Help with UKPC/DCB legal claim

Serendipity70

Hi, unfortunately I submitted my defence as follows which should probably have been my witness statement:

 I was the driver of  vehicle ---- that was issued a PCN at ------- on 2. ---------
3. The PCN was issued on the ------ staff car park which the claimant states is private land managed by them. I had a permit to park in the staff car park.
4. At no point did I agree to pay the PCN charge within 28 days. I appealed the PCN to UKPC online on within 14 days and received an email confirmation of receipt. I did not receive a notice of rejection. I believe that UKPC are obliged to respond to an appeal in writing. The next correspondence I received in relation to this was a letter from Debt Recovery Plus Ltd on 09/11/2017 threatening legal action unless I paid £130. I was not given the opportunity to pay the original charge following a rejection of the appeal and
could no longer appeal independently via POPLA because it was thenoutside the 28 days allowed for independent appeal. I wrote letters to UKPC appeals on 09/11/2017, 23/11/2017 and 14/12/2017 without receiving a response. I have copies of those letters if required. The only communication I had from UKPC was an email
dated 23/11/2017 stating they had emailed me on the 28/09/2017 - I did not receive any such email and they have not been able to produce this. At the time of issue of the PCN I was a ----- working at ------ and paid a monthly charge by direct debit for a staff car park permit. On the day in question my car had been in for service and in error the permit was not displayed correctly. I felt I had reasonable grounds to appeal given that I had already paid to use the car park and had a valid permit. I explained this and asked if the points above could be taken into consideration. As stated I had no response from them and assumed the matter settled until receiving the letter on 09/11/2017 from
Debt Recovery Plus. If UKPC had given notice of rejection I could have appealed independently and if this had been rejected by POPLA I would have then paid the charge.
I dispute this claim because UKPC did not follow due process. They have not shown evidence that I agreed to pay within 28 days, they did not reply to any of my letters, they did not serve notice of rejection or give me opportunity to apply for an independent appeal. I also dispute £130 being the total of the PCN and any damages as
they did not incur any loss of income from my actions as they had already received payment from me to park on the ------ staff car park.

 Please could you advise if I can apply some of the defence template to the witness statement? Since submitting the defence I sent an SAR to UKPC and they have produced a copy of a reply to my appeal which I never received - are they low enough to produce fake documents?

Coupon-mad

Use the WS by @aphex007

At least you covered some ground in that defence.

B789

Serendipity70 said:

Since submitting the defence I sent an SAR to UKPC and they have produced a copy of a reply to my appeal which I never received - are they low enough to produce fake documents?

They are a bottom-dwelling scammer. What do you think? However, you have no way of proving that they didn't send it. At least your defence has a few points worthwhile in it but it isn't the robust one we recommend.

For now, have you received your N180 DQ yet? Your MCOL history will tell you. Just follow the 12-point checklist as per the defence template thread for now which explains what to expect and when. Hopefully, the intellectually malnourished DCB Legal will follow the usual, robotic course of action with a letter confirming that they intend to proceed with the claim but will settle for a reduced amount (which you ignore) followed by allocation to small claims and a hearing date. Eventually, they will try and contact you to settle for a bit more (which you also ignore) and then they will discontinue because it is not worth their while to deal with someone who is not as gullible as the general population and they will put their efforts into finding someone with a weaker constitution and target them.

Serendipity70

Coupon-mad said:

Use the WS by @aphex007

At least you covered some ground in that defence.

Thank you. I can't find the witness staement @aphex007 - please could you direct me?

Serendipity70

B789 said:

Serendipity70 said:

Since submitting the defence I sent an SAR to UKPC and they have produced a copy of a reply to my appeal which I never received - are they low enough to produce fake documents?

They are a bottom-dwelling scammer. What do you think? However, you have no way of proving that they didn't send it. At least your defence has a few points worthwhile in it but it isn't the robust one we recommend.

For now, have you received your N180 DQ yet? Your MCOL history will tell you. Just follow the 12-point checklist as per the defence template thread for now which explains what to expect and when. Hopefully, the intellectually malnourished DCB Legal will follow the usual, robotic course of action with a letter confirming that they intend to proceed with the claim but will settle for a reduced amount (which you ignore) followed by allocation to small claims and a hearing date. Eventually, they will try and contact you to settle for a bit more (which you also ignore) and then they will discontinue because it is not worth their while to deal with someone who is not as gullible as the general population and they will put their efforts into finding someone with a weaker constitution and target them.

Thank you. I thought so. No N180 DQ yet.  I've had an email about settling and a copy of their directions questionnaire - they feel it is not suitable for determination without hearing because the 'Claimant will need the opportunity to cross examine the Defendant and test any evidence put forward by the defendant. There are also complex issues of fact and law that will be best argued orally'

The brazen cheek of them.

KeithP

Serendipity70 said:

Coupon-mad said:

Use the WS by @aphex007

At least you covered some ground in that defence.

Thank you. I can't find the witness staement @aphex007 - please could you direct me?

Click on that link and read his discussions. 
He only has two discussions. Should be quite straightforward.

Serendipity70

Thanks I see the discussions now.

Serendipity70

 I received the following email yesterday afternoon from DCB Legal:

From: (Removed by Forum Team) <(Removed by Forum Team) @dcblegal.co.uk>
Date: 26 June 2023 at 15:32:00 BST
To: 
Subject: Our ref: (Removed by Forum Team)

 

Dear --------------, 

 We act for the Claimant in the above matter.  

Our client has instructed us to discontinue Court proceedings and close our file. Therefore, please find enclosed the Claimant’s N279 Notice of Discontinuance for your records.  

 

The attached has also been filed with the Court. 

 

We will now proceed to close our file accordingly. 

Kind Regards, 

 

(Removed by Forum Team) 

Paralegal 

DCB Legal Ltd  

They telephoned repeatedly leaving messages asking me to ring them for the past 2 weeks and even made a last desperate attempt yesterday morning! I got as far as the defence statement and wasn't asked to submit the witness one. Thanks very much for the helpful and advice and support on here. I have updated on the DCB legal discontinuation thread too.

DE_612183

Interesting that they sent an email from a real person ( well it looks like one anyway ) rather than sending a letter.

Coupon-mad

Serendipity70 said:

 I received the following email yesterday afternoon from DCB Legal:
 

Dear --------------, 

 We act for the Claimant in the above matter.  

Our client has instructed us to discontinue Court proceedings and close our file. Therefore, please find enclosed the Claimant’s N279 Notice of Discontinuance for your records.  

They telephoned repeatedly leaving messages asking me to ring them for the past 2 weeks and even made a last desperate attempt yesterday morning! I got as far as the defence statement and wasn't asked to submit the witness one. Thanks very much for the helpful and advice and support on here. I have updated on the DCB legal discontinuation thread too.

Yay! A discontinuance = a win!

ANOTHER ONE BITES THE DUST!

Serendipity70

In the post yesterday I received a document ‘Notice of proposed allocation to the small claims court’, dated 2.8.23. Same claim number. 

 On the MCOL website it states:
Cast stay lifted 2.8.23
DQ sent to you on 2.8.23
DQ filed by claimant on 2.8.23

Just when I thought the harassment was over.. Can they pursue this when they sent the Notice of discontinuance on 26.6.23?