UKPC/DCB(Legal) 11+PCNs for privately owned van used for my Ltd Co. - PAPLOC for 5, gained Default Judgement!! - Parkhorse Shopping Centre, Church St, Hudds, HD1 2RT **SET ASIDE+CLAIM DISMISSED**

[dx100uk]

i would not be putting in a £2800 LiP costs claim!

this is small claims LiP costs and their costs are strictly ltd.

 

if you are taking time off from PAYE employment you could get £90, but as you are self employed...? i doubt you'll even get that.

 

dx

 

 

 

[mrk1]

Getting my £275 back and seeing the look on the DCBL sols face will be enough for me. 

 

I emailed dcbl requesting any correspondence they have from me. No reply yet.

 

I told them I’d like it today and failure to do so would be mentioned at the hearing as their lack to communicate with me. 

Are they obliged to work with me on my request.   ?

[dx100uk]

pretty pointless ..

 

not needed 

 

dx

 

[mrk1]

True. Ok I’ll stick to plan. 
Will report back. 

 

Just swotting up on my court proceedings... I am a good boy and have never been dragged there, lawfully unlawfully.

 

A good video that you can be found on youtube

[FTMDave]

While you are to be applauded for all the work you're putting into the case, there is such a thing as preparing too much.

 

As dx says, it will all be over with in 10 minutes.

 

Keep anything you say as short & succinct as possible.  Something like "If I may, I would like to bring up the matter of set aside application costs.  I have plenty of evidence with me that I told the Claimant I ran a business and had every right to load & unload, yet they continued with a vexatious claim.  I would like to claim the £275 costs of this application."

[mrk1]

Thanks. Good points. 
Will remain silent and will answer sharply and succinctly. 

[honeybee13]

Good luck today, mrk. What time are you on parade?

 

Please let us know how it goes.

 

HB

[mrk1]

Thanks. 
I had a read over my written statement but there’s nothing to memorise. Should be easy enough. 
Virtual hearing at 11am. So I’ll get everything set up at 10.30am. 
I would live stream it but I read that’s a criminal offence. 

[brassnecked]

Good luck

[mrk1]

As expected the judge sided with dcbl. 
Reasons because I ‘should have received the claim form’. Lol. Gotchya. 
Well at least if anything I have the knowledge they dcbl have probably had quite a few of their tea boys or even their best on this and they’ve lost money in manpower, time and money. 
I guess that’s a wrap folks. 

[FTMDave]

Did the judge side with DCBL/UKPC only over the costs - or over the whole matter of the set aside?

[mrk1]

I don’t have to pay damages to dcbl. Can you imagine. Judgement is set aside and case dropped. But dcbhel don’t have to pay my £275. Which is what I was wanting. 
 

[FTMDave]

Sigh of relief!

[FTMDave]

Well, there are two ways of looking at this.  One is that you could very, very easily have had to fork out £2700.  It's easy enough to get judgement set aside when the claim form went to the wrong address, much harder if it went to the right address.  Getting the £275 back was always going to be a long shot.  i suggested it on a "nothing ventured" basis.  Really, you've had an excellent result.

 

On the other hand it was completely wrong for UKPC to sue you in the first place and for you to have to pay anything at all.

 

There may be grounds for suing UKPC here to get your money back.  Work calls now but I'll have a think and will scribble more later.

 

 

 

 

[mrk1]

Yes, I am an industrious guy, I will get that £275 back one way or another. I am happy to know UKPC and DBCL have wasted many man hours and saliva on this case.

I would be very keen to know about sueing UKPC if it was possible, but surely any new case would just be revertd back to the judges decision today? And therefore be more wasted time, time not spent on me building my business and life.

Mayb just leave it now. I am done with the legal system for now!

[AndyOrch]

Ideally you should have asked for costs in making the application at the end of the hearing......complex and expensive trying to get a costs order after the event.

[mrk1]

I think it was brought up at the end, I honstly expected to get awarded costs but the judge made out like it was my fault I did not get the claim form. When I tried to "debate" it as he called it, he said this is not a debate, I have made a decision and it's final.

[brassnecked]

Might be a eay needs thought as you always had the right to unload,  the seeking of your details breached GDP{R, as there was no ground to chase a tenant unloading. See wgahat the other's think, but well done, and bask in the knowledge they have lost more than the judgment sum, they have lost out on loadsa dosh in bailiff and Enforcement fees they were hoping to scalp from you.  You beat the Can't Pay We'll take It Away clownshow.

 

[FTMDave]

I was thinking of more indirect methods of going after UKPC for the cash.

 

We have had several successful claims recently against companies for not respecting SAR requests.  But UKPC did respect yours, right?

 

What about GDPR?  UKPC would argue "that they were pursuing what was in their opinion a legally owed debt".  So they saw the van where they reckoned it shouldn't have been, and went to the DVLA to get your details.  So far so good for them.  It's later when they knew full well you were a business owner and had every right to load & unload but instead passed your details to third parties and started a vexatious court claim, that we should look at. 

 

At what point can you prove they knew you had every right to be there?

Edited May 11, 2023 by FTMDave
Typo

[mrk1]

Yes I think UKPC respectd SAR, i foget who I requstd SAR fro now, was it UKPC or DCBL.

 

I think it was the SAR which brought back all of the 11pcn notices, as I was requsting info from them regarding the one other pcn for another speculative invoice. Then the 11 pcn come back for this case.

 

As for when did I tell them I was a business owner, I think it would have been possibly in this later duration of this whole saga, maybe around January 23rd  when I sent 'snotty letter' and cease and desist off. However, I can not obtain copies of that letter as it was done on word document in the library and printed and posted. I did not keep a copy. Only postal proof of postage. I dfinitely told them though as it was the first line in my defence.

 

Just thought, if I did not get that letter from the shopping centre managers, 100% the judge would have allowed these dogs to pursue me for the full amount of £2800 and no doubt that would have magically increasd to £5000 somehow, someway.

Awe, poor dcbl/ukpc. I hope you are listening.

Edited May 11, 2023 by mrk1

[mrk1]

Would any action to sue UKPC mean I have to pay upfront court costs? Or would there be any firm that would do a kind of 'no win no fee'?

[honeybee13]

What grounds would you sue on and how much for?

 

You'd have to pay a court fee depending on the amount of the claim.

 

I don't know if the case would be big enough to interest a NWNF firm, you'd have to approach some. But tell us more about what you want to do please.

 

HB

[mrk1]

I was just going on from what FTMDAVE suggsted.

To be fair I am not willing to put any money up front for this. I don't have faith in this system. A punk like me trying to take a Ltd (somewhat fraudulent) parking gang to court has no chance. If I have to pay £300 just to get £275 back, I am better focussing my energy on my business, life and future, not chasing down fraudulent parking gangs. Obvioulsy I would like to claim the £2800 what they were chasing me for, but that's not going to happen is it.

Edited May 11, 2023 by mrk1

[honeybee13]

So you want to sue for the set aside charge?

 

HB

[mrk1]

Yes. The £275. But also for possible damages and wasting my valuable time. Though I know a court will ask why my time is valuable. And tbh not sure I can even be bothered with it now. 
At least Dcbl and UKPC have wasted a ton of resources on this only to get zero. That’s my payment.   

Edited May 11, 2023 by mrk1