Letter of claim DCBL/UKPC

teddyinwonderland

I tried getting in touch with JLL but not sure who’s the best person to speak to. Does anyone have any idea?
Also managed to get in touch with my local MP who agreed to represent me, would that be a big plus for me and leave everything to them?

Coupon-mad

You can't leave everything to an MP because they might muck it up (all they can do is write a letter and most don't have much of a clue about the issues and believe what a PPC tells them) AND they can't represent you when you get your court claim.

teddyinwonderland

Thought they might be useful. 

What about JLL, I emailed probably everyone I could find their email online.  And only one person responded.What department deals with parking companies?

teddyinwonderland

Me again..I think I’ve just been palmed off to different people and companies ..
I spoke to Matthew Chambers from JLL who said he had no connection to the retail park and sent me to EHS 


Giles Pickford from EHS said they’re only letting agents and Fidum is who I need to speak to 

Richards Hopkins from Fidum said they have no relation to UKPC anymore 

Are they just trying to palm me off to people? I’m not sure who I can speak to anymore. Is it worth going to the store I visited and speak to the manager?

Coupon-mad

 Nope, looks like they helped you find the right agents, Fidum, who are merely saying they can't now (2years on) cancel a PCN from the old parking firm who they no longer have any relationship with.

teddyinwonderland

so all I can do is wait for court claim now?

Coupon-mad

teddyinwonderland said:

so all I can do is wait for court claim now?

And do a good response to the DLUHC's final Public Consultation of course.  Your voice is important.

All covered in the top thread by MSE_JC in a reply I put there. Obviously to make sure you get alerted when the Consultation opens you need to bookmark that thread after reading & understanding it, AND enable email alerts on your profile for new posts on bookmarked threads.

teddyinwonderland

Hello everyone 

I’ve had few updates since last time I posted on here…

I got in touch with Richard wynn-Davies who is the person that signed the contract between the landowner and UKPC who said:

“Apologies for the delay in responding, I have been away on leave

I can confirm that any costs they are pursuing would be for the benefit of UKPC only as our agreement has ceased. Legal proceedings issued would be on UKPC's own behalf and strictly not on behalf of the landlord.

Unfortunately I am surveyor so do not know intricacies of how the contract works when it comes to legal proceedings after the contract has terminated but when the PCN was issued in contract. I can confirm that the contract gave UKPC had a right to issue PCN's for breaches in parking regulations. UKPC were also authorised to take action to pursue recovery of PCN's, including but not limited to instigating court proceedings.”

Then my MP forwarded me the email they received as a response from DCBL where they claim I parked across two disabled parking bays where in emails to me they just say one plus on photo evidence from them you can’t really see it’s a disabled bay, just the lines?

However I’ve just got back home and I saw the claim form from the county court business centre

However it says: 

Particulars of Claim

1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle xxxxxx at Brooklands Retail Park port Road,cardiff, cf5 6xj 2. The PCN details are 26/02/2020.1459800571617 3.The PC(s) was issued on private land owned or managed by C.

The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s).4. The driver agreed to pay within 28 davs but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The Contract entitles

C to damages.

AND THE CLAIMANT CLAIMS

1. £160 being the total of the PCN(s) and damages. 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts

Act 1984 from the date hereof at a daily rate of £0.02 until judgment or sooner payment. 3.

Costs and court fees

…

I didn’t agree to paying anything or that’s just something they say? 

Moreover they added “legal representative’s costs of £50 although someone from DCBL replied to me saying that in the £160 they initially claimed from me “ charge of £60.00 has been added to the sum as per the contractual costs outlined on the signs, as the Claimant has had to go to the expense of instructing debt collection agencies to recover the debt.” 

Anyway, I wanted to make sure I’m doing everything right, am I just completing the acknowledgement of service asap and then write my defence within 28 days? 

Umkomaas

Take that claim form down - it shows your claim number and your password which will allow anyone to write a defence, and we've seen malicious ones written by bad people. It could be costly for you. 

KeithP

teddyinwonderland said:

I didn’t agree to paying anything or that’s just something they say? 

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

Your Claim Number and MCOL password are clearly visible on that image you have shown us. Also showing is your vehicle's Registration Mark and the full PCN reference numbers. Almost enough information for someone to file a rubbish Defence on your behalf.