UKPCLtd/DCB legal ANPR PCN claimform - McDonalds Baguley 1062 673 Altrincham Road, Wythenshawe M23 9AA.

[FTMDave]

Well done on doing AoS and filling in the sticky.  Thanks.

 

Can you please upload the original PCN?

 

Briefly, what caused you to get the invoice?

 

And did the fleecers send you a Letter Before Claim?

[FTMDave]

The thing is, the overstay might only be short and within the grace + consideration periods - or it might not.

 

UKPC might not have bothered to follow the legal timescales in the Protection of Freedoms Act - or they might have.

 

We need to see the original PCN.

 

Time to get the CPR request off as dx says.  They may produce a copy of the invoice.

 

But a CPR request is just that, a request.  The fleecers' solicitors may not play ball.  But go for it as Plan A.  If there's no reply in say a fortnight, he can SAR UKPC.

 

 

[FTMDave]

And have a friendly brotherly go at him for chucking the paperwork away.

 

It's always a bad idea when you're in legal dispute, he now has to play catch up and doesn't have the evidence to defend himself.

 

 

[FTMDave]

Almost perfect.  Do we know that McDonalds are the landowner?  They might be renting from someone else.

[FTMDave]

Yes, just replace the paragraph which mentions McDonalds with the similar paragraph in the sticky.

[FTMDave]

[FTMDave]

1 hour ago, prestton said:

Bear in mind my brother probably won’t fancy attending a court hearing 

To be blunt - tough.

 

If he didn't fancy court then he should have paid the fleecers their £50 in September 2021.

 

He needs to concentrate on winning the court case.

[FTMDave]

Point taken.

 

But this is civil court, not criminal.  None of the intimidating figures in wigs.  More like a job interview with a person in a suit (the judge) asking both parties to state their case and then making a decision.

 

It just seems bizarre that the fleecers have given him the chance to make this go away when it was £50 then £100 then £160 - and now the figure is £270 he suddenly wants to negotiate with them.

 

I recently had to work out CAG court victories over the last two and a bit years with one of the PPCs, and it was over 80%.  So he has an 80%+ chance of winning in court if he prepares his case properly.

 

Alternatively he can negotiate with the fleecers, presumably they'd drop the interest part (also because the judge would never allow most of it) so that'd £25 off so £245 at a guestimate.

 

His call.

[FTMDave]

I've been on the site seven years and never seen one judge look badly on saying no to mediation.

 

Have you ever seen an example on any of the other similar threads you've read?

 

Sorry, but your brother is the one that's being sued, therefore your brother is the one who will have to go to court.

[FTMDave]

We're obviously sorry to hear about health problems, but the unfortunate reality is that your brother is stuck with the legal system in England & Wales like all of us are.  He's being sued, he goes to court.  That's the law.

 

As far as I know courts are open to the public, so yes you could go too.

 

However, he's the one who will have to deal with the case in court.

 

You're re right about being worried about him losing.  We've sadly seen here several times that a brother/friend/partner of someone in legal trouble comes here, puts in a lot of research and superbly gens up on legal arguments - but then a completely different person goes to court, hasn't got a clue, and loses.

 

He should be the one running the thread.

 

As for the rest, only he can decide.  It's bemusing as to why he decided to not pay the fleecers their £60 and instead battle them, if now he won't/can't battle them.  As a guestimate we've already tried to put the figures that mediation would achieve.  The decision is up to him. 

 

 

[FTMDave]

All the independent mediator does is pass messages between the parties, so whatever result it will achieve will be similar to contacting the fleecers directly.

 

As a guestimate I've said they might knock £25 off but I don't really know, no-one here ever chooses mediation in a PPC case. 

 

If something like that might be acceptable to him, then fine, choose mediation.

[FTMDave]

On 04/01/2023 at 20:31, FTMDave said:

I recently had to work out CAG court victories over the last two and a bit years with one of the PPCs, and it was over 80%.  So he has an 80%+ chance of winning in court if he prepares his case properly.

 

[FTMDave]

Have a look at this sticky.

 

It describes how to visit the local county court and familiarise yourself with what goes on.

 

https://www.consumeractiongroup.co.uk/topic/373518-guidance-note-making-a-county-court-familiarisation-visit/

 

Maybe doing something like this might put your brother at ease.  Just an idea.

[FTMDave]

Well done the judge on picking up on their generic bilge.

 

Let's see if they can actually understand what the judge wrote or will just ignore it due to the long sentences and difficult words.

[FTMDave]

What they have compiled is excellent - for you.  They mention POFA, so if their bilge isn't POFA compliant they are screwed.

Edited April 19, 2023 by FTMDave
Typo

[FTMDave]

The defence you already have is generic and can stay as it is.

 

In fact you don't have to do anything at all as the order says you "may" send a new defence.

 

However, we did get someone told off in the same circumstances for not informing the court they wished to continue with the old defence, so, just to be absolutely sure, it would be a good idea to communicate to the court that you wish to continue with the same defence as before.

[FTMDave]

What defence form?

 

You simply e-mail the court, refer to the judgement order date,  and say you are relying on your defence already filed.

 

In both the e-mail and the subject hearing put the claim number and the names of the parties.

 

Then send a letter to the fleecers' solicitors with the same info while applying as much snot as possible while sealing the envelope

 

As always send 2nd class - that's all they are worth - and get a free Certificate of Posting from the post office.

[FTMDave]

That's normal.

 

The fleecers send documentation to the court and to you.

 

You send documentation to the court and to the fleecers.