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UKPC / DCB Legal LoC

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Comments

  • Coupon-mad
    Coupon-mad Posts: 152,742 Forumite
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    I say add his paras 5-11 because, even though you appealed to POPLA, you appealed saying the signs weren't prominent and it was not known that the restrictions had changed.

    Now here you are faced with POC which are just as woeful as the signs and don't even bother to state the allegation (breach) let alone the amount of the PCN or the circumstances that caused it to arise.

    Call it out by using those extra paragraphs.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • B789
    B789 Posts: 3,441 Forumite
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    charby said:
    I've got the Defence ready to send but came across the  @Johny86  defence regarding UKPC as recommended by @Coupon-mad. Unsure if it be worthwhile changing my defence or adding to it to include @Johny86's? We appealed to POPLA mainly on signage, which would make us aware of what the PoC are on the LoC even though they aren't stated??
    I'm not sure but I don't think they can rely on anything from the POPLA appeal. If you've not yet submitted your defence then use the @Johny86 defence, suitably edited as to location.

    One of the main reasons for using the Johny86 defence is because the DCB Legal PoC is so poorly drafted and has a statement of truth that is anything but truthful signed by their serial robo-claim litigator, Yasmin Mia.
  • charby
    charby Posts: 18 Forumite
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    Thanks for the replies. I did want to use because it is an excellent point but was concerned it would conflict with the signage defence. I'll add what you suggest  @Coupon-mad, thank you.
  • B789
    B789 Posts: 3,441 Forumite
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    charby said:
    Thanks for the replies. I did want to use because it is an excellent point but was concerned it would conflict with the signage defence. I'll add what you suggest  @Coupon-mad, thank you.
    You need a comprehensive defence as the claimants have to prove all the defence items whereas the defendant only needs to win on one.
  • Fruitcake
    Fruitcake Posts: 59,464 Forumite
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    Well done, and thanks for letting us know.

    Calling @Umkomaas to put this in his thread of UKPC discontinued claims.
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  • Umkomaas
    Umkomaas Posts: 43,428 Forumite
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    Yep, got it. Over to the thread of shame. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • Coupon-mad
    Coupon-mad Posts: 152,742 Forumite
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    edited 28 November 2023 at 3:11AM
    charby said:
    Received the predictable Claimant’s N279 Notice of Discontinuance by email this morning. Bullying for over 5 years but when it came to the final battle they show what cowards they really are. This came 3 days before WS deadline. Wanted the opportunity to face these parasites in Court so quite disappointed.

    This forum had given me the confidence and ammunition to go head to head with them so for that I'm massively grateful to all the regular contributors, you do an awesome job. Thank you. 

    ANOTHER ONE BITES THE DUST!

    Well done you.  Congrats!

     D 

    One favour please @charby -

    If you could reply to this Inquiry that would be superb.  ... only TWO WEEKS left to do this VERY relevant Inquiry linked & discussed here:

    Really relevant because the reason there are delays in the work of the county court is because up to a THIRD of all small claims are parking. 

    Your claim paperwork will be great evidence.

    This is about showing how parking firms abuse the court service.  There needs to be an ADR buffer pre-action, and the "debt claims" pre-action protocol.

    Asking for people's income on a 'DEBTOR reply form' is utterly totally inappropriate.

    I think if enough people say the above sort of stuff, this Justice Committee will go and talk to the DLUHC guys I'm dealing with, and hopefully recommend a new pre-action protocol to stop the vast majority of cases even going to a claim.

    Please do this Inquiry with your claim form and views.

    I am confident that consumer power IS working.  We are on the home straight of achieving a really robust framework of regulation.  A bespoke Parking Pre-Action protocol designed to keep cases OUT of court would be the icing on the cake!

    We can but ask. In numbers.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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