UKPC/DCBl PCN claimform - Parking Incorrectly Within Bay Markings - Valley Retail Park, Valley Leisure Park, Hesterman WAY, Croydon, London, CRO 4YA.

[hitman126]

No need for a SARS demand from the Claimant, etc, at this stage then you reckon?

[Nicky Boy]

Do you think you're missing any paperwork?

[hitman126]

Probably not.........but just thought anything to perhaps keep them sweating and on the back foot wouldn't go amiss 

[FTMDave]

Have you sent a CPR request to DCBL?

[hitman126]

Not yet, but I was hoping to do so probably today, but definitely before my defence statement submission before the Friday 4pm deadline.

Would that be advisable?

Edited December 20, 2023 by dx100uk
unnecessary previous post removed

[FTMDave]

It's best to do CPR as soon as possible, ideally around AOS time.

That is because UKPC won't have bothered to apply for planning permission, and although they will have some kind of contract with the landowner they won't have bothered to send it to DCBL, so that backs up your defence that they have no authority to bring the claim.

I also asked really because if they do send a half-hearted reply it substitutes for the SAR.

[hitman126]

Will get onto the CPR immediately and get that through the post to them by registered post.

[dx100uk]

no point in expensive post

they 9/10 never respond

save money use 2nd class stamp and get free proof of posting at any PO counter.

you do not in law have to prove a letter was received, just sent.

dx

 

[hitman126]

Next posts below, the draft CPR to DCB Legal and SAR request to UK Parking Control Limited, both readied for tomorrow's post.

Would greatly appreciate some proofreading of both and any subsequent feedback, please.

Thanks.

(templates removed - dx)

By the way, is it still perfectly okay to submit defence statements via MCOL? 

[dx100uk]

what does it say in red at the top of our templates?

you always file by mcol...why not?

as you did aos.

cant see the point in an SAR.

no need you are sending a cpr and if they need to rely upon anything they must produce it at the disclosures stage as i said earlier.

just send the cpr as is , you've dragged out sending it far too long.. it should have gone off the day your got the claimform not 2 days before your defence is due........................

dx

[hitman126]

All, any thoughts or feedback on the below defence statement I'm planning to submit on MCOL this afternoon please?

I incorporated some of the info @lookinforinfo kindly provided to highly the PCN defects

 

I am ...... of ......, defendant in this matter.

The claim is denied in its entirety except where explicitly admitted here. I assert that I am not liable to the Claimant for the sum claimed, or any amount at all, for the following reasons, any one of which is fatal to the Claimant's case.

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1.  The Defendant is the recorded keeper of motor vehicle XXXX XXX.

2.  It is denied that the Defendant entered into a contract with the Claimant.

3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.

The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation. Accordingly, it is denied that the Claimant has authority to bring this claim. 

4.  In any case, it is denied that the Defendant broke the terms of a contract with the Claimant.

5.  Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently legible manner which would be capable of binding any reasonable person reading them. They merely state that vehicles must be parked correctly within a marked parking bay, giving no definition of the term 'marked'.

6.  The PCN is not compliant with the Protection of Freedoms Act 2012 (PoFA) and the following breaches are cited to buttress this salient point.

    Schedule 4 S9 [2][a] of PoFA states inter alia that: 
      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;

    Schedule 4 S9 [2][e] of PoFA states inter alia that: 
      The notice must:  

      (e) state that the creditor does not know both the name of the driver and a current address for service for the driver and 
        invite the keeper:
        
        (i) to pay the unpaid parking charges; or

        (ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

7.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
    
I believe the facts contained in this Defence are true.

Name
Signature
Date

 

[dx100uk]

i would just file our bland defence as is.. dont play your cards.

dx

 

[FTMDave]

Click here  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?

[hitman126]

@dx100uk @FTMDave, thanks for the feedback guys.

Will submit the template defence to ensure all cards are kept under wraps for now and perhaps even delete the draft I posted earlier.

By the way, with regards the first defence bullet-point, as I'm no longer the recorded keeper of the vehicle in question, will it be appropriate to state:

'The defendant is/was the recorded keeper of [Car Reg #]' or perhaps omit the word 'is' entirely?

[dx100uk]

it is totally immaterial toward anything to do with this claim.

dx

[hitman126]

Ok. All done now. Template defense submission on MCOL is completed. We wait to see what transpires next.

Meantime, I'm going to get started on the Spring PCN and start that new thread. AoS was due on Boxing Day but as a result of that, I chose to submit it today. CPR and SAR on that will follow in the next few hours.

[hitman126]

All, a quick update on some new developments, following my MCOL defence submission just before Xmas. Last Friday, DCB Legal emailed me the below email as perhaps their New Year pressie to me.

 

Good morning

Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.

If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

Kind Regards,

xxx xxx

DCB Legal Ltd

 

PS: Will upload the N180 received very shortly.

[dx100uk]

std practice to intimidate and harass if you go read like threads.

ignore

watch MCOL to see if DQ n180's are sent out by tHE COURT.

we dont need to see it.

you also need to write and kill email comms.

dx

 

 

[hitman126]

Yep, you're absolutely right. Just their usual intimidation tactics. They've made no such submission on MCOL.

Will definitely email and warn them not to dare contact me again via email. I'll reuse a similar letter I sent out to them last year.

[hitman126]

[[ Draft Letter to DCB re: Email Comms ]]

 

Dear Sir/Madam,

 

Thank you for your e-mail of [[ date ]].

I see you confirm your client has reviewed the contents of my defence and wish to continue with the claim and indeed move straight on to completing the N180. I do also note you have already prepared your N180.  

I will of course comply with the Directions Questionnaire when the court orders me to.

Regarding your reference to e-mail for communications between us, kindly be advised that you are henceforth not to use my e-mail address again and I wish for all such communication to take place via Royal Mail post. I am therefore taking the necessary steps to block any further emails from yourself and DCB Legal as an entity, until further notice.

Thank you.

[FTMDave]

Spot on.  Usual 2nd class stamp (all DCBL are worth), usual free Certificate of Posting from the post office.

[hitman126]

All, so a quick update.

I  received a letter from the HM Courts service on Friday to acknowledge receipt of my defence statement and also to advise that a copy had been served on the claimant who must contact the court within 28 days, if they wish to proceed after attempts at a joint resolution has proved unsuccessful. 

[hitman126]

 a couple of quick updates for this week.

On Tuesday, I received an email from DCB Legal with its usual pre-N180 Directions Questionnaire wording as follows:

******************************************************************************************************************************

Good morning

Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.

If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

Kind Regards, 

Shannon Robinson

DCB Legal Ltd 
*******************************************************************************************************************************

Hours later,

I also then received a formal notification letter (N149A Notice of Proposed Allocation to the Small Claims Track) from the Civil National Business Centre.

Deadline given to complete and file the Small Claims Directions Questionnaire (N180) is 15 Feb 2024 and so will get cracking on that over the weekend.

[dx100uk]

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148

3 copies

NO to mediation - this is a claim for a Private Parking Ticket

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

 

dx