Multiple UKPC charges for tenant living in Private Rd

Coupon-mad

nadsterstar said:

...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."

Oh they are continuing due to the amount of money. Aah... there will be a hearing so you must do a very good WS.

Did you actually have THREE separate claims by this same Defendant/DCB Legal?

I see you mentioned an earlier claim that you paid:

"A claim form arrived while I was away and I missed the deadline, so CCJ was issued - I panicked and paid DCB legal £286.

Another claim form has arrived for 6 tickets totalling £1252 including court fees".

So altogether with 2 amalgamated claims you must be risking £2000 or more?

If so, I would contact Contestor Legal (Google them & read their blogs) and see if they can appear at the hearing for you and argue 'cause of action estoppel' due to the abuse of three claims, plus they can present your defence and seek costs. This is worth getting bespoke representation for because your case has a lot to cover and 4 figures at stake.

nadsterstar

I paid the first CCJ (for one PCN), then received another 2 claims (for 6 and then 3 PCN's).

In total, 10 PCN's from the 3 separate claims were all issued between 21st November 2021 and 24th February 2023. The first Claim issue date was 27th March 2023 (a month after the last PCN), therefore the claimant would have known about all the PCN's. 

I have emailed Contestor, hopefully will speak to them tomorrow. 

Coupon-mad

They might be too busy to help you write your WS (we can help with that) but hopefully they can diarise to attend your hearing.

nadsterstar

As i am going through the documents to compile the WS I have noticed something else which may be relevant.

On the 'particulars of claim' on 2 of the 3 claims against me, they have not included the road name where I parked the car. They did include the estate name, the other road names on the estate, and the correct post code, but not the actual road name where I was parked. Is that worth making a point of?  The third and final claim, they seem to have addressed this oversight and included the road name.

Coupon-mad

Yes I would state that.

Just seen another good WS by @kgirl123 tonight (only read the final versions of these examples of course). That's a new one.

Other good ones this Summer were by

@Defendant911

@Harry77

@Milliered

nadsterstar

Hi, I am almost done with first draft of the WS, but I am struggling to find information in the BPA code of practice or anywhere on the forum, what the reasonable period of time should be between issuing additional PCN's on a car that hasn't moved. I assumed it would be 24 hours, but cant find that confirmed anywhere? Can someone help to point me in the right direction?

Coupon-mad

I don't think it matters...does it?

Surely one main point is Henderson v Henderson cause of action estoppel due to this being a second claim (no 2 of THREE duplicate facts claims):

I did appeal the first ticket I received for this, and it was rejected by UKPC, so I paid up. I then received another one and after reading these forums, decided to ignore all the letters and wait for the claim form.
A claim form arrived while I was away and I missed the deadline, so CCJ was issued - I panicked and paid DCB legal £286.
Another claim form has arrived for 6 tickets totalling £1252 including court fees

The argument being they burnt their boats by failing to bring their whole case within that first claim.

Also primacy of contract: your tenancy agreement and grant allowing you to park a vehicle. Include this document as one if your exhibits plus the recommended ones lusted a-f in the NEWBIES thread as well) :

I also have a 'Use of communal grounds' sheet provided by the private estate management company, and given to me by my landlord. this only mentions one point about parking:

The RULES
For the conservation of the estates gardens and avoidance of undue disturbance, the following activities are not permitted.

9. Parking more than one private motor vehicle on the estate

nadsterstar

I just assumed that there would be guidance that would tell them not to keep adding more tickets onto a car, and double charging for the same breach?

Coupon-mad

I can't recall if it is there or not ... but unless some PCNs are dated the same day, I don't think it is a point to raise.

Stick to your strong points.

I've just edited my reply above yours to add more info.

nadsterstar

OK, I will post my first pass at the strong points in the WS. Can I check if it is best to write this in the first person, or 'The Defendant' (considering I may have representation from Contestor)