Some queries re the Small Claims Directions Questionaire N180 Form

rocco1998

Hi there, firstly thanks for all the advice laid out in the Newbies thread, it's been incredibly helpful for all the previous stages of my defence. I've just had the N180 form through which I've completed using this thread - https://forums.moneysavingexpert.com/discussion/comment/71763411#Comment_71763411"2">

The form now asks why I'm requesting the hearing being at my local county court - is there a good answer for this as i couldn't find one of the forum? The forms have changed slightly since 2018 (when the above post was written).

And finally, should i be getting nervous? I'm defending a penalty notice from 2017 and one that was issued in my own space at the flat i live in. UKPC are vile and I really want to defend this but other tenants that live here here say they've also gone to court and lost which has cost them thousands... so I'm a little wary, would I be best to come to a settlement with them at this stage?

Umkomaas

Hi there, firstly thanks for all the advice laid out in the Newbies thread, it's been incredibly helpful for all the previous stages of my defence. I've just had the N180 form through which I've completed using this thread - https://forums.moneysavingexpert.com/discussion/comment/71763411#Comment_71763411"Quote">My first question is, now complete, should I post this N180 form?

All your questions relating to the N180 can be found among the 12 bullet points in the Template Defence Announcement, linked below. Bookmark it as you'll need to refer to it during the upcoming process.

https://forums.moneysavingexpert.com/discussion/6108153/template-defence-to-adapt-for-all-parking-cases-where-they-add-false-admin-costs-edited-march-2022/p1

UKPC are vile and I really want to defend this but other tenants that live here here say they've also gone to court and lost which has cost them thousands... so I'm a little wary,

Definitely you should be wary ........ wary of neighbours spouting BS!  Unless you've hundreds of neighbours who've been hit by claims losses in court, 'thousands' is wild exaggeration!

The claimant is UKPC and their solicitors are DCB Legal  .......  would I be best to come to a settlement with them at this stage?

😄. Just read the following thread before making any rash decision. 

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

Stick with the process and expect to have your discontinuation listed in the above before too long!  Can you confirm how many tickets you have please?

rocco1998

Thanks very much for the answers. I believe in 2017 I had two tickets, one was because I had a new car and I was waiting for the new pass to be sent through by the management agency. The other was because the pass had slipped off my dashboard and it was dark.

I've had other tickets issued here but they were later cancelled as they were issued at 2am and 4am, very creepy time to be loitering around a private car park!

Le_Kirk

rocco1998 said:

The form now asks why I'm requesting the hearing being at my local county court - is there a good answer for this as i couldn't find one of the forum? The forms have changed slightly since 2018 (when the above post was written).

And finally, should i be getting nervous? I'm defending a penalty notice from 2017 and one that was issued in my own space at the flat i live in. 

Use this thread to advise you about that question: -
https://forums.moneysavingexpert.com/discussion/6364201/new-questions-on-the-n180-form/p1
Is it really a Penalty Charge Notice or perhaps a Parking Charge Notice?

B789

rocco1998 said:

And finally, should i be getting nervous? I'm defending a penalty notice from 2017 and one that was issued in my own space at the flat i live in. UKPC are vile and I really want to defend this but other tenants that live here here say they've also gone to court and lost which has cost them thousands... so I'm a little wary, would I be best to come to a settlement with them at this stage?

It is obvious that none of the other tenants came to this forum for advice. Aside from the fact that anyone who ended up paying "thousands" after losing in court to these scammers is either exaggerating or paid through the nose for incredibly poor legal advice from a lawyer with no experience of the law relating to these parking scammers. That, or they were totally unreasonable that the judge held them responsible for all the claimants inflated costs. Even then, it shouldn't amount to more than a few hundred pounds.

So, now that we have established that the other victims were extremely unfortunate in that they never discovered this valuable forum and/or were duped by bad advice, you are in a good place and ready to defeat this serial litigator. We already know that DCB Legal have purchased a whole load of old unpaid PCNs that are coming close to the 6 year limit for claim. 

As you will have, hopefully, read in the thread linked to by @Umkomaas, this is never likely to be heard in court as it is going to be defended with the advice as provided here and 99.9% likely to be discontinued. The only people that pay UKPC through DCB Legal are victims who have not visited this forum or followed the advice as given here. They and all the others who just poop their pants at the thought of a court claim and pay up without ever defending the claim.

Galloglass

Do you rent or own? If you rent, what does the tenancy say?

Also does the space come with the property or were you in the common areas.

rocco1998

Galloglass said:

Do you rent or own? If you rent, what does the tenancy say?

Also does the space come with the property or were you in the common areas.

I own the property and yes the space comes with the property, everyone is allocated a spot. I was in my dedicated parking bay when I was given the ticket. I also had a note displayed on the car explaining a new pass was due to be sent through.

Galloglass

This is another case of competing contracts where one contract (a lease) is in conflict with another (the signs)

Key issues will be:

a) whether the signs were there and apparent when you purchased the property (caveat emptor) and

b) whether there is a "sweeper clause" in the lease which allows the Freeholder (through managing agents) to vary the terms of your lease. 

So dates and lease terms are needed. Modern leases usually have sweeper clauses but whether they can be stretched to include allowing parking companies to penalise you will be up to a judge. 

A side issue, and not for this case, is whether you and the other leaseholders should get together to challenge the Freeholder on the Freeholder's right to bring in parking control. You'd need to go to a specialist Property Tribunal for that which is not that expensive if shared with the other leaseholders.

Le_Kirk

Galloglass said:

Key issues will be a) whether the signs were there and apparent when you purchased the property and b) whether there is a "sweeper clause" in the lease which allows the Freeholder (through managing agents) to vary the terms of your lease. 

So dates and lease terms are needed. Modern leases usually have sweeper clauses but whether they can be stretched to include allowing parking companies to penalise you will be up to a judge. 

Any changes must be done after a ballot of the freeholders/leaseholders/tenants and must return more than 75% in favour and not more than 10% against!

rocco1998

Hi there, following on from the above, I've had a Notice of Transfer of Proceedings letter through which says that the claim has been transferred to a county court hearing centre for allocation. It goes on to say that the file will be referred to a procedural judge who will allocate the claim to track and give the case management directions.

I’m no legal expert, so what does this actually mean and should I be ready to go to court for this claim (it was a ticket from 2017).

Furthermore, I've now had two other Letter Before Claim (LBC) come through, one for my partner and one mine. All incidents were in my own space at my flats and I'm fuming. This is becoming so mentally draining, spending unnecessary time completing these defences - is there another option? I'm tempted to ignore them or offer DCB Legal some money. Thoughts?

Failing that I may speak to my housing association who are usually quite useless and ask them to deal. Any thoughts are welcome.

Umkomaas

All above answered on the post you made in your other associated thread, so please read that, then let it 'die' with no further comment there. Keep everything from here on on this thread please.