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    • Particulars of Counterclaim   1.      The original Claimant agreed to undertake building work (Project 1) at the original Defendant/now Part 20 Counterclaimant’s property in relation to 3 specific areas of work for an agreed price of £4300.  The work was:   a. To underpin the bay window at the property, b. To replace and repair a previously-removed chimney breast and, c. To install a new beam to the patio door.   2.      It was agreed that Project 1 was to be carried out under the instructions of a structural engineer engaged by the Defendant/Part 20 Counterclaimant and that the Claimant’s work would be as a result of instructions received following the structural engineer's assessment of the property.   3.      Between June and July in 2020 the Defendant/Part 20 Counterclaimant provided the Claimant with a full copy of the structural engineer's report which detailed instructions to the Claimant for the works to be carried out.   4.      It was agreed between the parties that the works would commence on 13 August 2020.   5.      It was agreed between the parties that payments for Project 1 would be made in three instalments. The first payment would be made at the start of the Claimant's work. The second payment would be paid at the halfway point of the Claimant's work. The final payment would be made on completion of the total works.   6.      The Claimant commenced work on 13 August 2020 and the first instalment due was paid.     7.      On 24 August 2020 the Claimant asked the Defendant/Part 20 Counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The Claimant also stated that Project 1 was approaching mid-way and the Defendant/Part 20 Counterclaimant paid the second instalment due.   8.      The Building Inspector arrived to inspect the Claimant’s work but the Claimant was absent.  The inspector was obviously very displeased by the standard of the Claimant's work.  The inspector spoke to the Claimant by telephone, asking him why he was absent and interrogating him about the work he had done.  The inspector then gave him some instructions over the telephone and also left a list of instructions with the Defendant/Part 20 Counterclaimant to be passed on to the builder.  The building inspector then said he would be getting in touch with the Defendant/Part 20 Counterclaimant’s structural engineer with his findings and the Defendant/Part 20 Counterclaimant should hear from the engineer soon.   9.      The Defendant/Part 20 Counterclaimant passed on the Building Inspector’s instructions to the Claimant who agreed to follow them.   10.  The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The Claimant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the Defendant/Part 20 Counterclaimant to do the necessary work and this company was engaged by the Defendant/Part 20 Counterclaimant to complete the necessary piling at an additional cost to the Defendant/Part 20 Counterclaimant of £3000. (See receipt at Exhbibit-1).   11.  The Claimant asked if the Defendant/Part 20 Counterclaimant needed any more work to be done and, despite the problems encountered on Project 1, the Defendant/Part 20 Counterclaimant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580 and on similar payment terms to Project 1.   12.  As work commenced on Project 2 and was continued on the remaining work for Project 1, the Defendant/Part 20 Counterclaimant had occasion to make several complaints to the Claimant regarding the standard of his work.   13.   Barely a week after starting on Project 2, the Claimant demanded payment for that work.  After a period of negotiation the Defendant/Part 20 Counterclaimant paid the Claimant £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.   14.  It later came to the Defendant/Part 20 Counterclaimant’s attention that the Claimant had removed material (including a steel beam) from the Defendant/Part 20 Counterclaimant’s property that the Defendant/Part 20 Counterclaimant suspects either belonged to him or had been paid for by him in connection with Project 1.  When the Claimant challenged admitted he had done this.  The Defendant/Part 20 Counterclaimant has included the value of this material in his counterclaim detailed below.   15.    On 21 September 2020 the Defendant/Part 20 Counterclaimant highlighted and sent a snagging list to the Claimant (Exhbibit-2).  Over a month later the Claimant sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant (Exhibit -3).  All of this snagging work remains undone by the Claimant.   16.  Apart from the outstanding snagging work referred to in para 16 above, the Claimant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed at ( Exhibit 4.)   17.  During the course of carrying out work on Projects 1 and 2 the Claimant also negligently caused substantial damage to the Defendant/Part 20 Counterclaimant’s property (as itemised in  Exhibit-5) by not executing the work with the skill expected of a reasonable tradesman.   18.  The Defendant/Part 20 Counterclaimant seeks an order from the court directing the Claimant to pay to the Defendant/Part 20 Counterclaimant the sum of £16,577.12 in respect of:   (a)   the cost of the piling referred to in para 10 above which the Claimant could not undertake and another contractor had to be paid to complete is  £3,000 – Exhibit 1 (b)   the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in para 16 above, £16,577.12 – Exhibit 5 (c)   the cost of remedial work to put right the damage negligently caused by the Claimant and referred to in para 17 above;  £8577,12 – Exhibit 6 (d)  the cost of the steel beam referred to in para 14 above put down as estimated.  TBA 4 and 5   19. In addition to the amount in paragraph 18 above, the defendant/Part 20 counterclaimant also claims 8% interest under the County Courts Act 1984 from the 26 October 2020 which was the last day of his employee left the property"        STATEMENT OF TRUTH   I believe that the facts stated in this particulars of counterclaim 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.’.         Signed:                                          (  
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Highview/DCB(L) 2017 PCN PAPLOC Now claimform - 1-3 Upper Green East. ***Claim Discontinued***


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Hello,


I recently received a Letter of Claim from DCB Legal, advising that they were acting on behalf of a client and demanding immediate settlement of an alleged 
PCN dating back to March 2017. Not surprisingly, I have absolutely no recollection any such PCN, let alone any parking contravention.

 

I must admit, I was rather incensed by it all and considered ignoring the letter entirely, especially as the car park in question is outside the premises of a gym 
of which I'm a member and regular user, and a couple of supermarkets I visit on an almost daily basis to this day in London.

 

After careful consideration however, I decided to seek a second opinion on here, particularly from people who've had similar dealings with DCB Legal.

 

By the way, considering this alleged parking offence dates nearly 4 years ago, does it not exceed the permitted time limit for the pursuit of its settlement?
 

 

 

 

DCB Legal Letter of Claim.pdf

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You must reply with an ericsbrother snotty letter

Plenty here already use our search top right

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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1 hour ago, hitman126 said:

By the way, considering this alleged parking offence dates nearly 4 years ago, does it not exceed the permitted time limit for the pursuit of its settlement?

 

No, it's six years from the cause of action to make a money claim in county court. The cause of action arose when the 28 days which you had to pay it ran out so it's not statute barred until around April 2023.

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As dx says, you need to reply to a Letter of Claim and show the fleecers you would be big trouble if they took you to court.

 

Have you any idea at all what they reckon you did wrong?  It might be worth sending CP Plus a SAR.

 

Plus have you moved during these three/four years?  Could paperwork have gone to an old address?

We could do with some help from you.

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I am not sure that a snotty letter is the correct response in this case. 

Hitman  has no recollection of the PCN so should say so to DCBL and state that y ou have sent a sar  to CPplus  and asking for time to resolve the matter without going to Court. Get DCBL to confirm that they will hold back on the Court until you know what this claim is all about.

That way you get all the correspondence from CPplus  which may jog  the memory.

Then you can send the snotty  letter.

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DCB(legal) can't just 'goto court'

the claim is raised by them upon instructions from their client 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for all the feedback peeps. They're well appreciated and I'm still trying to figure out which advice would be best 

to follow.

 

@FTMDave, no I haven't moved to a new address during the last 3-4 years. As it happens, I've actually resided at

my current address for well over a decade and so there's no chance of any paperwork being sent to another address.

 

I would definitely though have no recollection of this alleged contravention over 3 years ago, even if I tried. When you

have family, work and far more purposeful things in life to deal with, you don't waste your time and recollections on 

these vampires and their PCNs......especially when they date back years.

 

Edited by hitman126
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Well you need to reply to the LBA.

 

It's a fishing exercise from the PPC.  They firstly hope that dreadful word COURT will make you wet yourself & cough up.  Then they're on the look out for people who don't reply and could have moved or in any case might not reply to a court summons and so lose by default.  Or who drop themselves in it "I did park badly but please let me off the fine because I've got family problems".

 

You on the other hand need to show you're troublesome and would cost them ££££ in court.

 

I like lookinforinfo's idea.  SAR them (it's free and they will have to do some work) and then when you know what this is about, snotty letter them.

 

 

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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  • 2 months later...

So, acting on advice gathered via some third parties, I responded to DCB's letter by challenging them on a number of key points which not surprisingly, prompted a swift reply from them. In order not to risk compromising my defence, I've opted not to place extracts of the aforementioned key points from my letter into this public domain, but would be happy to share them privately with the right person(s) on this forum willing to offer genuine and sincere assistance with no ulterior motive.

 

DCB Legal have since proceeded to submit a money claim against me in a County Court and I've in the last few days received the Claim Form from the court, with an Issue Date of 31 Dec 2020. My intention now is to submit an Acknowledgement of Service within the next couple of days, but I'm keen to look beyond that by desperately beginning to prepare a cast-iron defence to submit to the court.

 

I'll therefore be extremely grateful for any advice or assistance in putting together a sound defence statement to help me see off this irritation at such a challenging time in our respective lives.

 

PS: I'm not sure how much this is going to go against me and whether it is too late to do so, but I did not submit a SAR request to CP Plus Limited and rather chose to deal solely with DCB Legal. 

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who said you need to sar?

cpr does that..

 

So why did you choose to not follow our advice regarding the snotty letter content?

 

you've obv gone elsewhere, made a pigs ear of it and now comeback To us because you have realised you screwed up, played all your cards early and want us to help you by playing secret squirrel??

 

We dont do that here.

 

Please fill out our ppc court claim sticky

And post up all letters in/out to one multiple page pdf file

Read our upload guide carefully.

 

as for your defence. It will be the std 3 -5 line one in most pcn claimform threads here already...

 

dont all play your cards early from now on

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Your defence cannot be "cast iron".  Firstly & most importantly, that's not how the legal system works.  As dx says, the defence is just a short statement opposing the claim, the "cast iron" part comes later down the line with your Witness Statement.  Secondly, as we have no info about what happened in 2017 it's obviously impossible to be super detailed straight away.

 

The point of a snotty letter was to show the PPC you'd be big trouble in court.  Generally, although not always, at that point they give up and go for someone easier to mug.

 

The point of a SAR was to find out what happened in 2017, and we still don't know.

 

Please give us the info dx asked for.

 

 

Edited by FTMDave
Usual typo!

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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what you should have done is this:

 


pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
.

 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
.
https://www.consumeractiongroup.co.uk/topic/409718-cpr-3114-request-to-use-on-receipt-of-a-ppc-private-land-parking-court-claim/
.
no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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@dx100ukthank you ever so much. I'm extremely grateful for your kindness and assistance.

 

Good news is that I have managed to access the claim on MCOL and plan to submit the AOS by this weekend, as I believe I still have until 19th Jan to do so (The Claim issue date was 31st Dec 2020).

 

In the meantime, I have also downloaded a copy of the CPR 31.14 you included in your last post, edited it where required and pasted its contents below for any review comments.

 

You'll note that I have also sought clarification on the Claim Form receipt date and for that I'll greatly appreciate any feedback.

 

Finally, I've also pasted the Particulars of Claim below (albeit with some minor editing), as I believe this should help validate the CPR 31.14 requested documents.

Thank you. 

 

(removed - dx)

 

 

[[THE PARTICULARS OF CLAIM]]

 

1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle [CAR REG] at [ADDRESS].
2. The PCN details are 04/03/2017.2xxxxx7xxxxxx
3. The PCN(s) was issued on private land owned or 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. £165 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 rate of £0.04 until judgment or sooner payment.
3. Costs and court fees.

 

By the way, I'm gathering from some of your advice that sending a CPR 31.14 request by email is a complete no-no..........would that be right?

 

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please carefully read the text in red at the top of our templates...i have removed it as it was posted directly to a thread in the open.

 

you don't need to adapt it other than what is indicated..

 

and no you don't ever give the claimant or their dogs an email address as they use the to file documents 1 min before a dead line negating your right to counter it.

 

you have been here since 2008and should be far more savvy than you appear to be at present.

get AOS done and CPR 

you do not wait and do not ever miss your defence filing date

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

@dx100ukthanks for the prompt response.

As requested, kindly find below the details of claim as given on the Court Form N1.

 

 

Name of the Claimant: 
Highview Parking Limited
10 Flask Walk
London
NW3 1HE

 

Claimants Solicitors:
DCB Legal Ltd
Direct House
Greenwood Drive
Runcorn
WA7 1UG

 

Date of issue: Thu, 31 Dec 2020

 
Date for AOS: Sun, 17 Jan 2021


Date to submit Defence: Mon, 1 Feb 2021

 
What is the claim for?

1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle [CAR REG] at 1-3 Upper Green East.
2. The PCN details are 04/03/2017,2xxxxx7xxxxxx
3. The PCN(s) was issued on private land owned or 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. £165 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 rate of £0.04 until judgment or sooner payment.
3. Costs and court fees.


What is the value of the claim? 

Amount Claimed: £215.57

Court fee: £25.00 

legal rep fees : £50.00

Total Amount: £290.57

 

 

Do I still need to send out a SAR to Highview Parking even though I've already got a CPR 31.14 off to DCB Legal?

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In theory no, but CPR is just a request, DCB Legal could just refuse to reply and may well do so.

 

Personally I'd send Highview a SAR as well.  It can't harm you.  The worst that can happen is that it costs you a 2nd class stamp and you'll end up with two copies of the same paperwork.  Get a free Certificate of Posting from the post office.

 

Plus it'll annoy Highview and force them to do some work 😉

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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10 hours ago, hitman126 said:

1-3 Upper Green East.

this cant be all the address on the poc ??

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Highview/DCB(L) +3yrs PCN PAPLOC Now claimform - 1-3 Upper Green East.
On 10/01/2021 at 13:08, hitman126 said:

In order not to risk compromising my defence, I've opted not to place extracts of the aforementioned key points from my letter into this public domain

how can you compromise your defence when you have already sent it to DCB(L):crazy:

we will need to see it as we will need to know how many times you've shot yourself in the foot and protect against it if its included in their WS exhibits.

 

1 hour ago, hitman126 said:

I can personally confirm the town and county details, but I can assure you this is all the address given on the N1 POC

Can even take a screenshot and paste it on here if it helps.

 

well depending upon the results to my above, it could be useful as another reason toward a vague POC as there are about 8 listed on google earth.

 

dx

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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@dx100uk, I'm afraid you've got this wrong. My fear of compromising my defence wasn't with regards my response to DCB Legal's initial letter per se. It was more in reference to any subsequent advice posted on this thread by other forum members and I was only being wary due to the numerous instances when some have cautioned about parking companies and their legal reps trawling these pages to stay a step ahead.

 

As I did also state however, I'm happy to provide full details of that initial reply to DCB Legal and have therefore reproduced it below. Thanks.

 

Quote

 

Dear Sir/Madam,

 

In relation to the above claim, please be advised of the following:

 

I am seeking debt advice, so this case will need to be put on hold whilst I do this (30 days).

I was not the driver at the time of this parking event.

The notice to keeper issued by your client did NOT conform to POFA and as a result your client is unable to hold me liable.

Your client does NOT rely on POFA and so doesn't rely on keeper liability under POFA.

As I was not the driver, I will demonstrate to the court why the notice to keeper is deficient and thus I am not liable and cannot be held liable under POFA.

Any attempt of you to use Elliott vs Locke which is a Gladstones trick will be dismantled in full.

Therefore, please refer this back to your client.

 

As I am not the party who is liable for this then, I will pursue your client for unreasonable costs.

I will also have your attempt at double recovery shown up for what it is.

 

Yours faithfully,

 

 

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  • dx100uk changed the title to Highview/DCB(L) 2017 PCN PAPLOC Now claimform - 1-3 Upper Green East. **Won claim discontinued**
  • Andyorch changed the title to Highview/DCB(L) 2017 PCN PAPLOC Now claimform - 1-3 Upper Green East. ***Claim Discontinued***
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