UKPC using address that hasn't been on the V5C for months

K_S

Got another letter from the debt-beggars GCTT, this time at the correct address.

IGNORING all the begging letters until the LBC comes through.


 

ChirpyChicken

You dont need to post these up you know 

K_S

I've now received a 'LETTER OF CLAIM' from DCB Legal. Annoyingly, they sent it to the old address again, even though I updated it promptly with both UKPC and ZZPS. 

As I understand it, I now respond with the following to info@dcblegal.co.uk, is that correct? Thanks again for all your help! 

----------------------

<blurb confirming the correct address and asking them to erase any old addresses, also sent to the DPO>

The alleged debt is disputed and any court proceedings will be fully defended. 

The Civil Procedure Rules 1998, Pre-Action Conduct and Protocols (Part 3), state:

3. Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to understand each other’s position, make decisions about how to proceed and support the efficient management of those proceedings.

Part 6 states:

Steps before issuing a claim at court

The parties should exchange correspondence and information to comply with the objectives in paragraph

3, bearing in mind that compliance should be proportionate. The steps will usually include —

(c) the parties disclosing key documents relevant to the issues in dispute.

You refer to “the Contract”, yet you fail to include a copy of the contract (quite clearly a key document), as well as fail to state the contractual nature of the breach you allege. 

Therefore, as your templated letter is not sufficient to adhere to the PACPs, I require the following please:

1. A copy of the contract (or contracts) you allege exists between UK Parking Control Ltd and the driver, in the form of an actual photograph of the sign you contend was at the location on the material date. 

2. The exact wording of the clause (or clauses) of the terms and conditions of the contract(s) which is (are) relied upon that you allege to have been breached.

I look forward to your response.
---------------------------

Car1980

Yep, I like that one as it forces them to scurry back to the parking company and bother them.

Or if they don't, you can add a paragraph to the defence stating they refuse to supply the contract they say they are relying on.

Reiterate that their address for service is wrong and the correct one is xyz.

Coupon-mad

That's not the recommended LBC reply in the NEWBIES thread.

Car1980

No, but I've used it and I'm still waiting for the court claim 12 months later. It's a Legal Beagles suggestion.

ChirpyChicken

Car1980 said:

No, but I've used it and I'm still waiting for the court claim 12 months later. It's a Legal Beagles suggestion.

A forum i really do not like

Car1980

I rarely go on it, but fancied experimenting with a DCB Legal case that will end in discontinuance no matter what. Fun to make them run around doing my bidding.

K_S

Coupon-mad said:

That's not the recommended LBC reply in the NEWBIES thread.

Thanks @Coupon-mad , I think I mixed up a couple of things there.

This is an excerpt from the recommended response on the Newbies thread "You should revert to your client because the 'propensity to pay' score in my case is zero, so any claim is hopeless and a waste of the court fee (whether 'fronted' by your firm or not). Move on to weaker victims."

I have a genuine question that I hope you don't mind me asking. If this does get to a judge, wouldn't they be annoyed by the tone of voice in those couple of sentences?

Coupon-mad

Nope. I've sat before judges. Never lost!