers are totting up
- Amount Claimed - £182
- Court fee - £35
- Legal costs - £50
- Total - £267

Still no reference made to the other PCN.

 

Umkomaas

In the 'Amount Claimed' they have included £70 debt recovery/admin/contractual costs. A Judge will kick those into touch.

In regard to the second case, you must, in every communication with QDR and the court, bring this to the fore and require a consolidation. I presume you're now au fait with 'Henderson estoppel'?  You'll add weight to your consolidation request by quoting from it. 

Firestrumer

Umkomaas said:

In the 'Amount Claimed' they have included £70 debt recovery/admin/contractual costs. A Judge will kick those into touch.

In regard to the second case, you must, in every communication with QDR and the court, bring this to the fore and require a consolidation. I presume you're now au fait with 'Henderson estoppel'?  You'll add weight to your consolidation request by quoting from it. 

Thanks UMKomaas
Reading Henderson now and including reference to the other case

KeithP

Firestrumer said:

And so it begins.  Claim form arrived, now with QDR Solicitors representing.  

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