UKPC Ltd Parking Charge / DCB Legal Ltd Letter

Coupon-mad

What did DCB Legal say about the fact the case was allocated to the wrong court, in their reply?

The the multi judgement exhibit is in the 'judgments' thread by @Le_Kirk in June.  It's a better exhibit as it has many more cases all in one document.

136_NW

LAston1 said:

Hi, I called CNBC this morning and they advised they cannot do anything regarding changing the location of the hearing and said I need to call Coventry Court to arrange for it to be moved to my local court. I then called them and after an hour on hold i was told to put in a “general application” for a change of court which they emailed me the link to the form but that it is going to cost me £303 to have it moved from Coventry to Bristol without the consent of the third party. What should I do now? I am not willing to pay £303 to change this.

You are unlikely to get consent of DCB Legal or, indeed, any reply at all to your email.

They are absolutely hopeless and wouldn't know how to properly draft the Consent Order that would need to accompany your Application.

But the cost of the Application reduces to £119 if you tick the 'without a hearing' box and undertake to serve a copy of the Application on the other side.

Matters such as yours are ones that district judges routinely decide on the papers. The £303 court fee applies if a hearing is necessary.

Hope this helps.

LAston1

@Coupon-mad - do I itemise every judgement as an exhibit or put them all as one exhibit?

LAston1

@Coupon-mad DCB didn’t say anything about it. I read it as they are trying to get consent to deal with me directly via email 

136_NW

LAston1 said:

@Coupon-mad DCB didn’t say anything about it. I read it as they are trying to get consent to deal with me directly via email 

I've dealt with Luke Kirby. He's just a script-driven caseworker. Unless you are dealing with one of their solicitors, regulated by the SRA (there are five of them), if you'll forgive me for saying, you are wasting your time. 

https://www.sra.org.uk/consumers/register/organisation/?sraNumber=638321 

Coupon-mad

That's not a reply it's just an auto-receipt.

I think DCB Legal will consent to the change of court and this will cost you nothing.  You do not need an application if the other side consents.

Email DCB Legal again and point out this is a clear court allocation error and if troubled to attend Coventry Court in person, it is xx miles away and the return train fare is £xx which you will add to your costs if their client is so unreasonable as to fail to join with you in asking the Coventry court to move it to Bristol where it should have been allocated.

LAston1

Hello, right I have made the changes recommended. Changed "defendant" to I/my name. I have also changed the exhibits that I had included initially for the multiple judgements exhibit as recommended. There are a lot of these, do you think it is too much? Will this annoy a judge?

Here is the link to my revised statement. Would really appreciate you taking another look and letting me know if this is ok to submit?

https://1drv.ms/w/c/cf31856fc4b51091/ETOxrCmnSKdEgIGD3QotArQBMzrPeUEV3x_n_ewrtpAFSw?e=xy9UNA

Will also respond to DCB as recommended thank you.

Coupon-mad

No the 'judgments' exhibit will really help your Judge to see the Country-wide pattern of judicial reasoning.  

1505grandad

At the beginning of the WS you go to great lengths stating driver not known.
However in para 31 you state t & c not known or agreed by you as you attempted to gain entry to the store.

Also your name/claim number in the WS should be left blank on the forum.

IN para 2 the exhibit number range is not correct.

brynglas

1505grandad said:

At the beginning of the WS you go to great lengths stating driver not known.
However in para 31 you state t & c not known or agreed by you as you attempted to gain entry to the store.

Also your name/claim number in the WS should be left blank on the forum.

IN para 2 the exhibit number range is not correct.

LAston1 is currently in an area where the signal is awful so as her mum she's asked me to post the following.

Thank you for taking the time to read and advise of the above.  I have amended the exhibit range number and also Para 31 which now reads as follows:- 

31.In the present case, the Claimant has fallen foul of those tests. There is one main issue that render this parking charge to be purely penal (i.e. no legitimate interest saves it) and thus, it is unenforceable:

 

(i). Hidden Terms:

 

The £100 penalty clause is in small print, as seen on the signs in evidence. The purported added (false) 'costs' are even more hidden and are also unspecified as a sum. Their (unlawful, due to the CRA Schedule 2 grey list of unfair terms) suggestion is that they can hide a vague sentence within a wordy sign, in the smallest possible print, then add whatever their trade body lets them, until the DLUHC bans it in 2024. And the driver has no idea about any risk nor even how much they might layer on top. None of this was agreed by me, let alone known to me because as I have previously stated no Notice to Keeper was ever received. Court of Appeal authorities which are on all fours with a case involving a lack of ‘adequate notice’ of a charge, include:

 

 a;  Spurling v Bradshaw [1956] 1 WLR 461 (‘red hand rule’) and

b;  Thornton v Shoe Lane Parking Ltd [1970] EWCA Civ2both leading authorities confirming  that a clause cannot be incorporated after a contract has been concluded; and

c;  Vine v London Borough of Waltham Forest: CA 5 Apr 2000, where Ms Vine won because it was held that she had not seen the terms by which she would later be bound, due to "the absence of any notice on the wall opposite the parking space".

I have also amended the tense in point 9( as below) as on reading it again I didn't think it was quite correct, it would be much easier if I actually knew what it is I am trying to defend.  I really appreciate all the help from everyone on the forum.

 Facts and Sequence of events:

9.. Date and Time of the Incident: I have been advised via a Claim form dated 11th October 2023 that the date in question is the 2nd April 2023 at Gallagher Shopping Park, Aldermoor Way, Bristol, BS30 7DA ,  It is unknown who the driver of the vehicle was, and I confirm that I have never been issued with an initial parking charge notice that details the particulars of the charge in question.  Due to the time delay as registered Keeper of the vehicle I am unable to confirm who was the driver of the vehicle on the day in question as multiple individuals are authorised by me to use the vehicle via their own comprehensive insurance policies, which allows them to use another private vehicle for which they are covered on a third party only basis.  I recognise the site as a car park for a local shopping mall which all of the individuals who are authorised to use my vehicle would also visit.