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

IloveElephants

patient_dream said:

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 .......

Thanks for your comment Patient Dream, yes I will work on the supplementary WS tomorrow, and send it to all parties. 

IloveElephants

Hi Everyone, if someone could please see my Supplemtary WS and I can make necessary adjustments before I submit it. Thank you everyone.

IloveElephants

Hi Everyone

I have my suppletory WS, this is in plain English and straight to the point. Am I missing anything? Thank you so much. 

In the County Court INSERT LOCATION        Claim Number: JYF,FY,FYFY

                             UK PARKING CONTROL LIMITED (Claimant)

 

V

 

                                           MR JOHN SMITH                                                                                                (Defendant)

 

 

SUPPLEMTARY WITNESS STATEMENT OF DEFENDANT

I am INSERT NAME of INSERT ADDRESS and I am the defendant against whom this claim is made. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge. I am the registered Keeper in this case. I am unrepresented, with no experience of Court procedures. If I do not set out documents in the correct way, I trust the Court will excuse my inexperience.

    This is a SUPPLEMENTARY witness statement in addition to the witness statement I had submitted on INSERT DATE.  In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate.

 

Sequence of events and signage

 

 

 

1.    The car park for Location INSERT LOCATION is not known to the defendant and had never been visited prior. The claim refers to an incident involving a vehicle insert reg number on DATE at DATE at TIME  at the location of Jack Straws Castle, North End Way, London, NW3 7ES. In the absence of visible signage requiring the defendant to pay or display a ticket or permit, the car was left, and the defendant went about their business.

2.    On the 21st January 2023 the defendant received a copy of a letter titled “Letter of claim” dated 16th January 2022 from DCBL (SEE EXHIBIT 1)

3.    The letter says the claimant UKPC and is for a pcn on the INSERT DATE for the same particulars, same carpark, same vehicle and same reasons.

4.    All 3 pcns from this claimant are within a 14 day period for the same particulars.

5.    The letter sent by dcbl legal on the 16th January 2023 says the defendant must pay £170.00. The Consumer Rights Act 2015 Section 71 states that fairness in contracts can be brought up in court even if it has not previously been 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.

6.    Cause of action estoppel and Henderson v Henderson. Claimant creating duplicate claims abusing the court system.

 

Statement of truth:

 

I believe that the facts stated in this Witness Statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

 

 

SIGNATURE

 

 

Mr INSERT NAME

Date: …23/01/2023

 

EXHIBITS

 

(UPLOAD 2 PAGES OF LETTER RECEIVED)

 

EXHIBIT 1 (Cause of action estoppel and henderson v henderson.) Claimant creating duplicate claims for the same particulars to generate more revenue. 

 

Coupon-mad

£170.000?  That's a lot!

IloveElephants

Coupon-mad said:

£170.000?  That's a lot!

Hi Coupon-Mad, now corrected, thanks for pointing that out. Other than that is it fine for me to tidy up/formatting and submit? Thanks for your time. 

Fruitcake

Perhaps add the reason for submitting the supplementary WS is due to the claimant's unreasonable behaviour in issuing yet another claim just a few days before the court hearing date, which is unfair and and abuse of the court procedure.

A solicitor's first duty is to the court, not their client, therefore DCBL Limited should have advised their client not to proceed with a separate claim having identical particulars to the existing claim.

IloveElephants

Fruitcake said:

Perhaps add the reason for submitting the supplementary WS is due to the claimant's unreasonable behaviour in issuing yet another claim just a few days before the court hearing date, which is unfair and and abuse of the court procedure.

A solicitor's first duty is to the court, not their client, therefore DCBL Limited should have advised their client not to proceed with a separate claim having identical particulars to the existing claim.

That is brilliant, thank you so much Fruitcake, I will add those paragraphs to my WS and submit it. Thank you 

IloveElephants

Hi everyone, shall I add this to my supplemtory WS at the exhibit at the end?

https://www.bbc.co.uk/news/uk-england-lincolnshire-34220908

A screen shot of this article 

"

UK Parking Control admits staff altered photos to increase fees"

Umkomaas

IloveElephants said:

Hi everyone, shall I add this to my supplemtory WS at the exhibit at the end?

https://www.bbc.co.uk/news/uk-england-lincolnshire-34220908

A screen shot of this article 

"

UK Parking Control admits staff altered photos to increase fees"

Have they altered photos in your case?

IloveElephants

Umkomaas said:

IloveElephants said:

Hi everyone, shall I add this to my supplemtory WS at the exhibit at the end?

https://www.bbc.co.uk/news/uk-england-lincolnshire-34220908

A screen shot of this article 

"

UK Parking Control admits staff altered photos to increase fees"

Have they altered photos in your case?

No they have not but who knows if they have? I see your point however its not applicable for my particular case