DCB Legal Court Hearing 28th August

InconspicuousSheep21

Hi, just wanted a bit of advice really! I’m due to be going to court on the 28th for several PCNs I received whilst an employee parking my car in a car park where I was given explicit verbal permission by my employer that I would be able to park there. I was told I’d be issued PCNs, to hand them in and management would deal with them. Did as instructed yet here I am, facing legal action.

I managed to get the CCJ cancelled due to not having received it as the Letter of Claim was sent to an address I no longer resided at and the Judgment was made in default.

Whilst attending court for the hearing to cancel the CCJ I was advised to file a defence (which I’ve now come to the realisation my defence has little substance to defend the claim of the PCNs) and it was mostly tailored for the CCJ being cancelled. Big rookie mistake, I then also filed a witness statement more or less in the same context of the defence. 

To cut to the chase, bearing in mind the hearing is on the 28th and the 14th is the last day for any serving/filing of documents. Would a legal team be able to represent me and salvage where I’ve gone wrong? I’ve reached out to a firm who said they’d get back to me either today or tomorrow. I’ve not heard back today so I’m hoping to hear back tomorrow. The thought of just accepting my fate is making me really anxious so I just thought advice from knowledgable people on this forum might help me understand where I stand a tad bit clearer. 

Thank you in advance

Gr1pr

Check your dates above, especially the title 

InconspicuousSheep21

Apologies, the hearing is definitely on the 28th of August. I've tried to edit the above but cannot figure out how.

Gr1pr

You cannot edit posts etc until your status changes from Newbie to Forumite 

I spotted the mistake right away, it passed 2 weeks ago or more, lol

So submission deadline in 2 days and a hearing in 2 weeks or so

You are correct in asking on here, but a shame that you left it so late 

Which parking company is it. ?

InconspicuousSheep21

Ah, I see. Hopefully it doesn't cause too much confusion.

Yes submissions by 1630 on the 14th and hearing on the 28th. I've already submitted a "defence" which wasn't a proper defence - to which the claimant said in their witness statement the following:

1. It is my respectful submission that the Defence is entirely without merit and as such it is requested that the Defence is struck out and Judgment awarded in favour of my Company, payable forthwith 

and a witness statement which again will struggle to defend the claim.

InconspicuousSheep21

Yep, it's an honest shame! I only became aware of this forum and FTLA over the weekend. Really beating myself up about not having found these sources of useful information much sooner. 

The company is UKPC.

Coupon-mad

InconspicuousSheep21 said:

Yes submissions by 1630 on the 14th and hearing on the 28th. I've already submitted a "defence" which wasn't a proper defence - to which the claimant said in their witness statement the following:

1. It is my respectful submission that the Defence is entirely without merit and as such it is requested that the Defence is struck out and Judgment awarded in favour of my Company, payable forthwith 

But that's a standard paragraph in their template WS. They say that every time. Search the forum for 2 unusual words from it plus DCB.

That WS isn't a bespoke one for your case!  This is all normal and you can respond to that dross. Search the forum for that WS now and see how people won.

Would a legal team be able to represent me and salvage where I’ve gone wrong? I’ve reached out to a firm who said they’d get back to me either today or tomorrow.

Nonononono and more NO. Stop!  Do not pay a solicitor. You don't need it. Seriously. You can do this, just like everyone does here and none have experience or legal knowledge.

There probably won't even be a hearing if you get your WS in by email tomorrow and if it is a decent bundle. Do your WS tonight/tomorrow.

Easy stuff.  Fully covered in other threads. Copy a recent one and also comment on their lack of evidence/incorrect statements. A simple stage.

Somebody is working on a WS and evidence bundle here tonight.

Go and read that one (no link, I don't know the username but it's near yours on the list of today's posts on p1 of this board).

Show us exactly what your defence said and show us the 'Particulars of Claim'.

Gr1pr

Possibly this thread. ?

https://forums.moneysavingexpert.com/discussion/6479474/civil-enforcement-ltd-claim-form-from-back-in-summer-of-2023#latest

InconspicuousSheep21

Show us exactly what your defence said and show us the 'Particulars of Claim'.

The PoC was as follows:

Claim No: XXXXXXXX

 

Claimant: UK PARKING CONTROL LIMITED

 

Claimant solicitor: DCB LEGAL LTD (7451)

Telephone: 0203 434 0433

Reference: 101473.150333D

 

Judgment amount: 1455.60

 

Particulars of claim: 1. THE DEFENDANT(D) IS INDEBTED TO THE       CLAIMANT(C)  FOR A PARKING CHARGE(S) ISSUED  TO VEHICLE XXXXXXX AT XXXX XXXX RETAIL PARK  XXXXXXX,XXXXXXX,XXX XXX. 2. THE PCN(S) WERE  ISSUED ON 23/06/2022,25/06/2022,27/06/2022   24/06/2022,30/06/2022,02/07/2022,03/07/2022. 3.THE PCN(S) WAS ISSUED ON PRIVATE LAND OWNEDOR MANAGED BY C. THE VEHICLE WAS PARKED IN   BREACH OF THE TERMS ON CS SIGNS (THE         CONTRACT), THUS INCURRING THE PCN(S).4. THE  DRIVER AGREED TO PAY WITHIN 28 DAYS BUT DID  NOT. D IS LIABLE AS THE DRIVER OR KEEPER.    DESPITE REQUESTS, THE PCN(S) IS OUTSTANDING. THE CONTRACT ENTITLES C TO DAMAGES.          AND THE CLAIMANT CLAIMS                      1. £1190 BEING THE TOTAL OF THE PCN(S) AND   DAMAGES. 2. INTEREST AT A RATE OF 8% PER     ANNUM PURSUANT TO S.69 OF THE COUNTY COURTS  ACT 1984 FROM THE DATE HEREOF AT A DAILY RATEOF £0.15 UNTIL JUDGMENT OR SOONER PAYMENT. 3.COSTS AND COURT FEES 

My Defence was as follows:

I, XXXXX XXXX XXXX, the Defendant in this case, represent myself as a litigant in person. I have prepared this

defence statement without legal representation and respectfully request the Court’s understanding in considering

my submission.

This defence statement is submitted in response to the Claimant’s Draft Order dated 24th May 2024.

The Defendant agrees with the Claimant’s Draft Order and their letter. On the dates in question, the Defendant was

employed and working on the Land where the parking contraventions took place. The Defendant had been

authorised to park in the area as part of his employment to carry out his duties. The Defendant did not receive the

Claim due to not residing at the address to which the Claim was sent.

Response to Points Raised in the Draft Order

Paragraph 1 of the Draft Order is admitted. The Judgment entered on 30/05/2023 to be set aside.

Paragraph 2 of the Draft Order is admitted. The registration of the Judgement to be cancelled.

Paragraph 3 of the Draft Order is noted. The Defendant is ordered to file a Defence within 14 days of the order.

The Defendant requests that the claim be struck out instead of being allocated to the Small Claims Track.

Paragraph 4 of the Draft Order is noted. The Claimant may request Judgement in default should the

Defendant fail to file a Defence.

Paragraph 5 of the Draft Order is noted. There is no Order as to costs.

Response to Particulars of the Claim

1. In this defence, references to paragraphs are, unless otherwise indicated, references to paragraphs of the

Particulars of Claim.

2. Paragraph 1 is denied, Defendant was authorised to park in the area regulated by the Claimant as part of his

employment duties. The Defendant was made aware by the employer that PCNs would be issued, however,

to notify the employer of the PCNs and they would be dealt with appropriately. The Defendant made his

employer aware of the PCNs. Further correspondence was not received after the Defendant made his

employer aware and moved addresses.3. Paragraph 2 is admitted, PCNs were issued on the dates outlined (23/06/2022, 24/06/2022, 25/06/2022,

27/06/2022, 30/06/2022, 02/07/2022, 03/07/2022). However, the PCNs were wrongfully issued as

Defendant was an employee on the Land.

4. Paragraph 3 is denied, Defendant was not in breach of the terms on the Claimants signs, which resulted in

PCNs due to being an employee on the Land. The Defendant acted in good faith under the belief that

Defendant was complying with all parking regulations applicable to employees at the time and made the

employer aware of the parking contraventions.

5. Paragraph 4 is denied; Defendant did not agree to pay within 28 days of issue; he made his employer aware

of the parking contraventions to allow them to be dealt with appropriately. The Defendant wrongfully

received the PCNs despite making his employer aware and attempting to get the PCNs dealt with

appropriately. The Defendant did not reside at the property where the Claim Form was served (XX XXXXXXX

XXXXX, XXXXXXX, XXX XXX and did not receive the Claim Form, therefore, was unable to respond. The

Claimant did not properly notify the Defendant of the Claim then.

Legal Arguments

6. CPR 6.9 requires that the Claimant take all reasonable steps to ascertain the Defendant’s current address.

Despite the Claimant’s efforts, the address used for correspondence was incorrect, resultantly, the Claim

Form was not received by the Defendant.

7. The Defendant can provide evidence in the form of employment information to support the claim of the

Defendant being an employee on the Land and can defend the Claim.

8. The Defendant agrees there is good reason for the Judgement to be set aside according to CPR 13.3.

Evidence

The Defendant is in the process of gathering evidence to support the defence, including:

9. A copy of the Assured Shorthold Tenancy agreement outlining dates of residence at the property to which

the Claim was sent.

10. Employment records which confirm the Defendant was an employee working on the Land.

11. Employment records which confirm the dates on which the contraventions occurred were resultant of the

Defendant carrying out work-related duties.

12. Correspondence received by the Defendant’s local Member of Parliament from the case manager on behalf

of the Claimant outlining all attempts made to contact the Defendant were futile, thus not allowing the

Defendant to dispute the claim.

13. A V5C issued to Defendant showing efforts were made to update his address.

Conclusion

For the reasons outlined above, the Defendant respectfully requests that the Court:

14. Strike out the claim against the Defendant;

15. Sets the Judgment entered on 30th May 2023 aside;

16. Grant any further relief the Court deems just and proper.

Statement of Truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court

may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a

statement of truth without an honest belief in its truth.  

Coupon-mad

Judgment amount: 1455.60

"Sets the Judgment entered on 30th May 2023 aside;"

'Judgment amount'? You got a CCJ?

What Draft Order?

Is this hearing to set aside the CCJ or is that already achieved?

Coupon-mad

Ah I now see we are post CCJ set aside:

Whilst attending court for the hearing to cancel the CCJ I was advised to file a defence (which I’ve now come to the realisation my defence has little substance to defend the claim of the PCNs) and it was mostly tailored for the CCJ being cancelled. Big rookie mistake, I then also filed a witness statement more or less in the same context of the defence. 

Show us the WS and evidence you submitted already.