DCB Legal Letter of Claim - UKPC

Coupon-mad

ON MONDAY, go to your local county court and file a N244 application or you will have HCEOs knocking and wanting to seize your goods.

Costs peanuts (fee for an application to stay a writ is just £12 or £14) and can be done and paid for at your local court:
https://stopthebailiffs.uk/apply-to-stay-the-writ-and-set-aside-the-judgment.html

In your WS to support this application, state who you are and your postal address and that this witness statement supports an urgent application to prevent, stay or stop any Writ of Control relating to a claim that was acknowledged and for which a defence (attached) has been prepared and was ready to file in time.

State that you met all deadlines and have good prospects of defending the claim. You need to give sufficient detail, i.e. state that you DID post your acknowledgement of service of the Claim Form on DATE, in an envelope sealed and with a first class stamp, posted at xxxxx Post Office to the CCBC at Northampton.

State that you are prepared to swear this on oath if required, but in any event, under the Interpretation Act 1978 the letter enclosing your completed Acknowledgement of Service is deemed delivered two working days later.  There were no postal strikes at the time and no suggestion of a lack of normal service by Royal Mail.

The CCBC was telephoned on DATE and despite being 3 or 4 weeks behind on paperwork, the staff member was unable to find the letter in their piles of work.  This suggests they have either mislaid or misfiled it, or just not found it yet in the outstanding piles of papers, and this unfortunate oversight by the CCBC does not rebut the interpretation afforded on deemed delivery under the above Act.

Ask your local court to ensure that any High Court Writ is immediately stayed and that the Defence be filed accordingly, taking into account the Overriding Objective by acting justly for a Defendant who has not missed any step and has shown good prospects of defending the claim they acknowledged in good faith.

(You could even phone Royal Mail and report the item missing.   This gives you an extra sentence to add to your WS to show what you've done to resolve all this promptly).  For this amount of money at risk, in your shoes I'd report the item missing to Royal Mail - Google how - because that makes your WS all the stronger and more compelling to the Judge reading it.

B789

@preloved1416 I see that you have deleted your previous post with that awful defence. Just follow EXACTLY what @Coupon-mad has advised and taken the time to actually write for you. 

Forget about the SAR for now. It has NOTHING to do with the situation you are now in. If it has been over a month since you sent it to the DPO of the PPC, then make a complaint to the ICO but that is NOT your priority right now.

People here are putting a lot of effort to assist you and you still seem to be struggling with some of it.

Boat_to_Bolivia

As I said earlier in your thread, the good people here are just trying to help you.

It may appear daunting but you have a lot at stake. Please accept the advice given to you and act on it.

Boat_to_Bolivia

@preloved1416 how's it going?

preloved1416

Sorry for the delay, I did the above suggested by @Coupon-mad including reporting the letter missing to the Royal Mail, thank you! Currently waiting to hear back

preloved1416

Please let me know if I should start a new thread here, aside to the above I received a letter of claim dated 30th January. In response to the letter of claim from DCB Legal on behalf of UKPC, I sent an SAR request to UKPC, and sent DCB Legal an email essentially stating: (both on 2nd Feb)

(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.

(b) I have sent your client a SAR

On 28th Feb I received the below response: We write in response to your email dated 2nd of February 2023 detailing your request for the file to be placed on hold for 30 days and the reason behind the the additional fees incurred. 

Please note, the additional costs claimed are in accordance with the appeal decision made on 29th July 2020 in Britannia Parking Group Ltd v Semark-Julien [2020] EW Mis 12 (CC), it is not correct to propose this claim should be struck out as an ‘abuse of process’ due to the contractual costs claimed. You may wish to seek independent legal advice to access up to date information. 

 

We can confirm that your case will now be placed on hold for 30 days, after which time the sum of £320 will then be required. 

You have 30 days from the date of this email to pay the outstanding balance of £320. Failure to do so will result in a claim being issued against you without further notice. 

Payment can be made via bank transfer to our designated client account: - 

• Account Name: DCB Legal Ltd Client Account 
• Sort Code: 20-24-09 
• Account Number: 60964441 

I did not hear anything back from UKPC, and did not respond to the email above. 

I have today received another letter of claim from DCB Legal, quoting the same reference as the one sent on 30th Jan, this time for £1920, for the same 2 PCNs referenced in the letter of claim in January, plus another TEN. The reason for all claims is 'driver left site'. The car park was on a large retail park, I did not ever leave the site as I worked there, I was simply at work. 

What should I do (other than plan a defence) as I have already requested the file be put on hold for 30 days but I have received another letter of claim for the same reference but with additional PCNs. 

Coupon-mad

No response needed to that second LBC, as long as it went to the right address and there is no old address also held by them.

IF THERE IS ANY POSSIBILITY OF THEM REVERTING TO AN OLD ADDRESS, THEN IMMEDIATELY EMAIL TO ACKNOWLEDGE THE LBC AND TO INSTRUCT DCBLEGAL & UKPC TO ERASE THE OLD ADDRESS.

As long as there is no old address danger, just let them file a premature claim (or even better, duplicate claims) In April.

Then use the defence by @Johny86 as your base (including his specific paras 5-11) with your paragraph 2 and 3 looking like this one:
https://forums.moneysavingexpert.com/discussion/comment/79938917#Comment_79938917

and then para 4 stating that if these are more allegations of 'leaving the site' (allegations which the Defendant is having to guess due to the Particulars of Claim failing to plead any contractual breach detail at all) the fact is that the Defendant worked at the site and never left the location, let alone knew of any so-called parking terms affecting him as a staff member, nor knowingly breached any rule.  Contractual breach is denied. The Claimant is put to strict proof.

You will be replacing Johny's paras 3 & 4 completely (as unlike him, you aren't relying on the POFA).

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Back to the one where you have filed a N244 to Stay the Writ...

1.  did it cost you £14 in court fees?

2.  have you had an acknowledgement email from the CCBC to your N244 and attached WS?  Or did you file it at your local court and know they got it and you paid the fee and have a receipt?

3.  Did you send a copy to DCB Legal and UKPC as well and told them NOT to send HCEOs?  I would do that today - this afternoon - in case their bullyboys turn up at the weekend;

4.  Was that claim also about the same location and accusation?  Leaving the site?

preloved1416

Thank you for the above I will work on that. 

Re N244

1 - I submitted an N244 it cost £275 for the application
2- The CCBC acknowledged the N244 - I emailed it 
3 - I have not, I will send the N244 application to DCB and UKPC
4 - Yes, but also 2 more PCN for staying longer than maximum time permitted 

preloved1416

When I rang the court to ask why they had not received my AOS they told me to submit an N244 to set aside the CCJ. 

preloved1416

Am I too late to stay the writ at my local court?