UKPC/DCBL ANPR PCN - appealed PAPLOC Now Claimform - Mcdonalds Bristol Patchway, 562 BS34 5TQ ***Claim Discontinued***

[mystic_bertie]

Hey guys

I got this DCBlegal 'letter of claim' through my door today, I cant help think that its not a legit letter of claim but i though i should ask the experts on here what they think, just to be on the safe side.   

 

UKPC-DCBL Letter of Claim.pdf

[FTMDave]

It is a legit LoC.

Please complete this -

 

[Homer67]

Snotty letter time?

[FTMDave]

Yep.

[mystic_bertie]

Dave many thanks for the link to the questionnaire i will get this done when i have more time its getting a bit late. 

[brassnecked]

The sooner the questionnaire done the better to see what they are saying.

[mystic_bertie]

thanks guys i have it nearly finished, i appreciate your  patience. I need to go outnow, all going well ill finish it late tonight.

[mystic_bertie]

Hi Guys many thanks for your patience. It took me a while to go through everything and provide you will the correct information.

Here is my questionnaire.

1 Date of the infringement 09-12-22

 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 13-12-22
  

3 Date received 11-01-23 BUT!!..

– This was during the xmas period and there was also the mail strikes going on.

It was originally sent to my old address in South Wales, it was then redirected to my daughter in Glasgow, Scotland because I had been living in a hotel for a short period of time and i had no address.

My daughter is young and she was not opening my mail very frequently so she had no idea that there was anything urgent there.

had a redirection set up from Nov 2022 to Apr 2023 (6 months).

I did email UKPC all this information and tried to appeal but they told me I missed the deadline to appeal this PCN.
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Yes
 

5 Is there any photographic evidence of the event? yes
 

6 Have you appealed? [Y/N?] post up your appeal] yes but i was told I had waited too long before appealing, I explained the reason why I missed the deadline but they did not seem to care. I don’t have the email or ref number sadly.
 

Have you had a response? [Y/N?] post it up yes but im sorry I cant find the email
 

7 Who is the parking company? ukpc

 8. Where exactly [carpark name and town] Mcdonalds Bristol Patchway, Bristol.
 

For either option, does it say which appeals body they operate under. POPLA
 

If you have received any other correspondence, please mention it – PCN+letter of claim from dcblegal included in pdf

 

 

PCN+PAPLOC.pdf

[dx100uk]

how many speculative invoices have you had now...and you STILL BLINDLY APPEAL...

 

[Nicky Boy]

Well, if the OP had kept the evidence of the fleecers refusing to accept the appeal, it would have been good ammunition down the line. 

I'm constantly amazed by people who lose important documents whilst in a legal dispute. 

Still, they might get lucky and get hold of it during a SAR...

[FTMDave]

OK, so you need to reply with a snotty letter.

Just to check something first.  Have you notified them in writing of your new address?

[mystic_bertie]

@dx100uk

to be clear after the second one as soon as i received it from my daughter. Why is it 'blindingly' are you mocking me for some reason?

You used to be very helpful but now you take every opportunity to have a dig at me. What has changed. If you cant post anything positive please ignore my posts and do me a favour.

I have donated many times to this forum and this is the thanks i get for it.

have very serious mental health problems and i will refrain from saying what i really think about your crappy posts.

If you have a problem with me please let me know as i have no idea. You are like a troll. You went from hero to zero.

@FTMDave - The recent letter from DCBlegal was sent to my new address so maybe they got it from the voters reg. 

@Nicky Boy - Thanks for your reply, it is easy to lose an old email i think everyone can relate to that.

IM from Scotland so im not used to bombardment of parking charges in England, i guess its wishful think that they will all go away but this one has come back to bite in the bum.

How will a SAR affect the letter of claim?

[dx100uk]

be careful. sorry but you must be a realist here - mental health issues are not an excuse. the fleecers couldn't careless and WILL exploit any mistakes to their advantage regardless and a court most certainly dont care. 

im keeping you on your toes and will continue to do so. you dont want later schoolboy mistakes creeping in and destroying your chances in court should things ever escalate that far and if they do - those mistakes cannot be undone.

donations are not bribes

we dont get paid anything. 

you should know by now, i will use any tool in my toolbox to help members.

 

47 minutes ago, mystic_bertie said:

The recent letter from DCBlegal was sent to my new address so maybe they got it from the voters reg. 

you need to get the snotty letter off as that will kill 2 birds.

hopefully deter them from escalation. legally inform of correct and current address

 

47 minutes ago, mystic_bertie said:

How will a SAR affect the letter of claim?

it doesnt its a separate issue.

but by sending UKPC an sar you might get a copy of what you put in your appeal, as that could be useful later on if we need to paper over any mistakes like admitting you were the driver by use i or me rather than 'the driver' did etc.

[Nicky Boy]

Just in case you missed it among DX's lengthy post,  you should include an unambiguous statement of your change of address in your snotty letter. 

[FTMDave]

dx and Nicky Boy are spot on.  The fleecers may be writing to the correct address now, but there's nothing stopping them having another go in three months' time say, deliberately sending the court papers to the wrong address, and you'll have a backdoor CCJ.  We've seen it happen.

So invest in two 2nd class stamps on Monday and send off the following.  Make sure you get two free Certificates of Posting from the post office.  Once that's done we can move on to the SAR.

 

Dear DCB Legal,

Re: PCN no.XXXXX

firstly, would both you and your client kindly note that I no longer live at XXXXX but instead now at XXXXX.

Next.  Cheers for your Letter of Claim.  I rolled around on the floor in mirth at the idea you actually thought I'd take such tripe seriously and cough up!

As usual you'll have been too bone idle to carry out any due diligence.  Had you done so, you would have seen how your client has broken every trade association rule in the book in my case.

Your client can either stop this madness now or else get a hell of a thrashing in court, where I will be sure to request an unreasonable costs order under CPR 27.1(1)(b).

I look forward to your deafening silence.

Yours, XXXXX

COPIED TO UK PARKING CONTROL LTD

[lookinforinfo]

I've had a look at their PCN and it is not compliant with the Protection of Freedoms Act 2012.

Schedule 4 S9[2][a] states  (2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

There is no period of parking mentioned on the PCN at all. What it does show  is when you arrived and when you left. That is not the period of parking since you have to drive from the entrance to the parking spot and later, leaving the parking space and driving to the exit which cannot be described as parking.  But by using the arrival and leaving times as the parking criteria it makes it look as if you stayed  longer than you should because of the driving involved.  Because It also ignores the five  minute consideration period and the ten minute grace period  the extra driving time inclusion makes the over age time look worse than it is. 

And around Christmas shopping times there is often much more traffic than usual which could have added to your time. And that does not take into consideration what the individual circumstances of each motorist actually involve. Were there any children with you  possibly requiring them to have been strapped in chairs. Or perhaps there was a disabled person that required a wheel chair to be set up . All these delays would have been included in the parking period so would not have impinged on the time allowed in the car park. So you may have to think what happened on that day to further stretch out the actual parking period.

The second reason for the non compliance is under Schedule 4 S9 [2][f]  

he creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

UKPC have not included he words within the brackets  and they have not met the applicable conditions since they got the parking period wrong.

There is one other matter on their PCN. They state that they can charge extra if the charge is not paid within a certain time. This is something  not mentioned in  PoFA at all. Indeed the maximum that can be charged is the amount on the signage so it may well be that the inclusion of an extra charge renders the PCN unlawful..

All this means that the charge cannot be transferred from the driver to the keeper. Only the driver is responsible for the charge and every person with a valid motor insurance policy is able to drive your car. How can they know who was driving if the keeper does not tell them and the Courts do not accept that the keeper and the driver are the same person.

[mystic_bertie]

@dx100uk thank you for your help and i am sorry for taking your advice the wrong way, i struggle to do day to day tasks and i find it harder to deal with matters like this and write letters. I would happily pay someone to do it on my behalf but i have to force myself to do it sometimes. Thankfully Dave has written a template letter for me which is a massive help. I have written the letter and done 2 copies. 1 to DCBlegal and the other to UKPC and i will post them tomorrow.and get proof of postage. Re the sar, we can leave that for later if needed.  Many thanks.  

 

@Nicky Boy Many thanks for you help. Thanks to Dave he has helped me with the template letter, i have done 2 letters and it tackles the snotty letter and the change of address.  

 

@FTMDave Many thanks for your help, i cant thank you enough for doing the template letter for me. I did find it hilarious when i read it too, well done indeed. I struggle to write letters now so i am very grateful that you did this for me. I have done the 2 copies of the letter and i will post them tomorrow, i will get proof of postage too. Thanks again.

 

@lookinforinfo many thanks for your help, i read your post thoroughly with great interest and im very impressed at your legal  attention to detail. It just goes to show what a bunch of morons they really are. Dave has kindly done a letter template for me, i have done 2 copies and i will post them tomorrow.  

 

 

[dx100uk]

[mystic_bertie]

yes indeed hip hip hoorah, posted as mentioned, i need a big whiskey now.

 

[mystic_bertie]

Hey guys i received a reply from DCBlegal, i have attached a pdf copy of the letter and hopefully someone can advise me further. ;)

20230731_165820.pdf

[dx100uk]

yours is not the next move

i can instruct my dog to sit, if it does is a totally different matter

dx

 

[mystic_bertie]

thanks dx 

i really appreciate your help and i will wait and see if they make another move or not  

[mystic_bertie]

hello guys they have sent me another claim form, should i just ignore it or should i post it to be checked over?  

[dx100uk]

claimform or letter of claim?

get your description correct please!!

 

dx

 

[mystic_bertie]

hey there it says Claim Form at the top of the letter