UKCP/CGTT (ZZPS)/QDR ANPR PCN PAPLOC Now Claimform - Junction Street Retail park. leeds

[dx100uk]

On 14/08/2023 at 13:35, bradfordlad said:

Date to submit Defence - FRIDAY 8TH SEPTEMBER

you really should also re-read your thread when you post.

as i said before and NB pointed out.

just file our std defence dont adapt it other than your details

everything else is for you WS.

dx

 

 

[bradfordlad]

Thanks DX,  standard defence with just my car reg.  

Will submit later next week just before deadline. 

Cheers

[bradfordlad]

Standard defence filed today at 17:40 so effectively tomorrow as per deadline.

[FTMDave]

[bradfordlad]

Just thought I'd drop by with a very little update - defence was filed as above, and MCOL system shows as received the following day so all good there. 

I received a letter from the Court Service saying, "we've got your defence, so now it's in the hands of the Claimant." 

And here we are - almost a month later, and not a peep from anyone.  What happens next?

Do I literally do nothing until I hear from the court?

And how do I know if the claim is proceeding or has been stayed? 

Bit confused by the dates as you can probably tell! 

Cheers

[dx100uk]

you read ALL what it says on the court letter carefully........

although i would not be cheering the claim is stayed (which does not show on MCOL) until about 2mts.

read a few PCN Claimform threads here to so you KNOW whats to come next and HOW to react or Not.

dx

 

[bradfordlad]

Morning all,

Received this by email yesterday from the solicitors:

Re: Our Client: Uk Parking Control Limited

Claim Number: xxxxxxxx 

 

WITHOUT PREJUDICE SAVE AS TO COSTS

We write to you in relation to the above matter.

To assist the Court in achieving its overriding objective, our Client may be prepared to settle this case. I can confirm our Client would be agreeable to £220.00 in full and final settlement of this Claim. The current outstanding balance is £285.36.

Should you be agreeable to this offer, please confirm the same within 7 days. Payment can be made via our website www.dcblegal.co.uk, by calling our office on 0203 838 7038 or via bank transfer:　

DCB Legal Ltd Client Account　　

Sort Code: 20-24-09　　

Account no: 60964441　　　

When making payment please ensure you include the following reference number, xxxxxxxxxx, to enable us to allocate it to the correct case.

Upon receipt of the settlement sum of £220.00 we will update the Court that the matter has been settled. If you are not agreeable, we will continue to follow the Court process as normal.　

Kind Regards,  

Xxx

What do you think? Should I reply saying, "No thanks,  happy to go to court?" or should I ignore it? 

Thanks as always

BL

[BazzaS]

Whatever you decide (or get advised), inform them that, going forward,  you will NOT accept communication by e-Mail, only in writing.

 

Otherwise, you risk them emailing you at the last minute, and them telling the court “but they agreed use of email”!

[dx100uk]

yes how did they get your email?

dx

[FTMDave]

You should ignore the communication.

However, as the others have asked, how did they get your e-mail address?  If they are allowed to use it they will file court documents one minute before the deadline full of lies, which you'll have no chance of answering.

[lookinforinfo]

I would write to DCBL saying that you are in receipt of their email apparently with an offer to settle out of Court. If it had been a serious offer I would have expected the figure to have been around £100 -you know that figure that the keeper is expected to pay according to PoFA and the signage in the car park.

So how on earth you had a total of £285.36 is beyond me even taking into account that you have added in the debt  collectors fee. Yes the debt collector that says "no win-no fee". And though they didn't get me to pay, you seem to think that you can include their fee  anyway!

It's a pity that despite quoting  Parking Eye v  Beavis ad nauseam you seem to have missed the part near the end where the Judge states that anything much over £100 would be liable to be a penalty and in any event £100 though not a penalty  because of the legitimate interest, that charge should include all the costs involved in pursuing the motorist.

I would say that the penalty clause is definitely engaged at £220 never mind £285 and look forward to seeing how much the actual sum required when this case comes to Court. I will  be producing your email  and my response to show that you have no interest in attempting to settle out of Court. Your offer is farcical and you should be ashamed and embarrassed to have the effrontery to claim that you are expecting anyone to pay this figure which would be in excess of what the Court would impose.

Please note also that I am asking that any future correspondence from you or your client is in writing only. I am well aware of the skullduggery of the parking rogues when using email at the last moment. A strong complaint to the Jufge will follow should I receive further emails.

[bradfordlad]

Ok guys, bigger update...

Yes,  I had to send an email when i sent the snotty letter, as it needed to go by a set date and i was away at the time (as per post 42). Annoyed about it, but we move on...

I've just seen an email from them of 6th october, with an N180 DIRECTIONS form attached. Bugger, missed that

should i upload it here?

Thanks for the suggested email response LFI, will send that once I've been pointed in the right direction Re the N180.

sending a 'no more emails' to them today though. 

Thanks all 

 

[Nicky Boy]

Probably "scare" tactics by the naughty PPC...

Won't hurt to upload it.

What does mcol say?

i don't think official N180's are sent by email....?

[bradfordlad]

N180 received 6th oct REMOVED - REFERENCE STILL VISIBLE

 

Edited October 27, 2023 by bradfordlad

[dx100uk]

copy and paste the whole of the mcol claim history here please

exactly what it says not your interpretation

dx

 

[bradfordlad]

MCOL claim history copy & pasted as requested - thanks DX....
 

Your acknowledgment of service was received on 14/08/2023 at 16:05:07

Your defence was submitted on 07/09/2023 at 16:38:26

Your defence was received on 08/09/2023 at 08:05:23

When I click on the "Recent Transactions" button within Claim History, I get this: 

 

Recent Transactions for Defendant

 

Claim Status

A claim was issued against you on 09/08/2023

Your acknowledgment of service was submitted on 14/08/2023 at 13:01:50

Your acknowledgment of service was received on 14/08/2023 at 16:05:07

Your defence was submitted on 07/09/2023 at 16:38:26

Your defence was received on 08/09/2023 at 08:05:23

 

[dx100uk]

so no mention of the court sending out n180's so willy waving by the claimant

quite usual happens in every pcn claimform thread here if you care to go look...

ignore

sent to panic and harass. And you fell for it....simply because you've not read other threads enough.

dx

 

 

 

[bradfordlad]

Thanks dx - not so much panic, as "mildly concerned"! 

I have read other threads, but I guess it was the fact I'd missed it that was an issue.

Anyway - I've told them no more emails, and will wait to see what the postie brings in due course

Cheers

[bradfordlad]

Hi all, just posting to note that I have heard nothing since the last update in October. 

Too much to expect the case to be closed?   MCOL hasn't changed since I added post #91, so all quiet on the western front!  

[dx100uk]

the claim is autostayed and will now cost them upto £275 to lift the stay. safe to say its most probably dead.

but dont move without informing the court.

dx

[bradfordlad]

Ah, perfect - thanks for your help DX

[honeybee13]

Thread reopened.

HB

[bradfordlad]

Thanks HB.

yesterday I received a letter from the solicitors DCB Legal. 

Am I correct in thinking they are fishing to get contact details to pressure me for a payment? 

The letter seems to be intentionally blurry. 

They note I have not provided contact email or phone - Why would I?

Then it goes straight into CPR 1.1 - totally unconnected? 

I was initially tempted to send a snotty letter part 2, but as the case is still open at court I decided to seek wiser counsel here! 

So gang - what do you think?
Thanks! 

 

DCB without pred Letter.pdf

[honeybee13]

If it was me I wouldn't give them the information.

Has anything on MCOL changed for your case?

HB

ETA: Are you still at the same address?

[dx100uk]

stupid willy waving. means ZERO.

the claim is now well stayed

ignore them until/unless they ever raise an N244 to lift the stay and go for defence strikeout/summary judgement...FAT CHANCE.

dx