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UKPC Ltd Parking Charge / DCB Legal Ltd Letter

Hi, I am a newbie here and really hoping that someone can help me. Last week I received two threatening letters regarding a PNC that I have never heard anything of. I have received the attached letter which I am guessing is a legit "Letter before Claim" which is referred to on your Newbies thread which is dated the 11th of October and I also received a "Debt Recovery Plus" letter demanding payment for £170 which is dated JULY 2023. Both in relation to a parking charge from April of this year. A parking charge which I have never received any prior notice or correspondence in relation too. I have a couple of issue with this and I am unsure how to handle or respond to these letters. Firstly, I don't actually recall the parking charge neither can I confidently confirm who was driving at the time as I am not the only one with access to the vehicle. The letters do not actually confirm any detail of the reason why I was issued a PNC in the first place only the location and registration number of my vehicle. Secondly, the PNC is addressed to I am assuming myself however, there is a typo in my name? Is this still legally binding? Can it be ignored/thrown out on the basis that the person they are addressing does not actually exist? Finally as previously mentioned, I have never actually received anything prior to these what I can only refer too as final demand letters in relation to a PNC therefore I feel it is extremely unfair to request additional expenses/charges from me when I was never actually given the chance to dispute the original notice or threaten me with a CCJ/Court proceedings. Any guidance on how I handle or respond to this in order to get it throw out would be greatly appreciated as I really don't know where to go from here. I have tried contacting the Landowners and UKPC Ltd but have been unsuccessful in getting through to anyone that can assist. I am reluctant to contact these sharks as I don't want them to have my details or take my contacting them as an admission of liability. Please can someone help and tell me what I should do next? I am conscious of time as this charge is apparently from April and these letters seem fairly final. I don't want a CCJ or court proceedings to go ahead, please can you help?
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Comments

  • UncleThomasCobley
    UncleThomasCobley Posts: 654
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    edited 23 October 2023 at 8:51AM
    Welcome and please stop panicking. You most likely never received the original correspondence because the address on your V5C logbook was never update when you last moved. The useless debt collectors probably did a simple trace and found your current address.

    Regarding the spelling mistake in your name, that is not going to get you off any hook. What you do need to do is contact the DPO at UKPC and instruct them to rectify your details by erasing your old address and updating your details with your current address. You don't want the vermin having two possible addresses, even if they have served your claim to your current address.

    You must now read the second post of the Newbies/FAQ thread which details what you must do. Have your filed your AoS? With an "issue date" of 11th of October, you must file your AoS by 4pm on Monday 30th of October. You will have until 4pm on Monday 13th of November to file your defence. Do not file your defence using the MCOL website. It must be filed as a PDF attachment by email to the CNBC and the solicitor as explained in the Newbies/FAQ thread.

    If you follow the advice, this will either be thrown out at allocation stage or discontinued before it ever gets to a hearing.
  • Coupon-mad
    Coupon-mad Posts: 129,194
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    edited 6 November 2023 at 10:22AM
    You have NOT got a Letter of Claim.

    Please re-read the NEWBIES FAQS thread because you have a Claim Form.

    You must defend and you will win.

    We have a template defence but you must not read the LBC/LoC part of the NEWBIES thread, as that stage has been and gone.

    And you need to rectify the address if that claim form went to your old address (the fact the PCN went astray is almost certainly due to you not updating the address on your car logbook; sort that out NOW online with the DVLA, if it's still out of date).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi, Thank you for responding. I have drafted the following using the standard template but unsure if this is correct or if I should have followed the one posted by Johny86?

    I can't see how to attached the file direct so have copied the link to the document below which you will have to copy and paste into google.

    1drv.ms/w/s!AjOvLsJUa9i0g2rvI1M_ap9IaJcQ?e=Eivt8Y

    Thanks in advance.
  • Coupon-mad
    Coupon-mad Posts: 129,194
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    edited 6 November 2023 at 10:25AM
    When exactly did you do the AOS online? 
    You have taken a fortnight to reply to me and your claim form is almost a month old.  I really hope you did acknowledge it already to buy yourself this time.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_Kirk
    Le_Kirk Posts: 21,920
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    That is a claim from DCB Legal and looks like it has sparse particulars and you should be looking again at the NEWBIE sticky and template defence thread but more particularly at the defence used by @hharry100
  • 1505grandad
    1505grandad Posts: 2,844
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     "I have drafted the following using the standard template....."

    Check again because the Template Defence sticky does not contain "manager" in para 1  -  should be "agent" 
  • Hi Coupon Mad, I'm the mother of LASTON1 sorry if she's been a bit distant.  she's had a baby in the middle of all this.  I can confirm that the next day she did do the AOS online as recommended by yourselves and she has kept the screenshot confirming she's done it.  I'm trying to keep an eye on this as well as she's a little tied up at the moment.  May have read too many threads now and getting a bit confused should she follow the template or use @harry100 now as suggested by Le-Kirk or even Johny86 ?  She's very aware time is running out and really appreciates the guidance being given.  looking to get this sorted by Friday so its not left till last day.  Thanks again to everyone for their assistance. 
  • Here is a link to how the template defence (first paras) should be formatted:

    https://forums.moneysavingexpert.com/discussion/comment/80387013/#Comment_80387013
  • Coupon-mad
    Coupon-mad Posts: 129,194
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    edited 7 November 2023 at 2:46PM
    It's already in the Template Defence.
    I changed the hharry link to match that yesterday (thankyou UTC, hopefully it's easier for people now).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi, thank you again for the help and advice so far. Sorry for the delayed response, as my mum mentioned I ended up having my baby early so have been unable to get an further on this since doing the AOS until this week.

    I have now done the following as advised, is this correct?

    IN THE COUNTY COURT

    Claim No.:  xxxxxx

    Between

    UK PARKING CONTROL LTD

    - and -  

     (Defendant)

    _________________

    DEFENCE

     

    1.The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was in breach of any term.  Further, it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the boilerplate text in the Particulars of Claim ('the POC').

    Preliminary matter: The claim should be struck out

    2. The Defendant draws to the attention of the allocating Judge that there is now a persuasive Appeal judgment to support striking out the claim (in these exact circumstances of typically poorly pleaded private parking claims, and the extant PoC seen here are far worse than the one seen on Appeal).  The Defendant believes that dismissing this meritless claim is the correct course, with the Overriding Objective in mind.  Bulk litigators (legal firms) should know better than to make little or no attempt to comply with the Practice Direction.  By continuing to plead cases with generic auto-fill unspecific wording, private parking firms should not be surprised when courts strike out their claims based in the following persuasive authority.

    3. A recent persuasive appeal judgment in Civil Enforcement Limited v Chan (Ref. E7GM9W44) would indicate the POC fails to comply with Civil Procedure Rule 16.4 and Practice Direction Part 16. On the 15th August 2023, in the cited case, HHJ Murch held that 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and in view of the Chan judgment, the Court should strike out the claim, using its powers pursuant to CPR 3.4

     

     

     

     

     

    4 Images of Chan case

    A document with text and a letterDescription automatically generated with medium confidence

     

    A document with text on itDescription automatically generated

     

     

     

     

     

    The facts known to the Defendant:

    5. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper, however cannot confirm who the driver was on the date.

    6. The Defendant acknowledges regularly shopping at Gallaghers Shopping Park, Aldermoor Way, Bristol, Avon BS30 7DA. However, The Defendant did not receive any notification of a parking charge being issued prior to the two letters that were received the week commencing the 9th of October 2023. First letter being a Claim Form letter dated the 11th of October 2023 and the second letter being a Debt Recovery Letter dated the 3rd of July 2023. No initial notice of charge was issued or received, therefore the defendant does not know the circumstances of the parking charge. The defendant cannot recall who was driving the vehicle on the 02/04/2023 as detailed in the claim form.

     

    7. The claim has been issued via Money Claims Online and, as a result, is subject to a character limit for the Particulars of Claim section of the Claim Form.  The fact that generic wording appears to have been applied has obstructed any semblance of clarity.  The Defendant trusts that the court will agree that a claim pleaded in such generic terms lacks the required details and would have required proper particularisation in a detailed document within 14 days, per 16PD.3.  No such document has been served.

     

    I will then carry on with the standard template from point 4 changing the numbering.

    Can you confirm this is correct and i will get this sent off this week.

    Thanks.
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