UK PC Claims received

LionsShare

Hi all,

I'm hoping someone can advise me on the issues I'm having with UKPC.

I have a small business managing properties and one of the flats I manage has an allocated parking space. The management company of the block use UKPC. Rules are you need a permit displayed in the windscreen to park there and you must be in the allocated space. I purchased x2 permits @ approximately £25 each when we first took over managing the flat. 

Over the time I've been managing the flat (2.5 years) I have received multiple pcn's.  I ignored all of them as I felt they were unfair and excessive. Sometimes I have been the driver visiting the flat and other times it has been another vehicle (in my name also) and a different driver doing maintenance on the flat. The van doesn't fit in the parking space and also requires closer proximity to drop of heavy items etc. 

In December 2022 I noticed £550 ccj on my credit report. I did not receive any paperwork or claim form as it was all to previous address (car, van and DVLA had all been informed of my change of address. I paid the ccj within 30 days in full in order to remove it - a ccj looks very bad for me and stops me from being able to obtain the funding that my business relies on so I felt I had no choice but to pay it even though I didn't agree with it.

Then on May 4th I received x2 claim forms (both again sent to previous address). One for approx. £2000 and one for approx. £3000. Both exactly the same other than for different vehicles and different dates for the pcns. I acknowledged the claims and also send DCBLegal a letter requesting required documentation to make my defence. They did not reply. I then sent a reminder email. My intention was to file a holding defence but I stupidly got my dates wrong and missed the deadline to file my defence and unfortunately have now received x2 ccjs. 

On top of that I have now received a further claim form dated 7th June (again to previous address) which I intend to defend.

My question is as follows:

1. What do I do about the x2 recent ccjs? I cannot afford to pay them. Can I apply to get the Judgments set aside, using from N244? If so under what grounds? (considering I acknowledged and also sent a letter requesting documents)
2. Should I still file my holding defence to the court even though I've missed the deadline? 
3. What are the best next steps?

Thanks all

LionsShare

Also when sending a N244 is it best to do it via MCOL or send form to the courts?

Coupon-mad

Oh no.  Waiting cost you £5000.

You might have dodgy grounds to set the CCJs aside because you acknowledged the claims.

You didn't defend two four figure claims, so you'll have to pay them both in full on DCBLegal's website IMMEDIATELY.  I am so sad.  You could have paid nothing if you'd just defended.

If you don't pay, DCB bailiffs will turn up.

Do not phone DCBLegal and DO NOT be told to deal with DCBLtd.  They will add money on top for what we think is no valid reason.

Pay DCBLegal on their portal.  Do NOT ask to pay in instalments. 

I am so sorry.

At least defend the final one and how about counterclaiming for £6000 for your money back, for what this has cost you?  All because they didn't bother to use an up to date address then didn't bother to reply, AND raised FOUR SEPARATE CLAIMS which goes against the doctrine of cause of action estoppel.

All PCNs should have been in that first litigation 6-7 months ago and that single claim should have gone to your correct address, so this series of claims was an abuse of process and cost you almost £6k.

May as well try to recover it with a counterclaim, given you must do a defence anyway.  Look up the fee for a £6000 claim. It's not cheap and would have to be well-pleaded in law but because we know they used an old address and split the PCNs across 4 claims, there is an argument to be made here to try to recover your money.

LionsShare

Unfortunately paying is not an option, I simply don't have it.
This could also mean the end of my business that I've worked so hard for as I now won't be able to get any funding - which is something my business relies on.

KeithP

LionsShare said:

Unfortunately paying is not an option, I simply don't have it.
This could also mean the end of my business that I've worked so hard for as I now won't be able to get any funding - which is something my business relies on.

Sorry to read that, but couldn't you have predicted that something bad might happen?
You told us...

LionsShare said:

 I have received multiple pcn's.  I ignored all of them as I felt they were unfair and excessive.

Coupon-mad

LionsShare said:

Unfortunately paying is not an option, I simply don't have it.
This could also mean the end of my business that I've worked so hard for as I now won't be able to get any funding - which is something my business relies on.

Oh dear.

Plan B would be to apply to stay the writ (costs just £14 per claim) and hope this follows the same course as shown on the thread by @So_Jacob

The trouble is:

- you acknowledged both claims so you need to cross your fingers this works, because by doing the AOS you have shown that the claims WERE properly served;

and even worse

- making a n244 application might cost 2 x £275 if the CCBC tell you there's no writ to stay

and even worse:

- applying to set these aside DOES NOT FREEZE THE TWO CCJs. You will have two CCJs for months - and if the Judge disagrees that these can be set aside, they will remain for 6 years

and even worse;

- DCB will turn up to enforce these CCJs with High court writs, either next week or next month (or straight after a lost court hearing) if you don't pay.

My advice was the safe way to proceed.

Plan B above is risky.

DO NOT DO NOTHING

Choose a route this week! 

LionsShare

Yes I absolutely predicted that something bad might happen but there's no way I could have paid all those parking fines either then or now. Sometimes 2 or even 3 tickets in one day! ....all at £100 each ...if we were working on the flat and needed to unload / load, often we would quickly take items up to the flat and by the time we came down to move the vehicle into the allocated parking space the pcn was already there (5 mins).  I had purchased a valid permit and was displaying it. I purchased more than one. Some pcn's even accused me of having a counterfeit permit?!  

There is nothing I could have done - the management company who hire UKPC did not care and would do nothing.

LionsShare

Coupon-mad said:

LionsShare said:

Unfortunately paying is not an option, I simply don't have it.
This could also mean the end of my business that I've worked so hard for as I now won't be able to get any funding - which is something my business relies on.

Oh dear.

Plan B would be to apply to stay the writ (costs just £14 per claim) and hope this follows the same course as shown on the thread by @So_Jacob

The trouble is:

- you acknowledged both claims so you need to cross your fingers this works, because by doing the AOS you have shown that the claims WERE properly served;

and even worse

- making a n244 application might cost 2 x £275 if the CCBC tell you there's no writ to stay

and even worse:

- applying to set these aside DOES NOT FREEZE THE TWO CCJs. You will have two CCJs for months - and if the Judge disagrees that these can be set aside, they will remain for 6 years

and even worse;

- DCB will turn up to enforce these CCJs with High court writs, either next week or next month (or straight after a lost court hearing) if you don't pay.

My advice was the safe way to proceed.

Plan B above is risky.

DO NOT DO NOTHING

Choose a route this week! 

Thanks for your good advice Coupon-mad it's much appreciated. I have some thinking to do

LionsShare

Can't seem to find the thread by @So_Jacob

KeithP

LionsShare said:

Can't seem to find the thread by @So_Jacob

The username is @SoJacob
This is the thread you are looking for...
Please help- Please help !! PCN from Vehicle control services ltd

Be warned - there are five hundred and forty-six posts on that thread.  

LionsShare

I'm just wondering (and read in the @SoJacob thread) that if the set aside is refused I would be allowed a short time afterwards to pay the judgement in full in order to remove it. Is this the case? If so it alleviates the risk a little.