URGENT - DCB Legal/UK Parking Control claim form

Mrdtt

Gr1pr said:

You appear to have had a month to draft your witness statement based on the above pictures. ( But really you have had longer, ever since the court claim pack was issued months ago. )

Its clearly not been struck out near the end of October by Judge Tucker 

Yes I am aware of that, as mentioned in my earlier message I work away a lot and only had received last week.

yes I am aware it has not been struck out hence the court hearing.

Mrdtt

Coupon-mad said:

Recent winning WS are in these threads:

@imulsion

@Harry77

@Defendant911

@Milliered

Thank you.

would there witness statement help if I posted?

does cause of action estoppel Henderson apply? Just worried that I’m now going to lose the case.

Coupon-mad

Yes it still applies.

Yes you can show us theirs.  No names, PCN numbers, your VRM or data showing

Mrdtt

Coupon-mad said:

Yes it still applies.

Yes you can show us theirs.  No names, PCN numbers, your VRM or data showing

Thank you. Just editing now.

on the witness statement it includes a site plan with the address on, shall I also cover this up?

it also included photos of my car, is just covering the reg ok?

Coupon-mad

No need to cover the car park location 

Mrdtt

Here is there witness statement.

https://acrobat.adobe.com/id/urn:aaid:sc:eu:3b44b9f4-dac9-4181-afca-7fac6dedc00b

Mrdtt

On the letters, all of the UKPC letters were going to my previous address ( old address where vehicle was registered )
The DCBL letter on 14 May 2024 goes to my correct address.

The first claim was paid in April 2024.

Not sure whether this information helps?

Am I understanding correctly that, at the time of the claim A they knew about the PCNs in claim B, so they should have originally made a claim for in full for ALL of the PCN's rather than raising the another claim for the remaining PCNS?

Coupon-mad

Yes that is the cause of action estoppel argument.

You might have to take the Judge to Henderson v Henderson and Arnold v Westminster (think that's it - search the forum for wording).

1505grandad

In your Defence filed you seem to state:-

"9. The letter sent by DCBL legal on the 19th February 2024 states the defendant must

pay £170.00."  -  suggesting additional fee of £70.

Yet in the WS of the claimant para 25 they state:-

"xiii. The PCN was not paid within the prescribed 28 days or indeed at all. In view of this the sum of £60 is also claimed as a contractual cost pursuant to the Contract which states “Unpaid Parking Charges may be passed onto third parties such as debt recovery agents, at which point additional charges may apply in accordance with the Private Parking Code of Practice”. 

Mrdtt

1505grandad said:

In your Defence filed you seem to state:-

"9. The letter sent by DCBL legal on the 19th February 2024 states the defendant must

pay £170.00."  -  suggesting additional fee of £70.

Yet in the WS of the claimant para 25 they state:-

"xiii. The PCN was not paid within the prescribed 28 days or indeed at all. In view of this the sum of £60 is also claimed as a contractual cost pursuant to the Contract which states “Unpaid Parking Charges may be passed onto third parties such as debt recovery agents, at which point additional charges may apply in accordance with the Private Parking Code of Practice”. 

The letter I was referring to in my defense was for the original first claim, that has been settled. which indeed states £170.00. I fear I have not been clear in explaining this in my defense.