DCB Legal Court Claim for 2018 UKPC PCN

Winston_Smith2

Hi everyone, I need some help and guidance from the knowledgeable people on this forum. Yesterday I received a claim form from DCB Legal for c£300 on behalf of UKPC for a PCN issued in 2018 to a car that was registered to me at the time. To give a brief history of recent events, I received a Letter of Claim from DCB Legal at the end of last year. In the first week of January, as per the advice on post 2 on the Newbies thread, I sent an SAR to the DPO at UKPC in the first week of January, requesting:

• A full copy of the PCN, NTK
• All photos taken and other evidence you will rely on
• All letters (including proof of postage) and emails sent/received
• A list of all PCNs outstanding against me and/or this VRN

I also sent an email to DCB Legal to tell them I am seeking debt advice, but deny any debt, and have sent an SAR to their client. At this point, I tried getting hold of the land owner to complain and get the PCN cancelled. The car, unbeknownst to the driver due to poor signage, was parked in the staff car park of an NHS health centre. I contacted PALS to complain and ask for help. They got back to me saying that their Estates Team do not manage the car park, that there have always been signs clearly stating it is a private car park (nope!), that the no parking signs were in place before the parking management company started enforcement, and that for the last few years the landlord has not used a parking management company. They gave me the name and contact details of the current landlord (PHP Group), who I contacted to complain but got no reply. Looks to me like that avenue is a dead end.

UKPC responded to the SAR a few days later with a zip file containing:

• Photographs of vehicle
• Copy of Parking Charge Notice
• Notice to Keeper
• Final Reminder
• Copy of Subject Access Request

DCB Legal also got back to me requesting my full name and address for GDPR reasons, which I provided. They replied giving me some spiel that the PCN was issued correctly, that payment will be due, and listed all of the ways I can pay... The case was then put on hold for 30 days, which brings us to today.

If any further details are required, please let me know and I will provide. I need help understanding what my rights are and the correct procedure for defending this court claim. Thanks a lot in advance!

Coupon-mad

For pretty much all defences involving UKPC / DCBLegal, defendants can adapt the one by @Johny86 which is worth pointing the never-ending queue of UKPC/DCBLegal defendants to, saving us a lot of typing!

Apart from that easy task for you, please tell us what's the date of issue top right of the Claim Form?

Winston_Smith2

Hi @Coupon-mad, thanks for getting back to me. The issue date in the top right of the Claim Form is 23 Feb 2023.

Yes, not a problem for me to adapt the template defence. Just today alone I see quite a few posts related to UKPC / DCB Legal and how busy you and the rest of the team are, so want to spare you all as much typing as possible! Once I have, I would be very grateful if you would read and provide feedback.

Just to be sure, is this the template defence by @johnny86 you're referring to?
https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1  

KeithP

Winston_Smith2 said:

The issue date in the top right of the Claim Form is 23 Feb 2023.

With a Claim Issue Date of 23rd February, you have until Tuesday 14th March 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 28th March 2023 to file your Defence.

That's almost four 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'.

B789

Follow the advice as above and also read this thread to predict the outcome if you follow all the steps as advised:

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

Winston_Smith2

Thanks for sharing the link to that thread @B789, comforting to know that the UKPC / DCB Legal cases tend to follow a pattern and end favourably for defendants. Thanks for the clear instruction @KeithP, I'll file the Acceptance of Service ASAP if there's no benefit to delay, then will draft my defence. When I've finished those two things, I'll post my defence here - I'd be very grateful for feedback as to how it could be made more robust and improved. 

Le_Kirk

Winston_Smith2 said:

I'll post my defence here - I'd be very grateful for feedback as to how it could be made more robust and improved. 

Only post paragraphs 2 & 3 (and any more that you add) we don't need to see the rest of the template, just remember to add it back in when the critique is complete and before you send it.

Winston_Smith2

Thanks @Le_Kirk, will do!

Coupon-mad

Except you also need the extra stuff seen in the thread I linked you to already.

Boat_to_Bolivia

The defence template CM is advising you need to copy and adapt is the one by @Johny86.

Click on the link above and look for their discussions. You will find it there.

It is not the sticky one at the top of the forum you posted earlier.

patient_dream

And do remember that DCBL have added a fake amount and have signed a statement of truth to the court that what they are claiming is the truth ?????

Judges do not like fakers