UKPC DCBLegal McDonalds PCN

[Deleted User]

Hello all, I have read through the Newbies stuff, i have followed links and saved information relevent to this case.
Unfortunately though, and i do apologise for this, i have made this post as I am Autistic and some of the information is confusing to me.
I have done the SAR to UKPC and have had my reply, I forgot to send the debt advice email but i did send an email requesting the missing form DCBL claim was with the letter, i recieved the automated replied of reciept of my email but nothing else, First email sent on the 2nd of March 2023 and then a follow up on the 20th of March 2023 stating i had not had reply or even the requested missing form, no reply to that email.
When the original PCN came through the post to me i googled what to do and found posts saying to speak to the manager and they will sort it, i went and spoke to him and even asked for the CCTV footage to show i was there the whole time as a customer and that my leaving was delayed by A, a conversation with a Manager and B, my disabled son needing the toilet, i was told that they couldn't hand over the CCTV but if i mention it in my appeal it will be requested from them.
I later found out that this was not the case and that i had to provide the footage.
McDonalds was no help at all.
I appealed both to UKPC and to POPLA and both were denied.
I started receiving the reminders straight away, in 2020 they stopped and nothing was recived during 2021 either, it was late 2022 when they started back up stating that they had used "high tech" search facilaties to find me, i hadn't gone missing.
The vehicle in question is a motobility vehicle and classed as a hire car.
I filled out the AoS form and sent it back but ONLY the AoS nothing else, no declaration of earnings etc. although i have no earnings, i have survived on benefits for a while now.
Unfortunately due to being vexed and not doing my research first  did put in the defence and couterclaim box that i would be looking in to Disability Discrimination as it was my sons disability that slowed down our exit and this was explained to UKPC and POPLA, i now know from section 2 of the newbies that the box should've been left empty.
The response was sent today and the only thing i could think of doing was to go to the MCOL site and do the online one in the hopes of couter acting the mailed in one.
The forms did tell me to follow the notes provided with the forms but, again, this was missing, like both times they are trying to prevent me from having options or a clear understanding.
I am sorry if this seems like rambling.
I am now aware that in March 2019 a new Parking Code was put forward with one part stating about capping charges and another stating "Mitigating Circumstances" and i am wondering if my disabled son is a mitigating circumstance.
I did get slightly excited when i read about grace periods for the minimum of 10mins from entry and 10mins from exit but this is not for private car parks.
I am clocked in at 1hr and 43min, 13mins over (something the McDonalds manager assured me would'nt be an issue, i know i know).
It says the driver agreed to pay within 28 days, i never did and i don't recall identifying myself as the driver either and what does "damages" refer to? i didn't damage anything.
I need to wrap this up or i'll waffle for too much again.
Sorry again for the rambling and this post but i need to talk to someone or some people to better understand things, read a screen full of text doesn't helo me much and becomes too much, not all autistics suffer with that bit but i do.

KeithP

Hello and welcome.

A few points...

You have shown the world your Claim Number and your MCOL password. I wonder what someone without your best interests at heart may be able to do with that?

Deleted User said:

I filled out the AoS form and sent it back but ONLY the AoS nothing else, no declaration of earnings etc. although i have no earnings, i have survived on benefits for a while now.
Unfortunately due to being vexed and not doing my research first  did put in the defence and couterclaim box that i would be looking in to Disability Discrimination as it was my sons disability that slowed down our exit and this was explained to UKPC and POPLA, i now know from section 2 of the newbies that the box should've been left empty.

That's right - that box should've been left empty.
Whatever you wrote in that box forms your entire Defence.
Can you please show us what you wrote in that box?

Deleted User said:

It says the driver agreed to pay within 28 days, i never did...

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".
So with the Claim Number, the Claimant, upon seeing those words "I never did", now knows who was driving.

Now for the good news...
as a person with no or very little income, you should be able to replace the Defence you have already filed with something more substantial at no cost to you.

[Deleted User]

After posting I realised there was more information to be removed, the image was removed and I have a warning for it so lesson learned.

I do not have an image of what I put, it was along the lines of "I am currently putting together a defence and will be looking in to if there is a discrimination claim"
In the counter claim box I left the amount blank, in the reason for counter claim it said "disability discrimination as it was mentioned in the appeal but I don't know the amount to put" something a long those lines.

Thank you for you response, I'm guessing the term "damages" is a broad term then and who is Yasmin Mia? This is the first time I'm seeing her name.

B789

Deleted User said:

Thank you for you response, I'm guessing the term "damages" is a broad term then and who is Yasmin Mia? This is the first time I'm seeing her name.

The statement of fibs truth below the PoC is signed by Yasmin Mia.

Umkomaas

who is Yasmin Mia? 

A DCB Legal Director and qualified solicitor. Check their website 'About Us' > 'Team'. 

Coupon-mad

If you qualify for Help with Fees then you may as well fill in form N244 and apply for permission to amend your defence and counterclaim, if it's all free for you!

[Deleted User]

Thank you all for your replies.
I need to fill out the help with fees forms and thank you for the advice about the N244 form to, very much appreciated.

[Deleted User]

Hello,
Today was the day of the court case and here's what happened.

I Get to court nice and early, go through security and told to go book in, I go to where I was directed to go and stand and wait for an usher.

After 5mins I ask if there's an usher as the room was empty, I was asked to sit and wait.

5mins later security come back and tell me there's no small claims today.

They gave a slip with a number on to ring for more information, I did, was on hold for 40mins whilst sat in the car park.

Spoke to a lovely lady and explained everything and that I was still in the car park paranoid that someone had it wrong.

She said "this case was withdrawn and settled on the claiments side and cancelled"

I said "oh, no one had told me this, would I still be awaiting a the letter?"

She said "You shouldn't be, this was done on the 8th of January 2024 so you should've received some communication"

She then apologised that I hadn't been told but I was still kinda shocked it was over but happy that I had won.

So all this stress, over the years was for nothing, i followed this sites guidelines and copied the relevant cases, plus information i found strange about the ANPR system used, but i think, in all likelihood, it was the information on here provided by others that had them backing down.

Thank you to all of you for sharing your knowledge.

Coupon-mad

Deleted User said:

Hello,
Today was the day of the court case and here's what happened.

I Get to court nice and early, go through security and told to go book in, I go to where I was directed to go and stand and wait for an usher.

After 5mins I ask if there's an usher as the room was empty, I was asked to sit and wait.

5mins later security come back and tell me there's no small claims today.

They gave a slip with a number on to ring for more information, I did, was on hold for 40mins whilst sat in the car park.

Spoke to a lovely lady and explained everything and that I was still in the car park paranoid that someone had it wrong.

She said "this case was withdrawn and settled on the claiments side and cancelled"

I said "oh, no one had told me this, would I still be awaiting a the letter?"

She said "You shouldn't be, this was done on the 8th of January 2024 so you should've received some communication"

She then apologised that I hadn't been told but I was still kinda shocked it was over but happy that I had won.

So all this stress, over the years was for nothing, i followed this sites guidelines and copied the relevant cases, plus information i found strange about the ANPR system used, but i think, in all likelihood, it was the information on here provided by others that had them backing down.

Thank you to all of you for sharing your knowledge.

Yay you won!

DCB Legal normally email a copy of the Notice of Discontinuance.  Is it in your junk emails?

Either way the court has confirmed they discontinued, so it is over!  Congrats!

I will add you to the DCBLegal discontinuances thread which now records close to 320 cases...

[Deleted User]

Coupon-mad said:

Deleted User said:

Hello,
Today was the day of the court case and here's what happened.

I Get to court nice and early, go through security and told to go book in, I go to where I was directed to go and stand and wait for an usher.

After 5mins I ask if there's an usher as the room was empty, I was asked to sit and wait.

5mins later security come back and tell me there's no small claims today.

They gave a slip with a number on to ring for more information, I did, was on hold for 40mins whilst sat in the car park.

Spoke to a lovely lady and explained everything and that I was still in the car park paranoid that someone had it wrong.

She said "this case was withdrawn and settled on the claiments side and cancelled"

I said "oh, no one had told me this, would I still be awaiting a the letter?"

She said "You shouldn't be, this was done on the 8th of January 2024 so you should've received some communication"

She then apologised that I hadn't been told but I was still kinda shocked it was over but happy that I had won.

So all this stress, over the years was for nothing, i followed this sites guidelines and copied the relevant cases, plus information i found strange about the ANPR system used, but i think, in all likelihood, it was the information on here provided by others that had them backing down.

Thank you to all of you for sharing your knowledge.

Yay you won!

DCB Legal normally email a copy of the Notice of Discontinuance.  Is it in your junk emails?

Either way the court has confirmed they discontinued, so it is over!  Congrats!

I will add you to the DCBLegal discontinuances thread which now records close to 320 cases...

Thank you, i have checked everywhere but i have not received anything, i'm now going to post my defence, i have vetted it and i believe i removed all personnal information.

Coupon-mad

Wait... that heading says you counterclaimed?