UKPCL ANPR PCN claimform - overstay - MCDONALDS· WAKEFIELD 2 569, DEWSBURY ROAD WAKEFIELD WF2 9BY ***Claim Discontinued***

[RyanB96]

Hi, 

Latest letter is from Bailiffs

I will clean up tomorrow and merge into other PDF file. 

Should I be concerned by this letter? 

Something that has concerned me, is that this letter was not sent to my address, but somehow, my previous (parents) address. How have they gotten my parents address? 

Thanks, 

Ryan 

 

27-10-22 DCBLDCA notice of debt recovery.pdf

[dx100uk]

read it Properly

 

its NOT FROM A BAILIFF

 

ignore

 

dx

 

[RyanB96]

Thanks Dx, but how did they get my parents address? 

 

My parents address has no connection to my car. 

[dx100uk]

probably the address still registered for you on your credit file? or your cars V5C?

simply acting as a DCA 

a DCA is not a bailiff

and have Zero Powers on any debt - no matter what its tpye

 

dx

 

[BankFodder]

Open

[RyanB96]

Please advise what I should do here? 

 

Thanks

 

Claimform.pdf

[dx100uk]

please complete this:

 

 

have you received a letter of claim in the last few weeks with a  reply pack and ignored it too?

 

dx

 

[RyanB96]

Which Court have you received the claim from ? CCBC

Name of the Claimant : UK Parking Control Limited

Claimants Solicitors: DCB Legal 

Date of issue – 20 Mar 2023

Date for AOS -  7th April 2023 

Date to submit Defence -  21st April 2023 

What is the claim for – 

1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to Vehicle XXXX XXX at McDonalds Wakefield 2 569, Dewsbury Road, Wakefield, WF2 9BY

2. The PCN details are 17/04/2022, 

3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of 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. £170 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 £0,02 until judgement or sooner payment. (£12.24) 

3. Costs and court fees (£35 Court Fee + £50 Legal Representatives Cost) 

Total = £170 + £12.24 + £35 + £50 = £267.24

What is the value of the claim? £267.24

Amount Claimed = £182.24

court fees = £35

legal rep fees = £50

Total Amount = £267.24

PAPLOC - Not that I am aware.

They have started sending letters to my parents address instead of mine, this claim form 8-page pack is the first contact I have seen in months.

I will check with parents to make sure there wasn't another letter prior

- but I'm sure if there was, they would have given it to me at the same time. 

[dx100uk]

3 hours ago, RyanB96 said:

Claimants Solicitors: (if one is stated)

I don't think one has been stated, but I am not sure - I can't find anything about solicitors in any of the 8 pages.

urm ...its says DCBL legal ON THE 1st page of the claimform...

 

pop up on the MCOL website detailed on the claimform

.

register as an individual on the Gov't Gateway Site
Go to HMRC's login page.

Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...

You will now be issued with a User ID for your government gateway account.
 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.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim

type your name ONLY

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.

………….
 

you MUST ensure when you register and when log in to MCOL you use and CHANGE the address they have for you to THE CORRECT ONE.

 

 

[RyanB96]

Hi

I have followed most of the steps above now 

Where you have put 

"Type your name only, no need to sign anything" - online, the "name" field of MCOL is taken as the "signature" and is a mandatory field - is this okay? I had to put my name to confirm through to exit MCOL. 

RE: the letter for solicitors, I presume you mean do not put signature at the bottom of the letter, only my name. 

I would like you to be able to read through my letter before I print it out and send it. Where you have put: 

PLEASE NOTE - template letters from our library should not be reproduced on the open forums. If you would like to let people know the wording of your letters simply link to the Letter in question.

Does this mean do not put my draft on this forum?

What do you mean "link to the letter in question" - do you mean to "upload" as attachment to this thread and then link to it by "insert" on this thread? 

 

[dx100uk]

Just send the CPR as is after filling in yours and their details. Type name 

 

On mcol change your address, then do everything they ask  

 

Simple really but you always seem to get confused over everything.

 

I can see this being fun going forward....... 

 

Dx

[RyanB96]

Hi Dx, 

It's not that I get confused, I am double checking everything to make sure I do it right.

I am not from the legal world, I am from tech, and when I see a forum post (such as the CPR) one that is from 2018, my natural assumption is that it is likely out of date as in the tech world,

posts go out of date in days - things may have changed

- hence I check everything to make sure I get it right and follow exact instructions

- I have never dealt with something like this before. 

 

I have attached draft letter -

I think I have filled out everything correctly (Blue are the details I have entered, the rest is all as is).

I will fill in my personal details and send first class to DCB Legal recorded/tracked tomorrow 

Thanks for all of your help so far, it is much appreciated!

 

Letter to DCB Legal - Draft.pdf

[FTMDave]

BTW, do you know why the idiots started writing to your parents' address?

[RyanB96]

I don’t know..

I guess the address is a previous address on credit file, maybe one of my cards is still registered to parents,

I will have to check, 

I don’t know why they suddenly switched from mine to my parents,

since the car is registered at my address not my parents.

Maybe because I ignored the first letters they just tried a different address? 

[dx100uk]

linked address on your credit file.

On 30/03/2023 at 23:18, RyanB96 said:

I am from tech, and when I see a forum post (such as the CPR) one that is from 2018,

so am i.

we would not point you to advice if it was not current and correct.

On 31/03/2023 at 00:29, RyanB96 said:

Maybe because I ignored the first letters they just tried a different address? 

On 28/03/2023 at 23:39, dx100uk said:

you MUST ensure when you register and when log in to MCOL you use and CHANGE the address they have for you to THE CORRECT ONE.

have you done this ?

[RyanB96]

Yes address on MCOL is correct to my address now 

I am about to post the letter. Just to check

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

Does this mean I will have fees to pay? 

Thanks,

Ryan 

 

[AndyOrch]

Quote

CPR 31.15© 

 

CPR 31.14

[RyanB96]

Hi Andy, 

I have read CPR31.14 and CPR31.15 already, which confirms I will have to undertake 'reasonable costs'.

But apologies, my question is more "how much will the fees likely be" or "what is reasonable" ...

"reasonable copying costs" means absolutely nothing to me...

if we are literally talking the cost of printing the document, which is pennies, then I don't consider it 'reasonable' to charge for that...

but I am not in the legal business and for all I know they may consider it "reasonable" to stick a £50 premium on it for the effort to find & print... "reasonable" could literally mean anything? 

 

[FTMDave]

If you read other threads, you'll see the fleecers never charge anything.

 

Indeed most of the time they don't reply to CPR requests - which is great, as you can later show them up for refusing to produce important legal documents.

[RyanB96]

Thanks Dave,

 

Let me have a check of other threads again too. 

 

I'll get that letter posted now then! 

[AndyOrch]

Quote

Indeed most of the time they don't reply to CPR requests 

 

Nor are they legally required to given that CPR 31 does not apply to small claims track claims,  CPR 27 directs disclosure in the SCT. 

 

CPR 31.14 is only used to bolster our defences and bring to the courts attention the claimants lack of cooperation and the claimants attention of what they will face should they wish to proceed with the claim.

 

Our template 31.14 incorporates CPR 31.15 with regards to potential copy costs but not the right to actually inspect a document.

 

[RyanB96]

Just to update / confirm, the letter is posted and I have the certificate of posting. 

[RyanB96]

Hi, 

 

I have just received a response from DCB Legal BY EMAIL (how have they gotten my email? I have never used or given it!) with 4 attachments - me in my car entering car park in colour, me leaving, and then front and back plate zoomed in images too. 

 

 

[honeybee13]

You need to stop them using email for correspondence. They've been known to send important documents for a court case at a minute to midnight the day before, so you have no chance to look at them properly.

 

HB

[RyanB96]

Hi Honeybee,

 

Thank you for the response - 

 

Is there a particular method I should use for this? I have been reading a few other threads, will the following suffice: 

1. Reply telling them that in no circumstances should email be used for any further communication. (+ Block their email)

2. Send them a 2nd class letter to confirm email should not be used for any further communication. (+ Proof of postage) 

 

For the defence, I've copied the POC and the Defence template below. Should I modify the defence to specify which paragraphs are denied as I have seen on other forums, or leave as is per the template, also as done on other forums - is there an optimal? I did have a crack at it, but reverted to the template as I wasn't entirely sure which of my defence paragraphs absolutely denies which of the POC (e.g. is their paragraph 3 denied due to my paragraph 2, or my paragraph 3 - or both?) - do you have advice which is optimal here? 

 

POC:

1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to Vehicle XXXX XXX at McDonalds Wakefield 2 569, Dewsbury Road, Wakefield, WF2 9BY

 

2. The PCN details are 17/04/2022, 

 

3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of 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. £170 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 £0,02 until judgement or sooner payment. (£12.24) 

3. Costs and court fees (£35 Court Fee + £50 Legal Representatives Cost) 

Total = £170 + £12.24 + £35 + £50 = £267.24

 

Defence: 

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1.  It is admitted that the Defendant is the recorded keeper of XXXX XXX.

 

2.  It is denied that the Defendant entered into a contract with the Claimant.

 

3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim. 

 

4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

 

5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 

 

6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.