UKCP/DCBL - PCN sent to old address - County Court Claim

The_Don

Hello

I would just like to start by saying thank you to everyone for the helpful guides posted on here, I have been lurking for a while and learning a lot! 

 I had a PCN sent to an old address for over staying a 3 hour limit and now I am at the stage DCBL have issued a county court claim and would like some feed back on my planned defence. I will start with a bit of a timeline/overview of the claim. 

18/11/22 - I moved house and updated my details via post with the DVLA.

26/11/22 - I rented a van for 5 hours to collect furniture leaving my car parked in a retail park managed by UKCP.  
- At the time the only visible and readable signs seen said there was a 90 minute limit on match days, This was not a match day so I assumed there was no limit nor had I been told about any limit by the rental company.

(DCBL have even sent my their photos of the signs, which is two with small print T&C which as a dyslexic is impossible to read, 5 examples of the 90 minute signs and only a proof copy of a sign in large print stating there is a 3 hours limit.)

29/11/22 - The DVLA have processed and updated my address ( I made a request to them and they have sent a dated copy to me)

30/11/22 - A PCN is sent by UKCP to my old address 
14/12/23 - A notice to Keeper was sent by UKCP to my old address 
19/04/23 - DCBL send me a letter to the correct address (First point I was aware of the PCN)

Naively I contacted both DCBL and UKCP to appeal this all I got back was demands for money and threats of further charges.

Weirdly during this back and forth I had an email from DCBL saying they were no longer instructed for the debt recovery so was quite shocked when the Claim form came in the post. (I now realise I have been confused by purposefully misleading branding between DCB Legal and DCB Ltd)

07/07/2023 - Issue Date for the Claim 
16/07/2023 - AOS 

So below is what I have written for my defence, I was planning on adding it to the template defence from here, though I don't know if I should add all the points on, they seem relevant but don't know if that would be over egging it. 

Thanks in advance for any feed back 

Don 

1.       On the 26th of November 2022 the defendant’s car was parked at Leeds Road Retail Park, Leeds Road, Huddersfield, HD1 6PF. This was while the driver was making use of a van rental service from hetz 24/7, renting a van for 5 hours. The driver was never informed by hertz or another party of any time restraints. The only visible and readable signage seen stated there was a 90 minute limit on match days. It did not state any 3-hour limit. There were no matches on this day so it was presumed by the driver that there was no limit.

2.       A PCN was sent to the defendants’ old address on the 30/11/23 and a notice to keeper on the 14/12/23, the defendant had moved 1 week prior to the incident and updated the DLVA. The DVLA had the defendants’ correct address at the time the PCN and notice to keeper were sent and the Claimant could have sent both to the correct address.

3.       As such the defendant was unaware of any charges until a letter was sent by DCBL. The defendant contacted both UKCP and DCBL to make them aware of their mistakes and request the opportunity to appeal the PCN. Both UKPC and DCBL have refused to engage with the defendant and deal with this away from court. They have only threatened the defendant with court and further charges in the hope they will give in and pay their unfair punitive charges.

4.       The defendant denies any keeper liability, the notice to keeper has not be served correctly and no opportunity had been given for the defendant to appeal the charge.

KeithP

The_Don said:

07/07/2023 - Issue Date for the Claim 
16/07/2023 - AOS 

Hello and welcome.

With a Claim Issue Date of 7th July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 9th August 2023 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave the preparation of it to the last minute. However, you should leave the filing of it as late as possible.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline 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

Don't use the word 'presumed'.

Say 'it was the Defendant's honest belief that...' then talk about the ambiguous terms:

DCBL have even sent my their photos of the signs, which is two with small print T&C which as a dyslexic is impossible to read, 5 examples of the 90 minute signs and only a proof copy of a sign in large print stating there is a 3 hours limit.

Have you read other DCBLegal / UKPC threads and spotted that we now always advise people to add the paragraphs 5-11 in the defence by @Johny86 ?

AND have you read all the defence cases in July where we are telling everyone to DELAY THEIR DEFENCE EMAIL to close to their deadline, and why July is a big month?

B789

When you say you upodated your DVLA address, are you referring to your drivers licence? What about the V5C logbook? It is the information in the V5C that the scammers get your address from. If there is even an iota of doubt which address they are using, you MUST send a data rectification email to the DPOs of both UKPC and DCB Legal and the court instructing them to "ERASE" your old address and update with your current one. Failure to do this could lead you to a default CCJ. Do not put it past the scammers to try that old trick. The word "ERASE" is highlighted for a reason.

As this is a DCB Legal/UKPC defence you need to use the defence template as shown in the link below. You need to use ALL the paragraphs and the ones you add. If you add more than paras #2 and #3, renumber all subsequent paragraphs sequentially with integers.

Your added paras only need to be short, punchy responses to the actual allegations on the woefully inadequate PoC as signed by Yasmin Mia. Do not add anything that is not referred to in the PoC. It is up to the claimant to prove their case. Don't do that for them.

If you have been studying this forum, you will know by now that if you carefully follow the advice and submit a robust defence to the claim, UKPC/DCB Legak will eventually discontinue.

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

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

The_Don

Thank you!

Yes I have already added them to my defence! 
 
I have done some more reading of your recent posts and assume your referring to the DLUHC Impact Assessment?

I shall wait and see what comes of it, however I am away camping on my deadline date week so may put it in the week before in case of signal issues!

 

The_Don

B789 said:

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

Thank you, yes it’s my V5 for keepers address that I updated and had the response from the DVLA as when they updated it. I am happy everything is coming to the correct address but thank you again for your advice.

I shall amend my defence to be a vague as their claims like you suggest.

Coupon-mad

That's OK, you have until 4pm on Wednesday 9th August 2023 to file your Defence.

We hope to see the draft IA any week now (in July) so you might be able to incorporate some damning words from the Government before your hols!

The_Don

Just had an email from DCBL - ‘Our client has instructed us to discontinue Court proceedings and close our file.’ 

Thanks for all the help!

Don 

1505grandad

Very well done. 

I don't think this one has been linked for "disco" inclusion? @Umkomaas

Umkomaas

1505grandad said:

Very well done. 

I don't think this one has been linked for "disco" inclusion? @Umkomaas

Up in lights shortly. 👍

Coupon-mad

The_Don said:

Just had an email from DCBL - ‘Our client has instructed us to discontinue Court proceedings and close our file.’ 

Thanks for all the help!

Don 

Yay! WELL DONE.  YOU WON.

ANOTHER ONE BITES THE DUST!

Just to add:

A favour PLEASE if you want this litigation incentivised model to be stopped:

https://committees.parliament.uk/committee/102/justice-committee/news/198166/new-inquiry-justice-committee-launches-new-inquiry-on-the-work-of-the-county-court-amid-capacity-and-resource-concerns/

They extended the deadline until January:

https://committees.parliament.uk/work/7972/work-of-the-county-court/

I've been posting a lot about it on threads to encourage victims to tell the Justice Committee that consumers need a bespoke 'parking pre-action protocol' designed to keep cases out of court.

Your case has ruined your peace of mind for ages, only for DCB Legal to walk away when you didn't blink.

This treatment of motorists should be illegal.

The 'debt claims pre-action protocol' is not fit for purpose for these cases.

It intrusively asks victims on the 'debt reply form' (you had that months ago) to tell some random thug/rogue ex-clampers all about their household, assumes there is a 'debt' owed under a credit agreement - which there isn't - and the debt claims procedure doesn't match the DLUHC's incoming Code of Practice

This inquiry is currently accepting evidence

The committee wants to hear your views. We welcome submissions from anyone with answers to the questions in the call for evidence. You can submit evidence until Wednesday 17 January 2024.