Kicking the hornets nest

Saverule

Hi All,

I never thought to come to MSE forum for advice, and so I’ve probably made a few mistakes along the way- relying on Justice prevailing. 

So, I had a parking ticket from UKPC, who are being represented by DCB Legal. I ignored the fine and the subsequent letters, till they threatened legal action against me. 

Sent some stroppy emails. 

Received CCJ proceedings paperwork, defended claim, and here is where I may or may not have F’ed up, kicking the hornets nest… I also submitted a counterclaim, as the foundation of the case surrounds disability discrimination. 

Sent directions questionnaire and received theirs. I’ve received a hearing date for next month at my home court (YAY). However, they haven’t paid their trial fee and have until today to do so. It’s been radio silence on their end, haven’t had an emails or calls from them- although I did say in an email them contacting me constitutes harassment.

Some questions I have:

- Do you get notice of if/when they pay their trial fee? 

- IF they don’t pay their trial fee, does their claim get struck out and the counter claim continue? 

- IF they do pay their fee, am I able to complete N244 form to request it struck out due to abuse of process? 

I have a pretty sturdy case, so happy to go to court, but ideally would like to nip this in the bud. 

TIA 

Half_way

Woah, hold on a moment 
You have had no fine, and you have not got a CCJ, or CCJ proceedings 
 If this involves a disability discrimination, aka equalities act breach then in order not to make a mess of it you need to get things right.

If you want help, and you don't want to run the risk of getting into a costly mistake, please answer a few questions:

Who's car park was/is this, and where?
Why did the vehicle receive a parking charge notice?

And finally do not attempt to guess as to the drivers identity, unless you have already done that

Saverule

The car park was Rydon Lane Retail Park in Exeter. 

The owner is referred to as “C” it is managed by UKPC and DCB Legal are the legal representatives.

I haven’t stated the driver, only the occupants of the vehicle [2 of which have disabilities]. 

The vehicle received a PCN for parking in a blue badge holder parking bay, without displaying blue badge. [1 of the occupants has no awareness of danger, which is written in medical and educational reports.] At the time of contravention, they were being assessed for a Blue Badge, which they’ve since received. 

DCB Legal were made aware of the 2 occupants disabilities during the debt collection phase. They submitted CCJ paperwork after that. 

Umkomaas

Saverule said:

Hi All,

I never thought to come to MSE forum for advice, and so I’ve probably made a few mistakes along the way- relying on Justice prevailing. 

So, I had a parking ticket from UKPC, who are being represented by DCB Legal. I ignored the fine and the subsequent letters, till they threatened legal action against me. 

Sent some stroppy emails. 

Received CCJ proceedings paperwork, defended claim, and here is where I may or may not have F’ed up, kicking the hornets nest… I also submitted a counterclaim, as the foundation of the case surrounds disability discrimination. 

Sent directions questionnaire and received theirs. I’ve received a hearing date for next month at my home court (YAY). However, they haven’t paid their trial fee and have until today to do so. It’s been radio silence on their end, haven’t had an emails or calls from them- although I did say in an email them contacting me constitutes harassment.

Some questions I have:

1. - Do you get notice of if/when they pay their trial fee? 

2. - IF they don’t pay their trial fee, does their claim get struck out and the counter claim continue? 

3. - IF they do pay their fee, am I able to complete N244 form to request it struck out due to abuse of process? 

I have a pretty sturdy case, so happy to go to court, but ideally would like to nip this in the bud. 

TIA 

1. No, but you can call the court to check if it has been paid. They usually do pay the fee (but see below **)

2. The claim is 'stayed' and the counterclaim should continue, but you'll need to make certain it continues on track, sometimes the counterclaim gets forgotten in the 'stay'. 

3. Form N244 is a set aside application when a CCJ (J = Judgment) has been made. Nothing to do with 'nipping this in the bud'. 

Did you pay the counterclaim fee at the time of making the cc?  Are you aware that very few ccs succeed in these private parking cases?  I know you say the cc is in relation to 'disability discrimination', can you expand on that please?

** Are you aware that as long as the defendant continues to meet all the requirements of the court process, there is every prospect thar DCB Legal will discontinue the claim (but your counterclaim may put a different slant on things, and disrupt that possibility).

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Saverule

Umkomaas said:

Saverule said:

Hi All,

I never thought to come to MSE forum for advice, and so I’ve probably made a few mistakes along the way- relying on Justice prevailing. 

So, I had a parking ticket from UKPC, who are being represented by DCB Legal. I ignored the fine and the subsequent letters, till they threatened legal action against me. 

Sent some stroppy emails. 

Received CCJ proceedings paperwork, defended claim, and here is where I may or may not have F’ed up, kicking the hornets nest… I also submitted a counterclaim, as the foundation of the case surrounds disability discrimination. 

Sent directions questionnaire and received theirs. I’ve received a hearing date for next month at my home court (YAY). However, they haven’t paid their trial fee and have until today to do so. It’s been radio silence on their end, haven’t had an emails or calls from them- although I did say in an email them contacting me constitutes harassment.

Some questions I have:

1. - Do you get notice of if/when they pay their trial fee? 

2. - IF they don’t pay their trial fee, does their claim get struck out and the counter claim continue? 

3. - IF they do pay their fee, am I able to complete N244 form to request it struck out due to abuse of process? 

I have a pretty sturdy case, so happy to go to court, but ideally would like to nip this in the bud. 

TIA 

1. No, but you can call the court to check if it has been paid. They usually do pay the fee (but see below **)

2. The claim is 'stayed' and the counterclaim should continue, but you'll need to make certain it continues on track, sometimes the counterclaim gets forgotten in the 'stay'. 

3. Form N244 is a set aside application when a CCJ (J = Judgment) has been made. Nothing to do with 'nipping this in the bud'. 

Did you pay the counterclaim fee at the time of making the cc?  Are you aware that very few ccs succeed in these private parking cases?  I know you say the cc is in relation to 'disability discrimination', can you expand on that please?

** Are you aware that as long as the defendant continues to meet all the requirements of the court process, there is every prospect thar DCB Legal will discontinue the claim (but your counterclaim may put a different slant on things, and disrupt that possibility).

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Thanks for the reply, thought as much. 

I’ll call the court now to check. If they’ve paid fee. 

Yes, I paid CC fee at the same time submitting defence. I have submitted a comment which outlines the disability discrimination part. 

Half_way

Have you got in touch with the car park owner (retail park)?

Saverule

No. I haven’t. I don’t know who exactly I’d contact. There’s a number of units on the site. 

Called the court: they’ve paid the hearing fee. 

There’s a few other aspects of the case, should the disability/private land not hold up. Wish me luck! I’ll come back with an update. 

Umkomaas

Saverule said:

No. I haven’t. I don’t know who exactly I’d contact. There’s a number of units on the site. 

SOME IDEAS ON DETERMINING WHO OWNS THE LAND 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail

Half_way

this the place? https://completelyretail.co.uk/scheme/2544 owner details there

Umkomaas

Half_way said:

this the place? https://completelyretail.co.uk/scheme/2544 owner details there

...... and download the brochure, which gives you the name of the managing agent, a contact name and contact address. Use that.

Saverule

Thanks half way, I’ve emailed them via the brochure. I’m actually a customer of theirs as well!