DCB Legal Claim for 3 PCN for Business Vehicles

UKPUMPMAN

Hi All, 
This might be a bit of a strange case, having read through NEWBIES etc. I thought I would start a thread to see if any of you had any ideas for me.

I work for a company owned by my dad, we were carrying out emergency works at a site that would have experienced overflowing sewage if it was not for us carrying this out. In October 2022 We had 3 vehicles with heavy equipment so had to park on site close to the entrance to the property. No tickets were affixed to the windscreens, but the company I work for received 3 notices from National Parking Control claiming we owed £100 for 'Being parked in a roadway where prohibited'.

I contested this telling them it was emergency works and we needed to park there due to the equipment and attached our job sheet (I have to do this often and never usually have problems/ always get's cancelled).

They responded with a generic email with no reference to any of the points I made. Due to this, I decided to ignore them and not pay the charges.

May 2023 I was sent 3 'Letter of Claim' letters from DCB Legal in my name to my personal address, I responded with a letter stating my companies position and that we would happily have our day in court, but also informing them that I personally was not the driver or keeper of the vehicle, just an employee of the company and that any future correspondence should be made out to the company (NOT ME) and sent to the company address.

I received an email in July claiming we still owed the amount but also they said 'Regarding your request to change addresses, please note that the details provided do not bring up a serviceable address. As such, we are not able to change the details.' 

The address was correct and we received the initial letters there from National Parking Control. 
Thinking this was all a complete scam, I decided to have no further contact with the company.

I have now received 3 Claim Forms (IN MY PERSONALL NAME to my address) from the Civil National Business Centre. (which is why I found this incredibly helpful forum which I wish I had found earlier in proceedings.)

I have completed the AOS, but now need to draft my defence.
I have the template but just wondering if anyone has any ideas regarding the use of my personal details and how I can argue this?

Many thanks in advance

B789

What is the "issue date" on the claim forms? Also, what do they show in the sums being claimed? Have they added the illegal £70 to each separate claim?

UKPUMPMAN

B789 said:

What is the "issue date" on the claim forms? Also, what do they show in the sums being claimed? Have they added the illegal £70 to each separate claim?

The issue date is 01 Sep 23 (I only got the letters yesterday). 
Yes they have added the £70, a £35 court fee and £50 Legal representatives cost.
Total for each claim is £256.72

B789

What date did you submit the AoS? Your MCOL will give you the definitive answer to that. If it was after the 6th of September, then you have until 4 pm on Wednesday 4th of October to file your defence. @KeithP will hopefully confirm.

Were the NtKs PoFA compliant? What was the date of the event and what was the date on the first NtKs you received?

UKPUMPMAN

B789 said:

What date did you submit the AoS? Your MCOL will give you the definitive answer to that. If it was after the 6th of September, then you have until 4 pm on Wednesday 4th of October to file your defence. @KeithP will hopefully confirm.

Hi B789,
I submitted the AoS yesterday evening

UKPUMPMAN

B789 said:

Were the NtKs PoFA compliant? What was the date of the event and what was the date on the first NtKs you received?

Yes they were PoFA compliant. The event occurred on 13/10/23 and received the letter 17/10/23 (it says date of posting 14/10/23)

Castle

UKPUMPMAN said:

B789 said:

Were the NtKs PoFA compliant? What was the date of the event and what was the date on the first NtKs you received?

Yes they were PoFA compliant. The event occurred on 13/10/23 and received the letter 17/10/23 (it says date of posting 14/10/23)

Time traveller!

KeithP

UKPUMPMAN said:
The issue date is 01 Sep 23.

UKPUMPMAN said:

I submitted the AoS yesterday evening

With a Claim Issue Date of 1st September, and having filed an Acknowledgment of Service in a timely manner, you do indeed have until 4pm on Wednesday 4th October 2023 to file your Defence.

That's three weeks away. Plenty of time to produce a Defence and it is good to see that you are not leaving it to the last minute.

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

UKPUMPMAN said:

Hi All, 
This might be a bit of a strange case, having read through NEWBIES etc. I thought I would start a thread to see if any of you had any ideas for me.

I work for a company owned by my dad, we were carrying out emergency works at a site that would have experienced overflowing sewage if it was not for us carrying this out. In October 2022 We had 3 vehicles with heavy equipment so had to park on site close to the entrance to the property. No tickets were affixed to the windscreens, but the company I work for received 3 notices from National Parking Control claiming we owed £100 for 'Being parked in a roadway where prohibited'.

I contested this telling them it was emergency works and we needed to park there due to the equipment and attached our job sheet (I have to do this often and never usually have problems/ always get's cancelled).

They responded with a generic email with no reference to any of the points I made. Due to this, I decided to ignore them and not pay the charges.

May 2023 I was sent 3 'Letter of Claim' letters from DCB Legal in my name to my personal address, I responded with a letter stating my companies position and that we would happily have our day in court, but also informing them that I personally was not the driver or keeper of the vehicle, just an employee of the company and that any future correspondence should be made out to the company (NOT ME) and sent to the company address.

I received an email in July claiming we still owed the amount but also they said 'Regarding your request to change addresses, please note that the details provided do not bring up a serviceable address. As such, we are not able to change the details.' 

The address was correct and we received the initial letters there from National Parking Control. 
Thinking this was all a complete scam, I decided to have no further contact with the company.

I have now received 3 Claim Forms (IN MY PERSONALL NAME to my address) from the Civil National Business Centre. (which is why I found this incredibly helpful forum which I wish I had found earlier in proceedings.)

I have completed the AOS, but now need to draft my defence.
I have the template but just wondering if anyone has any ideas regarding the use of my personal details and how I can argue this?

Many thanks in advance

I think you have grounds to also counterclaim.

They are notoriously hard to plead and win, though.

If I were you I'd ask David (who posts here on the forum as @bargepole ) if he fancies taking it on and writing you a well-pleaded defence & counterclaim.

For a small fee he can help you and I suspect the counterclaim should be four figures because you are the wrong Defendant:

https://smallclaimsadvisor.co.uk/

I am completely unconnected to the firm and have never been involved in it, just to be clear!

I am suggesting this route because I think your CC should be 4 figures and I know David has done this before, successfully.

Fruitcake

What happened when you and the company owner complained to the landowner and your respective MPs? That is always Plan A.

Follow the guide to court written by bargepole that you will find in the second post of the sticky Announcement for NEWBIES plus the template defence and the twelve step guide therein.

Amend paragraphs 2 and 3 and post them here for checking.

Your para 2 will state that you were not the driver, nor registered keeper at the material time and the claim is purely vexatious.

Para 3 will explain briefly what happened (vehicles attending an emergency) but reiterate you were not the driver nor keeper. Indeed, if you have 3 PCNs for 3 different vehicles, it is impossible for you to have been the driver of all three.

Le_Kirk

Whose name is on the N1 claim forms and does this correspond with the name of the Registered Keeper?