UK PARKING CONTROL LTD -DCB LEGAL PCN

Lollie-pop

Hi there, I need some advice.
I received a letter of claim that was hand delivered to me (11.01.22) as it was posted through someone else address - I have not received nothing before this! I contacted DCBL legal requesting them to supply me with all information they hold regarding this so called offence, and they did not supply this to me.

The so called offence happened in 2018!  I sold the car in 2019! so not owned it for over 3 years.
I have read the newbie and followed all the links and templates, and this is where I am at.
MCOL
1. claim issues 05.22
2. Acknowledge of service submitted 05.22- received 05.22
3. My defence received 06.22
4. DQ filed by claimant 06.22
5. My DQ filed 07.22
6. My claim transferred to my local court.

7. I have now received a letter from the court that the case has already been sat before a judge (general form of judgement order)  it is ordered that the claimant sends to the court and to the defendant a fully pleaded particular of claim that complies with the below, by 05.09.22

a). whether the claim is bought under schedule 4 of the Protection of Freedoms Act 2012
If so 
b) by reference to the definition of relevant obligation in paragraph 2 schedule 4 to the POFAct 2012, whether it is alleged that the claim is based on a relevant obligation;
i) arising under the terms of relevant contract or
ii ) arising, in any circumstances where there is no relevant contract, as a result of a trespass or other tort committed parking the vehicle the relevant land
c)  If a contract is alleged, what wa the consideration provided by the claimant and what was the breach of contact.
d). If no contract is alleged, what was trespasser other tort committed by parking the vehicle on the relevant land.
If the claim is not bought under the POF Act 2012,
e) The cause of action and how it arose
f) If the cause of action is breach of contract, the parties to the contract, the consideration provided by the Claimant and the alleged breach of contract.

3. If the claimant fails to comply with the above direction, the claim will be struck out automatically and without further order.
4. If the Claimant complies with this Order the Defendant may by 4pm 19.09.22 send the court and the Claimant solicitors defence in substitution for the existing Defence
5. At the expiry of the time limit 4 the role will be transferred back to [ the judge who made this order] for further case management.
6. This order was made with our a hearing pursuant to civil procedure rules part 3.3(4). You have the right to make an application to the court to vary(change) or set aside  (cancel) this order, but you must do it within 7 days of you getting this order.

8. The claimant have filed POF Act 2012 to the court and email to me.  Cut a long story short, states not parked within bay, and as I (was ) the registered keeper they are chasing me for the fine.

I'm not sure what I need to do now. I'm so confused, I've read so many different  posts and have followed the Newbie but I am lost! can someone tell me what link I now need to follow please, or do I just resubmit my original defence.


In my defence, I stated the Defendant was the registered keeper of the vehicle and the defendant doesn't know who was driving, and the Defendant denies being the driver.
The defendant did not get any letters prior to the "letter of Claim, and that it was hand delivered by an ink now person who stated it was posted through their address. I also mentioned that I contacted DCB Legal requesting all info they hold on the vehicle.

( my street generally has problems with post being delivered elsewhere, as there is a road with a similar name ) unfortunately I didn't mention this in my defence.

I know that the car park in question no longer has any parking restrictions in place as the company went bust  a couple of years ago and UKPC its no longer manage it.
 

Coupon-mad

Let me guess...Warwick or Southampton court area?  They have switched-on Judges!  Well done to that Judge.

What you have to do next, is in that Order. What did your defence say, exactly?  Was it thorough and covered ALL bases, or do you want to seize the chance to improve & change it?

Did you use our template defence or was it short and/or rushed?  If so then you can re-do it, thanks to this Judge.  If this (below) was all you put, then I'd start again with the Template Defence instead:

In my defence, I stated the Defendant was the registered keeper of the vehicle and the defendant doesn't know who was driving, and the Defendant denies being the driver.
The defendant did not get any letters prior to the "letter of Claim, and that it was hand delivered by an ink now person who stated it was posted through their address. I also mentioned that I contacted DCB Legal requesting all info they hold on the vehicle.

That's not a solid defence. But we'll help you tweak the Template Defence instead.

Once you have re-done your defence, then prepare for what comes next. Do some prep by reading the threads by @Daiapolon2021 and @aphex007 which show you what a recent WS bundle contains and looks like.  That will be your next stage before the hearing.  

Fruitcake

You now have the opportunity to send an amended defence to answer the claimants amended claim. If you don't, your defence as originally submitted will stand and you will be given a hearing date, and a date prior to that to submit your witness statement and exhibits.

If you want to add, change, or remove anything from your defence you have until the 19th to do so and resubmit it. Again, you will then be given a hearing date, and a date prior to that to submit your witness statement and exhibits.

The question therefore is, do you have anything you want to say to address the claimant's new particulars of claim? 

What have they actually alleged this time? Have they addressed everything requested in the judgment order? Was the NTK PoFA compliant? If not, did you state this in your defence?

Have you read the template defence sticky Announcement because I believe you now have the chance to include anything and everything from that template that you didn't previously include?

KeithP

Hello and welcome.

This is good news. Clearly the Court didn't like the Claim as it was presented by the Claimant.

So the Claimant has to, by 5th September, send to you and the court, a revised Particulars of Claim.

Have they done that?
I.e. did you receive the revised PoC by 5th September?

If they did do that, then you now have until 4pm on Tuesday 20th September - Monday 19th September being a Bank Holiday - to provide a revised Defence.

If you have still not received the revised PoCs, then you must point this failing out to the court.

Lollie-pop

Thank you Fruitcake for your speedy response.

I am not sure if I should add that the car park in question is no longer controlled by UKPC Ltd and landowners went bust so I can't verify that if there was any signage there! UKPC have still not supplied me with any documents showing the so called offence!

Lollie-pop

Thank you 
Coupon-mad,  not either of those court, no I don't have a court date yet. I will give those links a read. I don't have any witnesses. 

KeithP

Lollie-pop said:

I don't have any witnesses. 

You are a witness.
You will be providing a Witness Statement together with evidence.

Lollie-pop

KeithP
Thanks, how stupid of me. 

Lollie-pop

KeithP 
Hello and welcome.

This is good news. Clearly the Court didn't like the Claim as it was presented by the Claimant.

So the Claimant has to, by 5th September, send to you and the court, a revised Particulars of Claim.

Have they done that?
I.e. did you receive the revised PoC by 5th September?

If they did do that, then you now have until 4pm on Tuesday 20th September - Monday 19th September being a Bank Holiday - to provide a revised Defence.

If you have still not received the revised PoCs, then you must point this failing out to the court.


Yes the claimant filed their revised POC, I received it on the 01.09.22

Fruitcake

Lollie-pop said:

Thank you Fruitcake for your speedy response.

I am not sure if I should add that the car park in question is no longer controlled by UKPC Ltd and landowners went bust so I can't verify that if there was any signage there! UKPC have still not supplied me with any documents showing the so called offence!

I am not a legal, but I wonder if the fact that the landowner company went bust before the claim was issued has any bearing on the matter. Whilst UKPC might have had the right to pursue PCNs to court beforehand, I cannot see how they can still have that right now. They cannot be acting for the landowner now the company has gone bust.

It's certainly worth including that point.

As for the documents you have requested, did you send a SAR to UKPC's DPO? If not, you need to do that asap. You will need to include non-photo proof of ID.

In their absence, you should state that the claimant's NTK is not PoFA compliant and put them to strict proof that the contrary is true.
Did you include inadequate signage in your defence? UKPC's signs are always inadequate, deliberately so in my opinion, because the charge for breaching Ts and Cs is never prominent, and always in tiny font.

Lollie-pop

You now have the opportunity to send an amended defence to answer the claimants amended claim. If you don't, your defence as originally submitted will stand and you will be given a hearing date, and a date prior to that to submit your witness statement and exhibits.

If you want to add, change, or remove anything from your defence you have until the 19th to do so and resubmit it. Again, you will then be given a hearing date, and a date prior to that to submit your witness statement and exhibits.

The question therefore is, do you have anything you want to say to address the claimant's new particulars of claim? 

What have they actually alleged this time? Have they addressed everything requested in the judgment order? Was the NTK PoFA compliant? If not, did you state this in your defence?

Have you read the template defence sticky Announcement because I believe you now have the chance to include anything and everything from that template that you didn't previously include? 


Hi Fruitcake

I never received anything from UKPC until in received the Notice of Claim. so no NTK was not compliant.
I used the the template on the newbie March 2022,
and added my defence to it section 2/3, and left everything else in, up to and including 27, then statement of truth. so unsure regarding you question.