UKPC/DCB(l) ANPR PCN Letter of Claim now claimform - Crown Point shopping PARK, Junction St, Leeds, LS10 1ET

[brassnecked]

The extra 60 quid could also be their undoing if they do try court.

[wakeyshakey]

Hi All

 

I've scanned copies of the PCN that was sent with the letter.

Do I need to carry out any further action as for now?

 

Thanks

 

UKPC PCN+Notification letter.pdf

[FTMDave]

So DCBL sent you a copy of the PCN?

[wakeyshakey]

Yes, DCBL sent copy of the PCN

[FTMDave]

It's up to you what you do now.  You've got a copy of the PCN and have, for the moment, batted UKPC off with your snotty letter, so you might want to let sleeping fleecers lie.

 

On the other hand you could sue UKPC for a couple of hundred quid for distress for refusing to satisfy your SAR request.  Below is a link to a thread where someone did that successfully.  Your choice.

 

https://www.consumeractiongroup.co.uk/topic/452147-loc-to-ncp-for-failure-to-supply-sar-paid-in-full/#comments

 

[wakeyshakey]

Hi FTMDave / All

 

I hope you're all well... I'm thinking to leave it for now as I'm spread quite thin at work at the moment.

I haven't had any further correspondence but will update if anything is received..

 

Many Thanks

[wakeyshakey]

Which Court have you received the claim from ? MCOL Northampton N1 ?

 Name of the Claimant : UK PARKING CONTROL LTD

 Claimants Solicitors: DCB LEGAL

 Date of issue – 22 MAY 2023

 Date for AOS -  

Date to submit Defence 

What is the claim for – 

1 . THE DEFENDANT (D) IS INDEBTED TO THE CLAIMAINT (C) FOR A PARKING CHARGE (S) ISSUED O VEHICLE XXXX XXX AT CROWN POINT SHOPPING PARK, JUNCTION STREET LEEDS, LS10 1ET.

 2. THE PCN DETAILS ARE 16/12/2020, 9XXXXXXXXXXXX

3. THE PCN(S) WAS ISSUED ON PRIVATE OWNED OR MANAGED BY C. THE VEHICLE WAS PARKED IN BREACH OF THE TERMS ON Cs SIGNS (THE CONTRACT) , THUS ASSUMING 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 ENTITLE C TO DAMAGES.

AND THE CLAIMANT CLAIMS

1. £160 BEING THE TOTAL 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 PYMENT.

3. COSTS AND COURT FEES

 

AMOUNT CLAIMED	194.24
COURT FEES	35
LEGAL REPRESENTATIVES COSTS	50
TOTAL AMOUNT	279.24

Hi All

Hope you're well

I have now received a claim form from County Court Business Centre

I ll acknowledge the claim form as stated and any advise will be much appreciated

Thanks all

----------------------------------------------

I have moved since the PCN was issued and all correspondence have been mailed to my new address

[dx100uk]

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.

………….
 

ensure you check MCOL shows your current address.

i know it sounds silly, but we've had this with UKPCL before.

 

[FTMDave]

Once you've done what dx has indicated please report back and we can consider UKPC's refusal to respect your SAR.

[wakeyshakey]

Hi DX

I did receive the SAR. My partner had placed it on my office desk while I was working away and I hadn't realised it was sat there.

 

So I can do all the MCOL stuff now? I don't need to wait for a certain period of time to lapse before responding to the claim?

Edited May 30, 2023 by wakeyshakey

[dx100uk]

ALL the mcol stuff?

just the AOS.

 

 

[wakeyshakey]

OK ... Thanks DX..

 

I'll get the MCOL done ASAP and send off the CPR request sent off and then will start preparing for the defense nearer to the 33 days

 

 

[dx100uk]

defence is already further down in the Q&A sticky you did

[FTMDave]

So you can you please upload the relevant contents of the SAR?

[wakeyshakey]

Hi

Attached is what i received from the SAR reply from UKPC

2020-12-23 PCN 16-12-20 + 2021-01-22 notication letter.pdf

[FTMDave]

Thanks.

So the same as you already had from DCBL.

The scans are so bad that the car isn't even visible in the photos - is if them causing this problem or you?

And what were you doing for 4 hours and 14 minutes in the shopping centre?!

[wakeyshakey]

Hi FTMDave

That's what they sent me. The car is not visible in the image. You can just about make out the tail lights in one of the images and of course the Reg is visible but I have blocked it out.

It was my partner at the shopping centre .. not me. She was doing some Xmas shopping and supposedly lost track of time

[FTMDave]

What utter buffoons that they can't even send you a decent copy of the PCN.

[lookinforinfo]

A number of points about the PCN. Like Dave I am finding it a bit difficult to read in places so perhaps I missed it somewhere in the text but I have not read where  UKPC claim to be the Creditor. It may be there and I just have not seen it. Black mark if they have missed it off since it would make the PCN non compliant.

In addition, most of the rogue companies do not seem to be including  the Period of Parking which is necessary if they want their PCN to be compliant. The Protection of Freedoms Act 2012 requires the period to be included on the PCN.  They have got it on the photos but that is not on the PCN. Furthermore the parking period is not the time of entrance to the time of exit. Time has been spent from driving in the car park to their parking spot  and then from the parking spot to the exit. On busy times it can take time to either find a parking spot plus trying to leave there may be a queue  in front trying to get out which can all add to the time. Also an occupant may be disabled which can add to the time  to exit.

I notice that a section has been added to the PCN which is not included in the Act itself. Namely that late payment will mean increased costs. this flies in the face of PoFA  where it is laid down that the maximum that can be charged is the amount on the signage.. It is nit picking a bit but getting the PCN reckoned to be non compliant means that you as keeper are not liable for the charge. And as you are not going to tell them who was driving they will have problems trying to win should they take the case to court. However if the Judge does not agree that it is non compliant an extra 30 minutes will be tricky to get out of.

[wakeyshakey]

Hi All

 

Apologies for not being around more. I've been swamped with work, which requires quite a bit of travel.

I have looked over the documents again and no reference to UKPC being the creditor. The back of both docs are the same.. useful information section. contesting a parking charge info and Data protection info.

As for the image, Its pretty much exactly as you see it.. very dark. I even went onto their online portal and its the same there as well. The reg is highlighted and all else around it is dark.

I'm going to to start putting together my WS this week and upload it for review . I calculate 24th June, which is a Saturday so will do it on the day before.

Thats 33 days from 22nd May, which is the date on the MCOL

 

Thanks All

[dx100uk]

eh?

no you are at defence filing stage

the defence is ALREADY done for you further down in the court Q&A sticky you filled out.

WS is for MUCH later, IF it even goes that far.

 

dx

 

[wakeyshakey]

Hi DX

Thanks for correcting me. Yes, I meant defence stage to be filed on the 23rd.

When you say the defence is already done for me.. are you referring to the letter I wrote to DCBI or something else that I'm obviously not seeing?

 

Thanks

[FTMDave]

Go to  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/

Scroll down to  Q2) How should I defend?

There is the template defence.

Point taken about work but you need to read threads by others in a similar situation so you gen up on the court process and know what will happen next.  Otherwise you will slip up. 

 

 

[wakeyshakey]

Thanks FTMDave.

I'll make some tweaks to the defence , ready for upload to MCOL

Thanks again

[dx100uk]

post it here 1st!!

 

dx