UKPC/DCBL Vanishing? Windscreen PCN claimform - ignored everything - West Cumberland Hospital homeward Hensingham CA28 8JG

[Squaddy_2078]

An elderly (92) relative has received a claim form filed by DCBL for a PCN issued in January 2018.

Neighbours managed to signup to MCOL and file the AOS on-time. I said I would deal with it when I get back from being posted to the Baltics, unfortunately I've been a bit delayed and only returned today.

Based on the issue date 24APR today is day 33 and as it falls on a weekend I think he has missed the deadline which was 4PM Friday to file a defence which might mean he needs to provide some other paperwork? 

I've searched his house and I cannot find the original PCN. It was probably stuck on the windscreen as they still do that at the Hospital because I've seen them myself when I've been up there. He's probably ignored it all and binned whatever came in the post.

Not being in the best of physical & mental health, he has no recollection of the event, he no longer drives. At the time of the event he was being treated for cancer. It might be that he loaned the car to a friend who has since passed away. 

I'd like to submit a brief defence today, (if that might still be OK)? I'll then send off the SAR to get a copy of the original PCN.  Otherwise, might we be going down the route of some kind of default then paying the fee to overturn that?

1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXXX at West Cumberland Hospital homewood,hensingham,ca28 8]g

2. The PCN details are 26/01/2018,xxxxxxx

3.The PCN(s) was issued on private land owned or managed by C. The vehicle was parked In breach of the 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. £130 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 £0.01 until judgment or sooner payment.

3. Costs and court fees

 

Amount Claimed £186.49

Court Fee £35

Legal Rep £50

Total £271.49
I

three documents,

the claimform,

the LBA from March and

a reminder I've found dated 2021.

I've redacted the personal stuff.

 

DCBLClaim .pdf

[Squaddy_2078]

Any reason why the file permissions change once I upload it? 

 

 

Edited May 28, 2023 by Squaddy_2078

[FTMDave]

This is probably still rescuable.

Get back on MCOL and immediately post a defence.  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/  and scroll down to  Q2) How should I defend?  where you will find a generic defence.

Do all this now.

The law is that, if someone files a defence late, but the claimant hasn't yet entered judgement, the defence takes priority.  Maybe the Bank Holiday will have kept the charlatans out of the office and they may be late in their fleecing.  But do it now.

[Squaddy_2078]

Thank you for your reply.

I've submitted the generic one about an hour ago, hopefully that will give us some time. 

May I ask if you're able to open the PDF files? I've tried a few times to upload but for some reason the doc permissions change.

[FTMDave]

Yes, I can read the PDF fine.

Brilliant that you've submitted the defence.  That will certainly buy some time.  Basically you've done what everyone else does here ... albeit cutting it a bit fine

[Squaddy_2078]

Excellent. Thank you. 

I believe my next step is to go and submit a SAR to UKPC to get a copy of the photo evidence and the particular of the 2018 claim. I should anticipate DCBL applying for a hearing in the meantime. 

I would imagine the hospital car park is owned by the NHS Trust. Might it be fruitful to appeal to them to have the claim cancelled, or it's too late, now a Court claim has been issued? 

Was the law in January 2018 in such a way that we would have more legal basis to defend than if the PCN was stuck on his windscreen yesterday? 

Edited May 28, 2023 by Squaddy_2078

[dx100uk]

DCBL DOES NOT call the shots and are NOT the claimant!!

once you've filed that defence.

its upto the claimant IF they instruct DCBL to file DQ N180 in the 33 days they have.

even thought is was 2018 id be seeing if the hosp has a pals and write to them asking if they can intervene and get the PCN cancelled by the hospital admin as the RK is 92yrs old and was legitimately there in 2018 (hosp appointment?)

the pdf is ok

 

 

[Squaddy_2078]

Understood. So the ball is in their court.

PALS? Some kind of policy document, process? 

I have more faith in the Judges than I do in an industry appeals process :D. 

He cannot remember why the car was there. I'll try to get a list of his historic appointments to verify. 

[dx100uk]

Patient Advice and Liaison Service

 

 

Overview - West Cumberland Hospital - NHS

WWW.NHS.UK

---

Patient advice and liaison services (PALS) - Official information from NHS about West Cumberland Hospital including contact, directions and service...

 

[FTMDave]

Beat me to it dx

[Nicky Boy]

Squaddy is really on the ball.

What a breath of fresh air!

It's certainly worth a punt with PALS, but I wouldn't hold out much hope. The fleecers have issued proceedings now and got the bit between their teeth.

Sorry, shouldn't really compare the fleecers to our noble equine friends...

Edited May 29, 2023 by Nicky Boy

[FTMDave]

So tomorrow ...

1.  Get on to PALS.  We have had a whole host of victories here in hospital parking cases by doing that.  However, as Nicky Boy says, contacting PALS should have been done when the incident happened, not once a court case has started.  It's almost certainly too late.  Still, nothing ventured ...

2.  Get a CPR request off to DCBL.  Get a free Certificate of Posting from the post office.

3.  The CPR request should do the work of the SAR.  However, if you want, belt & braces, SAR UKPC, stick in some ID like a Council Tax bill otherwise they will find an excuse not to reply, usual free CoP.

[Squaddy_2078]

Defence looks to be registered OK, showed up on the Tuesday.

I've done the PALS and the CPR. 

Now the waiting game. 

Just curious, what would be the cost to DCBL for the hearing and contracting a local solicitor. 

[dx100uk]

not your problem..its small claims..

[Squaddy_2078]

I’m just curious of their costs, you don’t chuck £500 of fees you can’t recover on a £273 claim. 

[lookinforinfo]

They tend to use less experienced briefs for Small claims so they probably get about £200 to £300 for the case. However even if you lose they will only get around £200 so UKPC will never make a profit. But it encourages other motorists to pay up rather than go to court.

Knowing UKPC they will have cocked up somewhere along the line so your relative may get off scot free. Just a question of waiting for their paperwork which they would probably be safer to leave that task to the tea lady rather than DCBL . 

[Squaddy_2078]

I can update that our defence was properly entered by the Court as we received a letter.

I'm therefore waiting for the case to be allocated a hearing and the replies to our SAR to UKPC and the CPR to DCBL. 

Looking forward to those two DCBL Grandpa's coming 'round off the Telly. 

[dx100uk]

No you are awaiting dq n180 being sent, might never happen, and only ever respond once mcol claim history says they've been sent out. ....

[Squaddy_2078]

A letter has been received from DCBL stating "no further action will be taken on this case at this time" referencing the MCOL claim reference. That's really all it says. The case is still live on MCOL, I presume they're just gonna let the deadline for applying for a hearing expire. 

[dx100uk]

hearing? - have you not been reading the last few  posts here. nor selfhelping by reading like PCN claimform threads?

already answered this.

 

[Squaddy_2078]

OK so they've notified us they won't be taking it any further. 

The matter is seemingly closed. 

[dx100uk]

i wouldn't believe anything they say. unless it is accompanied by an N279 discontinuance court form.

the claim remain live to any action via an N244 set aside for SJ.

dont move in 6yrs without informing them/court.

scan it up if you can to PDF please

 

dx

 

 

[Squaddy_2078]

They must be a real bunch of scumbags to say we won't take any further action to then change their minds and issue it again.

If they don't do anything on MCOL, what happens to the case? 

There's nothing on the letter I left out. All it says "Please note, no further action will be taken on this case at this time". Signed, Paralegal. 

[Nicky Boy]

"Please note, no further action will be taken on this case at this time"

Last 3 words give it away...

[Squaddy_2078]

So they're buying time? There is no deadline for them to reply like there was for me to acknowledge or submit a defence?