County Court Business Centre claim letter by DCB Legal and UKPC

Swedishcabbie

Hey everyone, 

I have been reading through the posts on this l board for a while and have also gone through the newbie thread, still struggling to find an answer to my problem. A few days ago, I received a claim form from the County Court Business Centre based in Northampton, which has left me feeling overwhelmed🙈

The DCB Legal are seeking just over £700 for 3 unpaid PCNs (1 x Uxbridge, 2 x Hayes). I work as a self-employed Hackey Carriage London cabbie and yeah, I remember receiving a few PCNs in the past, but I ignored them all for a specific reason. 

In total I can recall 3 pcn’s

1. Parked in a disabled bay (wheelchairing disabled pax to his premises)
2. Parkied in a restricted zone outside the shopping mall (wheelchairing disabled pax out of the premises)
3. Parked on a disabled bay - this pcn was issued incorrectly as the officer had mistaken a "shopping" bay with the disabled bay.

There’s a Government Act 1976 that states:

In any proceedings under this section against the driver of a public service vehicle it shall be a defence to show that, by reason of obstruction to traffic or for other compelling reason, he caused his vehicle to wait on a stand or part thereof and that he caused or permitted his vehicle so to wait only for so long as was reasonably necessary for the taking up or setting down of passengers.

Source: 

4)

I am really really struggling to cope with this situation, feels like a nightmare🙈 I would appreciate any help if anyone could offer guidance on how to construct my defence please. The letter was issued on the 20th, and there's a 14-day period from the 20th, plus 5 days to acknowledge this, shall I acknowledge this straight away or wait a bit to gain more time to prepare? 

Boat_to_Bolivia

Firstly, please stop worrying. You are in the best place possible to get help and guidance.

@KeithP will be along soon to confirm some dates and other important information. Have you filed an AoS, if so, when?

Most importantly, NO paying. DCB Legal have a reputation for discontinuing claims before they get to a court hearing if you follow the process and advice given here it will hopefully be the same in your case.

B789

@Swedishcabbie, welcome to the forum. You are in good hands and you won't be paying a penny to this bottom-dwelling duo of UKPC and DCB Legal. @KeithP will be along shortly to confirm your deadlines for filing you AoS and Defence.

You will have to keep referring back to the Newbies/FAQ thread every time you have a question. It is your "go to" reference. For now, you need to review the second post in that thread where it refers to what you need to do once you receive a claim.

It ia very obvious you have a very valid defence and you will use your bit in the Template defence we use for claims by DCB Legal where the PoC are so dire that they are often thrown out just on those points alone.

A sample defence to use is shown here:

https://www.dropbox.com/s/5r7vbqttho3q948/2023 defence.pdf?dl=0

You should also have a read of this thread which predicts the outcome of your claim:

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

As I mentioned, @KeithP will confirm but I am fairly sure that you should file your AoS no later than the 9th May. That should then give you up to the 23rd of May to file your defence. Do not use the MCOL defence box to file any defence, not even a full stop. You will show us your edited paragraphs and once it is considered ready to go, you will file it as an attachment to an email to the CCBC. It is all documented in the Newbies?FAQ thread.

You should also have a read of the Template defence thread near the top of the forum and make a note of the 12 point checklist which you will also refer back to regularly.

KeithP

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 over three 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'.

Coupon-mad

This will be easy to defend. No worries.

Swedishcabbie

Hey guys, thank you soo much for such warm welcome and help provided, it means a lot for me!! I will your guideline and keep you all posted, once again massive thanks to all of you! 

Fruitcake

I have reported your post because you have left your government gateway password showing.

Some unscrupulous person or persons could do a lot of damage with that information.

Swedishcabbie

Fruitcake said:

I have reported your post because you have left your government gateway password showing.

Some unscrupulous person or persons could do a lot of damage with that information.

My bad sorry:/ btw thank you so much for highlighting this; damn the support you guys present here is amazing!!

Swedishcabbie

Hi everyone,  Just a quick update on my case:  I submitted the AOS on May 8th, and I used the sample defense from the link provided above, making changes to the first few paragraphs. 

Please see below for screenshots of the amendments and let me know what do you think.

I believe the remaining paragraphs should remain unchanged, the letter is waiting for final approval. I assume my deadline is May 22nd.  

Keith advised against using the MCOL website to submit the defense. Could you please let me know best way of sending it over please, I’m guessing I also cc’ dcb legal and UKPC Ltd?

Thank you so much.  

SC

KeithP

Swedishcabbie said:

I assume my deadline is May 22nd.  

No need to assume.
Earlier I wrote on your thread...

...you have until 4pm on Tuesday 23rd May 2023 to file your Defence.

Swedishcabbie said:

Keith advised against using the MCOL website to submit the defense. Could you please let me know best way of sending it over please, I’m guessing I also cc’ dcb legal and UKPC Ltd?

The opening post of the Template Defence thread describes in detail one way of filing a Defence. It does not mention sending copies anywhere else other than to the County Court Business Centre. If that were necessary it would surely say so.

Fruitcake

It's too long, and a lot of it should be saved for the Witness Statement in my opinion.

You haven't included these PCNs being a breach of the Equality Act 2010 because the operator failed to make reasonable adjustments for a motorist (a passenger in this case). The blue badge scheme does not apply on private land, but the EA 2010 does. Failing to make reasonable adjustments for a disabled motorist/passenger is indirect discrimination. Continuing to pursue the charge once they were made aware that an occupant of the vehicle was disabled and had protected characteristics as defined by the EA 2010 is direct discrimination. Both are criminal offences.

Even if a blue badge was not displayed, the operator knew or should have known that the vehicle was adapted for, and carrying a disabled person with protected characteristics.
(Does the vehicle bear a disabled sticker, or a warning sign to keep 3m clear at the back? I have a blue wheelchair sticker on the back of my wheelchair adapted car. They are cheap and easy to obtain. If such stickers/warnings were fitted, then you should mention them where you mention the car being adapted to take a wheelchair).

You should also quote the Jopson v Homeguard case where the judge stated that loading/unloading people and goods is not parking. This was an appeal case and is therefore persuasive on the lower courts. The case number is B9GF0A9E and the transcript is available online. Look around paras 19 and 20 for the judge's comments.