UKPC have taken me to county court through DCP legal, I need HELP!

Taz86

OK Guys I posted on this forum when I was issued the original PCN in 2018, please read the original post below so you know my situation before answering, Thank you.

https://forums.moneysavingexpert.com/discussion/5844714/help-ukpc-and-drp-trying-to-con-me-and-being-open-about-it

Today I got a official claim form from County Court Business centre asking me for the payment of £314.20, issued on 23-12-22, the claimant is DCB Legal and they are claiming for the same PCN.

Break down of claim,

Amount claimed: £160 + Damages, 8% interest per annum and daily rate of 2p totalling £229.20
Court fee: 35.00
Legal representative costs: £50
Total: £314.20

On the particulars of claim, they have stated that I Agreed to pay within 28 days, which I never did, nor did I ever receive any correspondence between me and UKPC about the so called goodwill of £15 mentione in OP, that they are claiming for, only after the grace period this £15 was brought up when DRP sent me the first letter, and DCP only sent me there first letter in 2022 and claiming to be pursuing the PCN since 2018, prior to that I has a few letters from DRP and zenith bit never from DCP.

Anyway guys what should I do, I'm now in a legal battle with these guys and I really need help as I am a new father, and this is really not affordable for me to pay, I'm not that legally versed, but I do know UKPC is known to be a shady company and uses poor practices to fleece people out of there money so how do I fight this I have time to write a defense and all help will be appreciated.

Thank you,

Taz86

OK guys made a mistake, UKPC are on the letter and here is also a picture of the claim form sent to me, with all my personal information redacted.

Half_way

it may be best to continue that post you linked to, in that post please can you answer this question , based on Quintins post

Everyone is politely asked not to start a new thread until after reading up on this in the newbies faq thread near the top of the forum


Go there now to learn about the game you are now caught up in.


#4 there covers the debt collectors stage you are now in


You ignore everything except a LBCCA or court correspondence


They have 6 years to start legal proceedings against you


If it comes to that then come back at that time for advice on how to defend it

This bit is key:

 "You ignore everything except a LBCCA or court correspondence

So what other letters did you get? you should have had a letter before action/court correspondence before the stuff you just posted, what happened?

Taz86

I can't post on the original Post, as the post is closed or else I would have continued on there if I could.

This is the first court letter I got, and I started to receive correspondence from DCB with the same legal jargon that the previous letters from DRP and zenith sent me in 2018 when they first started this matter with myself, I contacted DCB and asked them to stop harrasing me with the same threats that prior companies had used, then I received this from the County court today, I have up until the 11th to put in my defense or I can contact DCB and make payment to resolve the issue at hand.

I'm sorry but this Forum is a little difficult for me to use, and I apologise if I'm doing things wrong please give me the links and where to read so I don't come of as ignorant, as I can not find the newbies faq thread.

Thank you,

Coupon-mad

On the particulars of claim, they have stated that I Agreed to pay within 28 days, which I never did, 

https://forums.moneysavingexpert.com/discussion/6375049/claim-form-received-for-pc-claim-accuses-me-of-agreeing-to-the-pay-i-dont-remember-agreeing-this/p1

https://forums.moneysavingexpert.com/discussion/comment/79601020#Comment_79601020

https://forums.moneysavingexpert.com/discussion/comment/79391679#Comment_79391679

https://forums.moneysavingexpert.com/discussion/comment/79703447#Comment_79703447

A non-point. But it's easy to defend.

KeithP

Taz86 said:

On the particulars of claim, they have stated that I Agreed to pay within 28 days...

No it doesn't. It says the driver agreed to pay.
Please be careful with what you write on a public forum. You have just told the world, including UK Parking Control Ltd and DCB Legal Ltd, exactly who was driving on that eventful day.
Do you understand that a keeper has more protection in law than a known driver?

With a Claim Issue Date of 23rd December, you have until Wednesday 11th January 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 Wednesday 25th January 2023 to file your Defence.

That's 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 guidance.

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'.

Umkomaas

I thought I'd draw your attention to this fairly recent thread which you might have not yet seen. You must keep going through all the necessary court procedure phases, but the hope is that your case will follow the same pattern as all those detailed in the thread. 

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

Not a reason for complacency, so crack on. 

patient_dream

Heads up on this cliam.  THE WORD DAMAGES IS FAKE

The claim is based on a ticket dated 28/02/2018 being £100 .. NOT £160

THE CONTRACT ENTITLES THE CLAIMANT TO DAMAGES ?

I very much doubt this especially when UKPC signs are impossible to read unless you or a judge has a magnifier

Here is a UKPC sign, the picture taken in 2019. 


Not only does this sign not clearly display the amount of the charge (except in tiny print) ...... IT DOES NOT STATE DAMAGES. 

The signs form the contract.  If a 2019 sign does not state damages, you can guarantee that a 2018 sign does not

Back in 2018, the BPA code of practice made no mention of damages and certainly UKPC are not entitled to damages as they operate as agents. Any damages claimed will be by the landowner ..... but the claim does not say that does it

DCBL will need to provide proof TO THE COURT that the sign in 2018 actually said DAMAGES.  Any such picture cannot be a photocopy, it must be the orginal such as a Jpeg file where meta data can be read

Damages is simply a fake word in a feeble attempt to extort more money. 
Unless DCBL can prove beyond doubt and to the satisfation of the judge that the sign at the time of the ticket issue, clearly showed the word damages then the next question is why Yasmin Mia has signed as a statement of truth that the claim is actually true ?

A county court is a small claims court, it's function is not to include fakes

Taz86

I have filed acknowledgement of services as KeithP stated and now have more time to mount up my defense, as I have been in correspondence with the claimant prior to getting on here (due to not knowing better), I don't think most the defenses that are written on here can help, my claim is quite different to a lot of people's as UKPC acknowledged a mistake had been made when a ticket was issued to me they offered me to settle for £15 which was a insult after admission of a error, i find that they are using this as a means to fleece me out of money and it is quite predatory, knowing that most people are having a hard time due to cost of living crisis, and they could have sorted this matter in 2018 when the ticket was first issued. I need help on how to word up my defense as all details of my issue are available in my original post.

patient_dream

Taz86 said:

I have filed acknowledgement of services as KeithP stated and now have more time to mount up my defense, as I have been in correspondence with the claimant prior to getting on here (due to not knowing better), I don't think most the defenses that are written on here can help, my claim is quite different to a lot of people's as UKPC acknowledged a mistake had been made when a ticket was issued to me they offered me to settle for £15 which was a insult after admission of a error, i find that they are using this as a means to fleece me out of money and it is quite predatory, knowing that most people are having a hard time due to cost of living crisis, and they could have sorted this matter in 2018 when the ticket was first issued. I need help on how to word up my defense as all details of my issue are available in my original post.

More power to you .... At the time UKPC did not mention DAMAGES. Bet DCBL did not know that ?

YES, they could have sorted this out in 2018 but now they wish to waste the time of the court assisted by DCBL .....  JUDGES FROWN ON THIS

Le_Kirk

Taz86 said:

I have filed acknowledgement of services as KeithP stated and now have more time to mount up my defense, as I have been in correspondence with the claimant prior to getting on here (due to not knowing better), I don't think most the defenses that are written on here can help, my claim is quite different to a lot of people's as UKPC acknowledged a mistake had been made when a ticket was issued to me they offered me to settle for £15 which was a insult after admission of a error, i find that they are using this as a means to fleece me out of money and it is quite predatory, knowing that most people are having a hard time due to cost of living crisis, and they could have sorted this matter in 2018 when the ticket was first issued. I need help on how to word up my defense as all details of my issue are available in my original post.

You've written most of your defence there (and some of your witness statement)  just say it like that but use "the defendant" not "I" and keep it short and punchy. Leave the detail for the WS.  Make sure you spell defence not defense and use "an error" not "a error".