UKPC / DCB Legal - Part 3 - I WON AGAIN!!! ALL 3 OUT OF 3

IloveElephants

Hi Everyone, the never ending saga continues.

This thread has all the same particulars as my previous case thread which I went to court and won.

In total I had received 3 pcns from UKPC all within the space of 14 days. I went to court 2 months ago and won for pcn 1,2

This thread is for pcn number 3. 

Everything is the same as my previous case thread, same carpark, same vehicle, location, etc...

I have photos of the SAR for this particular PCN and I am happy to share. 

The Issue date for this claim is 20th April 2023
Claimant: UK Parking control Limited

DCB Legal Ltd

Total amount £360.00 for 1 pcn

Thank you to everyone. I am happy to go to court again if needs be. 

IloveElephants

Fruitcake said:

Was the alleged event for this claim also at night?

Yes at night 3am according to their timestamp on the photos they provided. Pitch dark in the middle of the night

In any case, you know the drill. Please tell us the issue date of the court claim.

The Issue date for this claim is 20th April 2023

Do the AoS, then use the same defence as last time.

This time I suggest you also (separately) send a draft court order asking for the case to be struck out/estopped. Look up and quote Henderson v Henderson estoppel, or just estoppel, and quote the relevant points.
Include the fact that you have won two identical claims, (quote the case number) and this one is therefore vexatious and without merit, being merely an attempt to have yet another bite of the cherry.

Thank you Fruitcake. 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1137380/n24-0499-eng-save.pdf

I will download this form now and complete it and email it to Northampton business centre and cc my local court with the old claim reference number and the General Form of Judgment or Order received after winning the 2 previous identical claims. 

Le_Kirk

Your defence will then need to contain Henderson v Henderson cause of action estoppel.

KeithP

IloveElephants said:

The Issue date for this claim is 20th April 2023

With a Claim Issue Date of 20th April, you have until Tuesday 9th May 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 23rd May 2023 to file your Defence.

That's nearly 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'.

IloveElephants

Le_Kirk said:

Your defence will then need to contain Henderson v Henderson cause of action estoppel.

Hi Le Kirk, 

I created a suppletory WS with my previous case and sent it along with my WS at the time. 

1.    The letter says claimant UKPC and is for a PCN on the ** October 2019 for the same particulars, same carpark, same vehicle and same reasons.

2.    All 3 pcns from this claimant are within a 14 day period for the same particulars.

3.    The letter sent by dcbl legal on the 16th January 2023 says the defendant must pay £170.00 The Consumer Rights Act 2015 Section 71 states that fairness in contracts can be brought up in court even if it has not previously been mentioned during proceedings, and that issuing yet another claim with identical particulars is unfair and a breach of court protocol as determined in Henderson v Henderson.

4.    Cause of action estoppel and Henderson v Henderson. Claimant creating duplicate claims abusing the court system.

Coupon-mad

Do not download any form and don't send anything 'now' (except for acknowledging this claim on MCOL as advised by KeithP).

Fruitcake meant for you to attach a Draft Order with your defence.  Not a form.

And not 'now'.  WITH the defence.

IloveElephants

Coupon-mad said:

Do not download any form and don't send anything 'now' (except for acknowledging this claim on MCOL as advised by KeithP).

Fruitcake meant for you to attach a Draft Order with your defence.  Not a form.

And not 'now'.  WITH the defence.

Hi Coupon-mad, nice to hear from you. Thanks for clarifying, I am just doing the AOS now and intend to defend all the claim. 

Acknowledgment of Service - Confirmation

Step 5 of 5

Thank you. You have successfully submitted your Acknowledgment of Service (AOS) form to the court.

Acknowledgment of Service Submitted

Claim Number

****&^%&^%&

Response type

Acknowledgment of Service

Claimant name

Uk Parking Control Limited

IloveElephants

KeithP said:

IloveElephants said:

The Issue date for this claim is 20th April 2023

With a Claim Issue Date of 20th April, you have until Tuesday 9th May 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 23rd May 2023 to file your Defence.

That's nearly 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'.

Thanks Keith, AOS submitted. 

IloveElephants

I have used my old defence for this particular case, please see the link below

https://docs.google.com/document/d/1PbmU0RQKnf9Rqvpb8LZEMOUbZws5jlkOgM3vimG5-P8/edit?usp=sharing

I have highlighted in yellow the areas where I made reference to Henderson v Henderson cause of action estoppel. Would I need to add more in this section?

Can I mention that at the end of Feb this year my partner has been diagnosed with a health matter and its taken a lot of my time and mental capacity. This court case claim arriving has just added to my stress. I am happy to provide "evidence" if required.

Thank you everyone. 

Fruitcake

I am sorry to hear about your partner's health problems. Sadly it will not be considered relevant to the case unless perhaps you miss a deadline due to having to attend to an urgent medical matter.

You could mention it in your defence as a passing comment so it is at least on record. I know your mind is, and wants to be elsewhere, but we are here to help you with the "other" nastiness to which you are being subjected.

Keep the faith my friend. We will not desert you.

B789

Perhaps a draft order along these lines, although I'm sure that @Coupon-mad is far more capable of drafting something better:

Draft Order

Upon hearing the application for summary judgment in this matter;

And upon considering the Defendant's previous conduct and their attempt to bring this claim despite it being barred by the principle of a cause of action estoppel as per Henderson v Henderson;

It is Ordered that:

1. The claim is dismissed.

2. The Defendant is to pay the Claimant's costs in the sum of [insert amount].

3. Any costs that remain outstanding shall be subject to detailed assessment if not agreed.

DATED this [insert date] day of [insert month] [insert year].