Recieved a Claim form from UKPC need help on how to proceed

Kellavra

Hi, spent the last few days reading and the info overload kinda led me to just posting. 

The story in as brief as possible terms is as follows. 

Lived in my moms flat during the pandemic (July 2020)  my girlfriend now wife Parked in the security gated underground car park in which we have a designated space, while we unloaded stuff and i went upstairs to get the parking pass. 

We got a pcn in the time we went upstairs and came back down. 

The Management company told me there was nothing they could do. I checked online on a forum and they told me to ignore it so i did. 

anyways now 2 years later and a few scarily worded but toothless DCA letters later they sent a Claim for the county Court business centre in northampton. which after doing my googles is clearly legit. 

So I'm unsure how to proceed now? 

Should i contact the management company and ask them to contact UKPC and get removed ( which wont help but i guess would butress my point about the legality of my position ? 

Also she never received a Letter before claim. 


sorry if it seems like i need some hand holding but im just searching for clarity as i dont see why i should pay £300 (approx) because I parked in my space for 15 mins without a permit ? 

Umkomaas

1. Date of Issue on court claim form?  

2. Has the claim been acknowledged (AOS), if so on what date?
3. Against whom has the claim been made?

How to deal with a court claim is detailed in the NEWBIES FAQ Announcement, second post, and the Template Defence Announcement, first post. Follow those steps and post your draft defence (only the bits you've written, not the whole defence template) for critique. 

As it's UKPC, can you confirm that DCB Legal are representing them?  If that is the case, have a read of this thread.

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Kellavra

It's DCB Legal Representing them. 

the date of Issue is the 12th of September 
I havent acknowledged it yet i know i have 19 days so was waiting to get my ducks in a row first. 
And the claim was Against my Wife. 


Will Also Read and be back t

KeithP

Kellavra said:

the date of Issue is the 12th of September 
I havent acknowledged it yet i know i have 19 days so was waiting to get my ducks in a row first. 
And the claim was Against my Wife. 

With a Claim Issue Date of 12th September, you have until Monday 3rd October to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 17th October 2022 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Everywhere I have written 'you' or 'your' I do of course mean the named Defendant.

patient_dream

As Umkomaas highlighted, it is UKPC and DCBL ?

UKPC in general have the most rubbish claims which DCBL are sucked in to.  It does take a while before DCBL realise it's rubbish, sometimes it's too late and they get spanked by a judge

Read the Umkomaas thread above and wonder why ?

Le_Kirk

Kellavra said:

It's DCB Legal Representing them. 

the date of Issue is the 12th of September 
I havent acknowledged it yet i know i have 19 days so was waiting to get my ducks in a row first. 
And the claim was Against my Wife. 

Read the advice (and dates and deadlines posted by @KeithP) and you will see you have a bit more time.  Make sure that the AoS and the defence is done in the name of and signed by the named defendant.  You can help but the defendant (your wife) must sign.

Kellavra

Hi Quick update and then clarification needed please

Update
completed AOS

Clarification
writing a SAR per the newbies thread, As its a proper claim not a LBC should i still email the Lawyers and ask for the 30 days as well ? 

My wife also wasnt sent an LBC from everything we can tell. so is it okay to put that down in my defence as well or will we be punished for speaking erroneously. 

Fruitcake

It's too late to put the case on hold for 30 days.

Briefly add that the PPC didn't follow the pre-action protocol for debt claims by failing to send a letter of claim beforehand.

Complain again to the landowner/manging agent and you MP. Ask the MA for the contact details of the person who will be attending court as a witness.

Umkomaas

I am seeing the word 'I' appear often in the thread. You do of course (?) mean 'my wife', don't you?  You can help with the preparation, but nothing is to have your name on it. Everything in your wife's name. 

Apologies if it is your intention to append your wife's name to all paperwork, but we've seen some disaster cases where a well-meaning spouse/partner has screwed everything up by putting things in their own name, so thought I'd just do a safety-first heads up!

Kellavra

Hi so back, Ive sent off the SAR,  
Written up a CPR 31.14 but not sure if im spsd to send it in this case ( also wasnt sure i wanted to email the solicitor) 
 
finishing up my defence and will share it here .. then send it off probably thursday. 

I got back the SAR and theres loads of pictures of inside the car but not where the ticket fell coincidentally. 


I also got my mother to email the MA & got this as a reply 

  "Sorry but I will not be able to help on this has it has gone to court and it is over 2 years old. Please can you advise why it has took this long to inform me as if this was given error I might have been able to resolve thanks."

 

I intend to send this back on her behalf but want another opinion before i do 

 "I spoke to my son he said he called and spoke to you about it and you refused to help. He told me earlier but it was during the pandemic and we had a family bereavement so It honestly must have slipped my mind. Also spoke to my solicitor and they indicated you can actually do something about it if you contact them, the time shouldnt matter. "

thank you again! 

KeithP

Kellavra said:

 
finishing up my defence and will share it here .. then send it off probably thursday. 

It is not your Defence, it is your wife's Defence.

I've just picked this one sentence out of your latest post. 

It has been mentioned before, so please forgive me for repeating it...

It is most important that that everything is done in the name of the named Defendant.