UKPC / DCB Legal - Part 2 - I WON IN COURT

IloveElephants

Hi Everyone,

Another twist in the tale.... I just seen this letter and it was dated 16th Jan and Most likely landed through the letter box on the 18th-19th Jan.. By that point my WS was already submitted.


Well it looks like UKPC has 3 PCNs for this particular carpark, Jack straws castle. In total all 3 PCNs are 14 days apart. This letter is for a pcn 5 days after the x2 relating to this thread.


Why did UKPC not do this as a single claim as all the particulars are the same, same carpark, same vehicle, same driver. They are timing the chain letters at different stages to generate more revenue.  

Thank you everyone.

Mouse007

I expect everyone will be piling in with Henderson v Henderson now

Easy kill, I've got my pop corn

IloveElephants

Mouse007 said:

I expect everyone will be piling in with Henderson v Henderson now

Easy kill, I've got my pop corn

Hi Mouse, thanks for your comment. Its a shame I have already submitted my WS last week or I could have mentioned they keep sending me more letters and its causing distress to the other older family members living at the house. 

They sent me a letter of claim for pcn 3 for the same carpark/location/vehicle 

pcn 3 is 5 days after pcn 2 according to their timestamp.

They have timed it like this to split the claim into 2 as opposed to a single claim. 

Fruitcake

Definitely go with cause of action estoppel and henderson v henderson.


If you put cause of action estoppel or just estoppel into the forum search box it will pull up lots of information about it.

IloveElephants

Fruitcake said:

Definitely go with cause of action estoppel and henderson v henderson.


If you put cause of action estoppel or just estoppel into the forum search box it will pull up lots of information about it.

I am so tempted to write to UKPC and mention Cause of action estoppel and Henderson v Henderson.  dcbl need to refer back to their client as there is no reason to go to court again, and their client should have properly checked their database and advanced the claim together as a whole, when they had the chance. Henderson v Henderson is the case law that prevents this sort of abuse.



My WS that I submitted has no mention of Cause of action estoppel and Henderson v Henderson. Can I still mention this in court even if its not in my WS?



Thanks for your comment Fruitcake.

I will make notes on both and arm myself for my court date to bring these up. I will mention to the judge I received this letter dated 16th Jan.... and all the particulars/facts are the same to the 2 pcns in question.. They can't split alleged debt up across several claims turning on precisely the same duplicate facts.

 Further, the Defendant seeks an Order that this claim be struck out, on the basis of cause of action estoppel.

How shall I play this now?

"reply and remind dcbl to issue ONE claim or the other will be struck out due to cause of action estoppel, "

Fruitcake

Write to/email the claimant and DCBL mentioning estoppel and henderson v henderson straight away, and that it is unfair to issue yet another PCN/claim with identical particulars.

At the hearing, use the the Consumer Rights Act 2015 Section 71 that fairness in contracts can be brought up in court even if it has not previously be mentioned during proceedings, and that issuing yet another claim with identical particulars is unfair and a breach of court protocol as determined in Henderson v Henderson.

Le_Kirk

You could send a supplementary witness statement to the court (and copy to claimant/solicitors of course) outlining what you have received since you submitted your WS and point to the underhand methods being used by the claimant.

IloveElephants

Thank you Fruitcake. I did write to both stating what you wrote. 

IloveElephants

Le_Kirk said:

You could send a supplementary witness statement to the court (and copy to claimant/solicitors of course) outlining what you have received since you submitted your WS and point to the underhand methods being used by the claimant.

Thanks LeKirk, I will get onto writing a S WS, thanks for the idea

patient_dream

IloveElephants said:

Le_Kirk said:

You could send a supplementary witness statement to the court (and copy to claimant/solicitors of course) outlining what you have received since you submitted your WS and point to the underhand methods being used by the claimant.

Thanks LeKirk, I will get onto writing a S WS, thanks for the idea

As Le_Kirk says.
Once they see the WS, they realise the scam is over. It's either court where there is a judge with a spanking stick ready an waiting or they chicken out.

Before that, a copy and paste letter telling you their client will proceed and in the same letter a "without prejudice" paragraph telling you that in the interests of the court their client will offer you a deal ?

With all their discontinuations, they have no interest in what a court thinks.

THIS IS ONE LETTER TO IGNORE which is really just a worn out record

THEN YOU WAIT .......