Multiple UKPC charges for tenant living in Private Rd

nadsterstar

An update and some questions and concerns.

I have 2 claims currently in process.

Claim-A is now at Notice of Allocation to Small Claims Track , I received a letter from Croydon County Court which has Judge Rowland named. No court date is set as yet.

Concern 1. I have searched the forum and found the following thread in which a similar case was lost by the defendant, same judge:

Claim issued over residential parking - Page 5 — MoneySavingExpert Forum

With this in mind I may need to consider how the Witness statement is put together to avoid a similar fate. I have not started putting the witness statement together as yet.

nadsterstar

Claim-B is at DQ Stage.

Concern 2. I received a letter today 'General Form of Judgment or Order' that says that I failed to file the Directions Questionnaire by the specified date. However, I never received the DQ! (I checked the MCOL and can see that the DQ was filed by the claimant on 03/11/2023)

The sanctions order states that I must file the DQ within 7 days of the letter, which was dated 17th January. Today is the 24th! So I have sent a DQ to CCBCAQ email address (and dcblegal), but only got it there at just after 5pm. Do you think this will count as within 7 days?? Hopefully my defence won't get struck out, very frustrating that the court rely so much on a shoddy postal service for these things. Kicking myself for not checking MCOL earlier.

Is it worth me phoning CCBC tomorrow and explain what happened?

Coupon-mad

That's fine, as long as you got the acknowledgement email wittering on about delays.

nadsterstar

Update.

I have just received a letter from the court stating that both of the active claims are going to be dealt with at the same hearing in November.

"At the final hearing the court will consider whether:

a) xxx2ndclaimxxx was an abuse of process because the claims are between the same parties for the same nature of parking the same vehicle on the same land and the facts were known to the claimant when xxx1stclaimxxx was issued; and

b) If not, but the claimant succeeds in part on both claims, whether the claimant should recover 2 issue fees, costs on issue and hearing fees as well as the claims themselves."

I suppose this is a positive thing, since I will only need to do one Witness Statement, and the court is recognising that UKPC/DCBLegal are abusing the legal system.

Coupon-mad

nadsterstar said:

Update.

I have just received a letter from the court stating that both of the active claims are going to be dealt with at the same hearing in November.

"At the final hearing the court will consider whether:

a) xxx2ndclaimxxx was an abuse of process because the claims are between the same parties for the same nature of parking the same vehicle on the same land and the facts were known to the claimant when xxx1stclaimxxx was issued; and

b) If not, but the claimant succeeds in part on both claims, whether the claimant should recover 2 issue fees, costs on issue and hearing fees as well as the claims themselves."

I suppose this is a positive thing, since I will only need to do one Witness Statement, and the court is recognising that UKPC/DCBLegal are abusing the legal system.

They'll discontinue before that hearing.

But I like that Judge! That's very positive.

Please show a picture of the Order, showing the Court, Judge and date but cover your name and the Claim Number.

What's your WS deadline?

nadsterstar

Thanks Coupon-Mad, I love your confidence on the discontinuance! Copy of the order is below.

The key dates I have are:

4th October 4pm - Deadline for UKPC to pay the trial fee or the case will be discontinued
15th October - Deadline for Witness statement to be submitted (no later than 14 days before hearing)
1st November 2pm - Hearing

So I should know on 5th October whether to begin preparing the Witness Statement and will have 10 days to do so. Do you know how I will find out? Will it appear instantly on MCOL, or will I have to contact the court to find out?



Thanks as always 

Coupon-mad

It won't appear anywhere and MCOL is history.  I think you'll soon get phone calls or emails asking for settlement.

Reply and tell them to hurry up and discontinue. Be rude.  As narky as you like.

nadsterstar

Hi, I have now passed the date when the trial fee should have been paid by UKPC. How can I find out if this has been done? (Then I will need to quickly pull together my Witness Statement!)

4th October 4pm - Deadline for UKPC to pay the trial fee or the case will be discontinued
15th October - Deadline for Witness statement to be submitted (no later than 14 days before hearing)
1st November 2pm - Hearing

Coupon-mad

Ring your court and ask.

nadsterstar

Thanks @Coupon-mad.  I called them and UKPC have paid the trial fee. So it looks like this one is going to court. I will begin to prepare the witness statement.