DCBL parking charge UKPCL county court claim received

dcblhater

Newbie requesting help as it's got to the court stage!

Background:

1. Received DCBL 'letter of claim' for £260 in parking charges and damages for UKPCL for parking offences 14/04/17 and 03/06/17 parking in a disabled space at Asda without a badge.

2.This was received in the post 14/12/22 giving 30 days to respond from the date of the letter 28/11/22

3. After reading forum responded (on the 28/12/22 11.26am within the 30 days) via contact form on DCBL website with the "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"

4. Sent an SAR request to UKPCL on the same day and received their response on the 04/01/23

5. No response to DCBL contact

Current:

Count Court Claim received 04/01/23 in the post and was issued on the 29/12/22 (the day after the 30 day response requirement expired)

The county court claim if for £381.86 plus £50 court fee and £50 legal rep cost and now totals £481.86

YOUR BEST ADVICE ON DEFENDING THIS AND HOW TO PROCEED

My initial strategy was to try and fob them off until the debts became statute barred after 6 years but DCBL are razor sharp on this one!

Could I ask for the court to dismiss the claim as I responded within the 30 days and asked for a 30 day pause to seek debt advice?

I would like to get the case transferred to my local court so I can delay and have more time to prepare - how is this done?

YOUR ESTEEMED ADVICE WOULD BE MUCH APPRECIATED

Coupon-mad

Could I ask for the court to dismiss the claim as I responded within the 30 days and asked for a 30 day pause to seek debt advice?

Nope.

The case automatically gets transferred to your chosen local court AFTER you defend and then fill out your DQ.

This is all explained in the NEWBIES thread, step by step.  Second post.  There you will find everything you need, including a Template Defence.

KeithP

dcblhater said:

Count Court Claim received 04/01/23 in the post and was issued on the 29/12/22...

With a Claim Issue Date of 29th December, you have until Tuesday 17th 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 Tuesday 31st January 2023 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 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'.

dcblhater said:

I would like to get the case transferred to my local court so I can delay and have more time to prepare - how is this done?

That will happen later in the process - after you have filed a Defence.

horizoncrush

KeithP said:

dcblhater said:

Count Court Claim received 04/01/23 in the post and was issued on the 29/12/22...

With a Claim Issue Date of 29th December, you have until Tuesday 17th 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 Tuesday 31st January 2023 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 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'.

dcblhater said:

I would like to get the case transferred to my local court so I can delay and have more time to prepare - how is this done?

That will happen later in the process - after you have filed a Defence.

I'm in same position with the same dates as OP, so the dates are handy!

Cheers for the post

dcblhater

Any help with this defence statement would be appreciated ( original paking fines issued 04/17 and 06/17)

"2017 was a bad year for me starting with the failure of my business and subsequently splitting up with my long-term partner which in effect left me homeless. I suffered from mental health problems and did many things that were out of character including bad parking.

I did not receive a notice to keeper or any parking charge reminders because I was not at 30 Collingwood Way between March 2017 and September 2017 (when myself and my partner got back together)

I had several other major financial problems to deal with to do with my failed business between 2017-2021 but have managed to resolve most of the debts I had and now have a good credit rating.

I received a letter from DCBL in June 2021 but had no recollection on the event which was 4 years earlier and on checking the internet found the consensus was that it may be a scam and should be ignored.

I heard nothing further from DCBL until I received a very intimidating letter on the 14/12/22 claiming that I owed £260 for parking fines nearly six years ago and had until the 28th December (only 14 days) to either pay or contact them. Failure to do so would result in court action.

This is again not a great time to receive such a letter as I am currently dealing with the death of my mother so you can imagine how this makes me feel. My mother was diagnosed with dementia over 12 months ago and was living in a care home since March 2022. In November 2022 she got covid and became very unwell and subsequently died on the 30/12/22

Despite caring for my mother I responded to the letter from DCBL on the 28/12/22 and asked for the account to be put on hold for 30 days under PAP for debt claims 2017 but a claim was issued regardless on the 29/12/22

The claim including costs is now £481.86 and I strongly dispute this for the following reasons:

**(the rest continues with the points from template defence)**

Your help appreciated as always

KeithP

Nothing in your most recent post has anything to do with parking.

Have you even looked ant any Defences?

Mouse007

My friend, while I sympathise with your personal troubles and upset, that is not a defence.

You need to focus on the parking event. When, where and why? Who was driving? Why did they park? What signs did they see? Did they have permission or a right to park? Did they pay? Did they overstay?

What do the Particulars of Claim say?

dcblhater

Mouse007 said:

My friend, while I sympathise with your personal troubles and upset, that is not a defence.

You need to focus on the parking event. When, where and why? Who was driving? Why did they park? What signs did they see? Did they have permission or a right to park? Did they pay? Did they overstay?

What do the Particulars of Claim say?

Thanks for your kind words and help - i am doing this for my girlfriend who probably couldn't cope with all this at the moment - as far as I'm aware she parked in a disabled spot on 2 occassions whilst nipping into asda for a sandwich on her lunch break so not much of a defence there!

The particulars of claim say "the defendant was parked in breach of the terms of the claimants signs (the contract) thus incurring a PCN. The driver agreed to pay within 28 days but did not (??) The defendant is liable as driver or keeper. Despite requests the pcn is outstanding. The contract entitles the claimant to damages" and it goes on to say 8% per annum damages etc etc

Thoughts??

Le_Kirk

Thoughts are to use the template defence and slot the relevant parts into paragraphs 2 & 3.

Coupon-mad

Just copy an unremarkable day defence (search the forum).  Also read the other UKPC disabled bay defence thread exactly like yours on page one - right next to yours!

Of course you can help do this (and can use your email address as if it's hers) but her signature has to be at the end and her name as Defendant at the top; not yours.

dcblhater

Coupon-mad said:

Just copy an unremarkable day defence (search the forum).  Also read the other UKPC disabled bay defence thread exactly like yours on page one - right next to yours!

Of course you can help do this (and can use your email address as if it's hers) but her signature has to be at the end and her name as Defendant at the top; not yours.

how about this?

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

 

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

 

3. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The identity of the driver at the material time is unknown to the defendant. The Defendant was not the only insured driver of the vehicle in question and is unable to recall who was driving on those unremarkable days nearly six years ago.

The Defendant was issued with a Claim Form by DCB Legal acting on behalf of the Claimant UK Parking Control Limited for a Total amount of £381.86 (inclusive of a £50 Court Fee & £50 Legal representative's costs). Through research the Defendant has come to understand the PCN(s) relates to a PCN(s) that was issued against the Defendant’s vehicle YH13 ORK, nearly six years ago on 14/04/2017 and 03/06/2017.

Furthermore the defendant states that no Notice to Keeper or PCN reminders were received by the defendant who was not at the vehicle’s registered address between 03/2017 and 10/2017 and as such the DCBL letter of claim came as a complete shock when received in December 2022.