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UKPC / DCB Legal Defence - Feedback please!

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Comments

  • Eh? The claim was filed by DCBLegal
    The Claimant in the case is UKPC Ltd.  In the address section it does state c/o DCB Legal, so do I send my witness statement to DCB Legal or to UKPC?  Or both?
  • JerryJ64
    JerryJ64 Posts: 114 Forumite
    First Post Name Dropper
    Second box down on your claim for states "address for sending documents...". If the claimant, UKPC, is using a solicitor, DCB Legal, I bet that that is who is named in the second box down on your claim form.
  • AbbatheHorse
    AbbatheHorse Posts: 40 Forumite
    Name Dropper First Post
    Hi all

    So I was due to submit my witness statement and all exhibits I intend to rely on by the end of yesterday, which I have done, to both the court and to UKPC Ltd via DCB Legal.

    However, UKPC / DCB also had until yesterday to submit their statement and exhibits and I have heard nothing from them.  I am guessing that this is a good sign?  They also had until 22 December to pay the court fee, and when I called the court on 27 December, they saw no sign of it being paid (although couldn't be certain at that time and advised me to still submit my paperwork).

    So, does the fact that they have not sent me what they intend to rely on mean that they have forfeited the case?  Do I now just wait to hear from the court, or would you recommend I call them?

    Thanks
  • troublemaker22
    troublemaker22 Posts: 456 Forumite
    First Anniversary First Post Name Dropper
    Looks like the UKPC/DCB Legal clown car has fallen apart again in the usual way. The claim is on the way to being struck out by the court if it isn’t formally discontinued by the claimant. 

    Whether you have the patience to watch it unfold in slow motion or want to ring the court for updates is your choice. 
  • AbbatheHorse
    AbbatheHorse Posts: 40 Forumite
    Name Dropper First Post
    Thank you @troublemaker22 - I have tried to call the court a number of times, but can never get through.  I guess I will just wait it out and see what happens
  • patient_dream
    patient_dream Posts: 3,541 Forumite
    First Anniversary First Post Photogenic Name Dropper
    Looks like the UKPC/DCB Legal clown car has fallen apart again in the usual way. The claim is on the way to being struck out by the court if it isn’t formally discontinued by the claimant. 

    Whether you have the patience to watch it unfold in slow motion or want to ring the court for updates is your choice. 
    Hi, I understand you are a solicitor, thanks for being part of this.

    You are so right that these two are pure clowns

    You don't have to comment but why do you think the SRA allow these clowns to operate ?   Are they just another Post Office scandal waiting to be exposed ?

    We all know the BPA IS A SCAMMERS paradise

  • troublemaker22
    troublemaker22 Posts: 456 Forumite
    First Anniversary First Post Name Dropper
    The SRA is unfit for purpose. They totally messed up a complaint against DCB Legal so I don’t bother with them any more. 

    In all fairness it’s hard to compare this misconduct over parking tickets with hundreds of men and women imprisoned and bankrupted 
  • AbbatheHorse
    AbbatheHorse Posts: 40 Forumite
    Name Dropper First Post
    So UKPC / DCB have not paid their court fees or filed and served their witness statements etc by the deadline.  After lots of chasing the court, I was yesterday advised that DCB Legal claimed to have not received the notice of allocation.  The district judge then allowed them additional time (until the end of tomorrow) to pay, file and serve.

    Anyway, this morning, shock horror, I have received a Notice of Discontinuance from DCB Legal.  So looks like that's the end of it then.  I still plan to contact the court to make sure they have sent this to the court as well as me and the claim has been formally discontinued.  I also plan to write a letter to try to claim my costs back.  I will post on here for review before I send.

    But thank you everyone so much for your help getting to this point.
  • AbbatheHorse
    AbbatheHorse Posts: 40 Forumite
    Name Dropper First Post
    Ok, I have drafted my letter to claim back my costs (worth a try).  Can anyone please cast their eye over this and give me any feedback?

    In the County Court at Exeter

    Urgent Matter – to be referred to Procedural Judge

    In the matter of:

    UK Parking Control Ltd (Claimant) v [REDACTED] (Defendant)

    Claim Number: [REDACTED]

     

    Dear Sir / Madam

    As the Defendant in this case, I received the Notice of Allocation for this claim on 13 December 2023, with a proposed trial date of 19 January 2024.  As requested, I filed my Witness Statement and evidence I intended to rely on to the court, and served to the Claimant before the due date of 2 January 2024; however, I was not served with the Claimant’s Witness Statement or supporting documents by this due date.

    I contacted the County Court on a number of occasions to understand whether this case would be struck out.  I was informed that the Claimant had neither paid their trial fee nor filed their Witness Statement by the instructed dates.  When I called the Court on 15 January 2024, I was advised that the Claimant claimed to have not received their Notice of Allocation, so District Judge Ireland allowed the Claimant until 17 January to pay their fee, and file and serve the documentation that they intended to rely on.  This information was sent to the Claimant by email at 3:36pm on 15 January 2024.

    At 9:52 am on 16 January 2024, I received a Notice of Discontinuance from the Claimant.

    CPR r.38.6 states that the Claimant is liable for the Defendant's costs after discontinuance (r.38.6(1)), but that this does not apply to claims allocated to the small claims track (r.38.6(3)). However, the white book states (annotation 38.6.1): "Note that the normal rule as to costs does not apply if a claimant in a case allocated to the small claims track serves a notice of discontinuance although it might be contended that costs should be awarded if a party has behaved unreasonably (r.27.14(2)(d))." I believe it should actually refer to r.27.14(2)(g) as that is the rule which allows the court to award costs for unreasonable behaviour.

    On this basis I would like to request a costs order to be made against the Claimant given that I believe they have behaved unreasonably by discontinuing this claim, for the following reasons:

    ·       Reading online, it is clear that there are multiple other examples of UK Parking Control Ltd discontinuing claims days or even hours before the trial date.  It appears clear to me that through DCB Legal, the Claimant had no intention of continuing to trial, but instead is using the small claims process as a means to continue their campaign of intimidation into paying them unjustifiable claims.

    ·       By continuing to pursue this case until three days before the trial date, the Claimant has forced me the Defendant (with no legal knowledge or experience) to spend extortionate amounts of time researching legal arguments, collating evidence, filing my Defence and preparing a coherent Witness Statement, that they knew would never be used in court due to their discontinuance.

    ·       By claiming to have not received the Notice of Allocation and requesting this be resent, only to discontinue the claim within three working hours of receiving the NOA, the Claimant has clearly wasted not only my time, but also that of the court.

    As Defendant, I have had significant costs to prepare the Defence, Witness Statement and attendance of the hearing, and the costs claimed are as follows:

    Schedule of costs

    ·       Research, preparation, and drafting documents

    o   16 hours at Litigant in Person rate of £19 per hour: £304

     

    ·       Printing Witness Statement, Exhibits & Letter for County Court

    o    39 pages at 20p per page: £7.80

    Total costs claimed: £311.80

     

    Yours faithfully,


  • Coupon-mad
    Coupon-mad Posts: 131,188 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 16 January at 4:23PM
    Send a pm to @JusticeWarrior who just succeeded in showing unreasonable conduct to get their costs after a discontinuance.  They said the Judge remarked they did it in the wrong format so ask about that.

    Anyway:
    Yay, the expected discontinuance - that's a win!  

    Congrats!

    I have added you to @Umkomaas disco thread.

    ANOTHER ONE BITES THE DUST!

    Please do the Justice Committee Inquiry while this complete waste of court time is fresh in your mind, if you want to change things:

    The Committee invites evidence on:

    • What the current level of delay in the County Court is

    • The ways in which the County Court engages with litigants in person, and how this could be improved

    • The causes of action giving rise to claims in the County Court

    • What future reforms to the County Court should be considered.


    Nothing will change if people don't seize this one-off Inquiry opportunity.

    They are only accepting a Word Doc so embed your claim form and Notice of Discontinuance and anything else you want to show them.

    Your claim paperwork will be great evidence of the meritless boilerplate 'cause of action' constantly bombarding the courts and wasting Judges' time.  This is about showing how parking firms abuse the court service and evidence shows that DCB Legal always discontinue well defended cases.

    Please tell the Ministers on this Committee that there needs to be a bespoke parking Alternative Dispute Resolution 'court buffer' at pre-action stage, and the use of the "debt claims" pre-action protocol is totally improper.  Asking for people's income on a 'debtor' reply form (at LBC stage last year) is utterly inappropriate.

    Also tell the Committee to please contact the DLUHC private parking Code of Practice team who would really appreciate a new PAP for Parking Claims. This would really support regulators in 2024 as the private parking regulation rolls into effect.

    The delays by the CNBC are directly caused by half a million parking claims p.a.

    It needs to stop; these firms worst excesses must be stopped by Government, as was promised even before the Knight Bill in 2018.

    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 the Inquiry with your claim form, discontinuance and views tonight or tomorrow before it closes!

    https://committees.parliament.uk/work/7972/work-of-the-county-court/

    ENDS TOMORROW
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