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

IloveElephants

Coupon-mad said:

The judgment that you actually attach for your Judge to see must not be redacted at all.

Hi Coupon-mad, absolutely, nothing will be redacted in my WS Exhibits... I only redacted for the purposes of the forum. Thanks

Le_Kirk

KeithP said:

IloveElephants said:

Hi Le Kirk, Correct 23rd Jan, Yes it should be 2023, that was a typo.

Well done @Le_Kirk. 

I didn't do anything but I am prepared to take the thanks on @KeithP's behalf!

Le_Kirk

IloveElephants said:

A. The claimant pursued a very similar facts claim based on almost exact-match particulars

B. Due to the The claimant's unreasonable behaviour in issuing yet another claim just a few days before the court hearing date (insert date of case in 2023 and location)  which is unfair and abuse of the court procedure.

C. DCBL Limited should have advised their client not to proceed with a separate claim having identical particulars to the existing claim (insert court reference)

D. Sequence of events and signage 1. The car park for Location (insert location) is not known to the defendant and had never been visited prior.

E. The claim refers to an incident involving a vehicle (insert Registration)  In the absence of visible signage requiring the defendant to pay or display a ticket or permit, the car was left, and the defendant went about their business.

2. On the 23st January 2023 the defendant received a copy of a letter titled “Letter of claim” dated 16th January 2022 from DCBL (SEE EXHIBIT 1) 3. The letter says claimant UKPC and is for a PCN on the (insert date month 2019 ) for the same particulars, same carpark, same vehicle and same reasons.

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

5. 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.

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

See suggestions above.
A. change as suggested
B. Sentence does not make sense, maybe adjust as above
D & E are contradictory; you claim in D not to know the location and then in E you go on to describe it!
Your paragraph 6 is not a sentence!

IloveElephants

Le_Kirk said:

IloveElephants said:

A. The claimant pursued a very similar facts claim based on almost exact-match particulars

B. Due to the The claimant's unreasonable behaviour in issuing yet another claim just a few days before the court hearing date (insert date of case in 2023 and location)  which is unfair and abuse of the court procedure.

C. DCBL Limited should have advised their client not to proceed with a separate claim having identical particulars to the existing claim (insert court reference)

D. Sequence of events and signage 1. The car park for Location (insert location) is not known to the defendant and had never been visited prior.

E. The claim refers to an incident involving a vehicle (insert Registration)  In the absence of visible signage requiring the defendant to pay or display a ticket or permit, the car was left, and the defendant went about their business.

2. On the 23st January 2023 the defendant received a copy of a letter titled “Letter of claim” dated 16th January 2022 from DCBL (SEE EXHIBIT 1) 3. The letter says claimant UKPC and is for a PCN on the (insert date month 2019 ) for the same particulars, same carpark, same vehicle and same reasons.

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

5. 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.

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

See suggestions above.
A. change as suggested
B. Sentence does not make sense, maybe adjust as above
D & E are contradictory; you claim in D not to know the location and then in E you go on to describe it!
Your paragraph 6 is not a sentence!

Changes made, thanks Le Kirk, I will submit this inthe morning during office hours to all parties in PDF document and wait for the hearing. Thank you everyone..

I hope that the judge sees the previous case which I made reference to in my WS and Exhibit along with the General form of judgment order. This will hopefully make the judge to realise what scam DCBL are playing here.

Nevertheless I am prepared to fight this until the end so ready to go the distance

IloveElephants

Hope everyone is keeping well... I have my Virtual hearing next week I will keep you posted, I am waiting for the court to share with me the video Link and I will refresh and prepare this weekend. Thank you

IloveElephants

Hi Everyone, will the court email me the video link for the hearing this week? I have not received anything

patient_dream

IloveElephants said:

Hi Everyone, will the court email me the video link for the hearing this week? I have not received anything

They should do, phone the court on monday

GOOD LUCK next week

IloveElephants

patient_dream said:

IloveElephants said:

Hi Everyone, will the court email me the video link for the hearing this week? I have not received anything

They should do, phone the court on monday

GOOD LUCK next week

Thank you Patient Dream, the court replied to me saying they email the Hearing link 24 hours before the hearing date. I will before that dig out my old WS and prepare for my hearing. Will I be able to use 2 screens for the hearing instead of printing my WS like I did when I was in court? If I have 1 screen open for the camera and the second screen open for my WS so I can make reference to my arguments. Thank you

IloveElephants

Also shall I email my WS to the claimant? I do not know if they have it or not or will the court do that? I did not do that last year - Thanks everyone

Fruitcake

DO IT NOW!

You have to send your WS to both the court and the claimant('s solicitor). If you haven't done it yet you could lose because you will have received something telling you to do this with a deadline that is normally not less than two weeks before the hearing. The claimant could ask the court for a judgment in their favour because you have failed to comply with a court order.

Have you received the claimant's WS yet? Don't answer that until you have sent your WS to the claimant.