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

[FTMDave]

It is a legit LoC.

Please complete this -

 

[FTMDave]

Yep.

[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?

[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

[FTMDave]

[FTMDave]

What you have prepared will come in very, very handy ... but later on at Witness Statement stage.

Keep the defence generic for now so the fleecers won't have a clue about what you will argue in court, and then give them both barrels later at Witness Statement stage.

You know the drill -  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/  then scroll down to  2) How should I defend?  for the generic defence.

If you want, given in your case they refused to give you the right to appeal, change (6) to (7) and put in a new (6) -

(6)  The Claimant has not respected their own trade association Code of Practice, as they denied me the right to appeal.

[FTMDave]

[FTMDave]

What utter idiots DCBL are.  You didn't send a SAR.  You sent a CPR request.  Anyway, it's better this way, they won't send you the documents you requested so you can state in your Witness Statement later on that they refused to show important legal permissions. 

[FTMDave]

16 hours ago, dx100uk said:

@FTMDave i think we need to now add a line to our default PPC CRP 31.14 Template stating clearly this is not a Subject Access Request (SAR) .

Point taken dx.  Sorry for the late reply.

@mystic_bertie Can you upload the content of the SAR?

[FTMDave]

That's a pathetic response to a SAR.

That's on top of the fact you didn't send a SAR, you sent a CPR request.

Anyway, better that way, in your WS you can show you sent a CPR, they replied, and they didn't send any of the information, meaning you conclude that the don't have a proper contract with the landowner or planning permission.

[FTMDave]

2nd class, free Certificate of Posting.

Two birds one stone, give them your new address too so they don't try sending stuff to your old address knowing you'll never get it.

[FTMDave]

[FTMDave]

[FTMDave]

Yes!

[FTMDave]

The important thing from your point of view is that you should have filed your Witness Statement with the court three days ago.

The court will probably let you off if you are a few days late as you are a Litigant-in-Person, but clearly it must be done tomorrow.

I hope you have already drafted something.

[FTMDave]

I panicked when I saw your attachment and got it wrong.  Sorry.  The deadline for your Witness Statement is actually 27 March so time is on your side.

The court usually just states one deadline but weirdly in your case there is a second deadline of 13 March for "documents".  Thus my confusion.

I'll have a read through your thread from the start this evening and suggest sections for the Witness Statement.

I've removed your real name from the PDF.

Edited March 17 by FTMDave
Extra info added

[FTMDave]

So the sections of your WS need to be -

SEQUENCE OF EVENTS - a brief description of how you got the invoice.

NO KEEPER LABILITY - LFI's magic from post 16.  There is now a persuasive judgement you can quote  https://www.consumeractiongroup.co.uk/topic/465769-premier-park-euro-car-parts-gatwick-80-crawley-rh10-9pl-no-parking-period-quoted-so-pofa-not-respected/#comment-5250822

BREACH OF CODE OF PRACTICE - the stuff about them denying you the right of appeal.

NO LOCUS STANDI - you asked to see a copy of their contract with the landowner which authorises them to bring claims in their own name by CPR, they didn't send it, you don't believe they possess locus standi.

ILLEGAL SIGNAGE - your CPR request also requested to see proof of planning permission for their signs, they didn't send it, you believe they do not possess PP which is a criminal offence and no contract can be formed where criminality is concerned.

DOUBLE RECOVERY - the Unicorn Food Tax they make up.  This is the same for every case so I'll post the section below.

A couple of things.

Did you ever get you hands on what you wrote in your attempted appeal and their reply?  I'm concerned you might have outed yourself as the driver.

Have you checked yourself on the council portal if they have planning permission?

Edited March 16 by FTMDave
Extra info added

[FTMDave]

DOUBLE RECOVERY

33.  The Claimant has artificially inflated their claim for a £100 invoice to £170.  This is simply a poor attempt to circumvent the legal costs cap at small claims.

29.  Since 2019, many County Courts have considered claims in excess of £100 to be an abuse of process leading to them being struck out ab initio.

An example, in the Caernarfon Court in VCS v Davies, case No. FTQZ4W28 on 4th September 2019, District Judge Jones-Evans stated “Upon it being recorded that District Judge Jones- Evans has over a very significant period of time warned advocates (...) in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court V Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practise continued, he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law it is hereby declared (...) the claim is struck out and declared to be wholly without merit and an abuse of process.”

34.  In Claim Nos. F0DP806M and F0DP201T, District Judge Taylor echoed earlier General Judgment or Orders of District Judge Grand, stating ''It is ordered that the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in Parking Eye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the Civil Procedure Rules 1998...''

35.  The addition of costs not previously specified on signage are also in breach of the Consumer Rights Act 2015, Schedule 2, specifically paras 6, 10 and 14.

36.  It is the Defendant’s position that the Claimant in this case has knowingly submitted inflated costs and thus the entire claim should be similarly struck out in accordance with Civil Procedure Rule 3.3(4)

[FTMDave]

From point 23.8 of the BPA Code of Practice.  Use it in the BREACH OF CODE OF PRACTICE section -

You must have a process for considering appeals received
outside of the normal 28-day period allowed for lodging
an appeal where the appellant provides evidence of
exceptional circumstances for the appeal not being
lodged within the normal timeframes – where the
addressee only discovers and can show that a parking
charge notice has been issued in their name after the 28-
day period the period must restart and any enforcement,
excluding court action, must be paused

3 hours ago, mystic_bertie said:

I found my original email to them for the appeal, also the pdf reply letter they sent, saying it was refused because i missed their deadline, it has been passed on to a debt recovery agency.. I can post either of these if you need to see them.

Yes, please!

[FTMDave]

On 16/03/2024 at 22:16, FTMDave said:

The deadline for your Witness Statement is actually 27 March so time is on your side.

You need to move on this.

Edited March 25 by FTMDave
Double post

[FTMDave]

Have UKPC sent you their Witness Statement?

If not, you can afford to be slightly late, they can hardly moan if they are late too.

[FTMDave]

That's a good start, but the WS still needs a lot of work.

The problem is the lack of time.  Your deadline is tomorrow.

At my end a Bank Holiday means doing the work of five days in four, so the earliest I could help would be Friday.

Up to you if you want to send it off tomorrow or risk sending a better version but slightly late.

[FTMDave]

I can do some work on it on Friday afternoon.

Normally that would mean you could get it to the court by the 4pm deadline.

The problem is that Friday is a Bank Holiday and the earliest you will be able to get it to the court is Tuesday.

[FTMDave]

I haven't forgotten about this.  I've just done a bit of work on the WS, and will do more late this evening when I knock off work.  But two questions spring to mind.

Would your "jump leads" friend be prepared to write a short Witness Statement?  We could even write it at this end and just ask him/her for a signature.  Your inability to move the car is called Frustration of Contract and could be your ace.

Secondly, did you tell UKPC about the flat battery when you appealed?

 

 

[FTMDave]

Actually there wasn't a massive amount of work to do on the WS.  The "meat" was there because of the great work you'd already done.

Here is a version which I think is nigh-on finished.

However, with Easter there are a few days for the other regulars to suggest tweaks.

Defendant WS.pdf