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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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UKPC/DCB Legal Windscreen PCN Claimform - 1 to 21 The Martletts, Crawley, West Sussex, RH10 1ER ***Claim Discontinued***


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Well done Intrepid,

UKPC/DCB Legal Windscreen PCN PAPLOC now Claimform - 1 to 21 The Martletts, Crawley, West Sussex, RH10 1ER **Claim dismissed, counterclaim dismissed** - Page 7 - Private Land Parking Enforcement - Consumer Action Group

I am fighting the same claim from UKPC, 

different alleged parking violation date, same place at Martlets, now awaiting a court date. 

There are a lot of others similarly caught out. 

I have challenged DCBL on several points but think I might just leave things as is and let the Judge decide if it gets that far.

I will do a bundle, maybe a skeleton. 

The problem is with these scamsters is that they rely on people giving in and the law of averages means that although you and others won or UKPC discontinued, there are a host of others who paid.   

My feeling is that they are paying £50 for a legal rep, to attend and they have no right to speak for the landowner who is Kames Investments. 

My case is no contract as no signage that was visible to indicate I had entered a UKPC area.

Photos were taken after the ticket issued too in my case and the parking attendant was on site saw us mistakenly buy NCP ticket. 

 

 

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SeldomSeen, the antics of the attendant make your case even stronger than Intrepid's, as legally the attendant should have "mitigated" the loss and told you you were parked in the wrong place.

However, every case is different, as dx says, please start your own thread.

We could do with some help from you.

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  • 2 months later...

Dear @Intrepid

I am fighting the same claim, relying on the same defence. Is there anyway you would be able to pass me their claim number against you and your name if it's not too much to ask. A short statement would be great if possible. 

I am about to go back to court over another spurious nonsense, the claimant having already lost once this year against me and I am pretty well sick of defending. I'd rather the parking clowns pulled out because the judges will soon think I live in the hearing centre at Brighton!   

The problem with the MCOL system is that it encourages bad behaviour from aggressive companies hoping that defendant's will simple pay up. With the parking clowns, it's a numbers game, they have plenty that pay up to afford to chase us over an alleged transgression of 5 minutes or so parking over which they have lost nothing but they will cost the defendants many hours work in preparing a defence, half a tree in paperwork and lost time for the defendant. 

When will the courts realise this is bad behaviour and bar them from clogging up the court system! Rant over!

Just a thought, you can make an official claim though ICO.

It doesn't cost anything, if ICO upheld your claim then perhaps you could mount an action.

ICO  could also fine them, not sure how effective ICO is but I think it can stop them from using the DVLA database.

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SS, if you need help with your case, please start a new thread of your own rather than hijacking Intrepid's. Hopefully they will comment on that.

I've edited your last post but one to show some paragraph spacing, please could you do that in future posts? :)

HB

Illegitimi non carborundum

 

 

 

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I am not hijacking, I am simply asking for his/ her help and details on this case this thread is relevant for me to reply to.

I have also posted on the GDPR issue, again concerning this case not mine.

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I would strongly discourage Intrepid from sharing any personal information. Users of the forum know absolutely nothing about each other.

Seldom Seen is a very recent registered user, who appears to be reluctant to start a thread. That's fine if they want to use info from other threads to go it alone it alone, but they should certainly not be approaching other users.

The forum relies on input from users to function, but Seldom Seen, seems not to want to contribute in any way.

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Unfortunately Nicky, one cannot roll up at court and simply show a forum post of someone claiming they have had a case dismissed for parking in the same car park .

One needs evidence that the court has already dealt with the matter, Ideally that is in the form of the judge's transcript of the ruling or at least a copy of the judgement.

For that reason, the parking clowns know they can keep throwing in the same claims and scamming motorists.

Good that Intrepid has seen the case through to court and won but its not in the "overriding objective" of the court to go over the same matter time and time again.

There are websites where people via private messaging have stood up against unfairness, given me their names and legal correspondence and offered help, to include a specialist lawyer that offered his help for free. 

I have never paid any parking charge in part due to these people. 

Unfortunately at this time I have bigger fish to fry than this claim so it must sit on the backburner.

I don't have time to post up the mountain of papers.

If Intrepid is indeed intrepid and pm's me, no need to disclose any private info,

I will send over my claim form to him/her unredacted.

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He just seems to want a transcript.

He's not asking for private advice, he just needs the claim number and parties name to apply for a transcript.

hardly seems bad....

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underpaid paralegal

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2 hours ago, SeldomSeen said:

I have never paid any parking fine in part due to these people.

it is NOT A FINE.....this is an extremely important point to understand

no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything.

Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter

hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do).

Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS.

Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves.

10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either.

the more people read the above the less income this shark industry get.

where your post said fine it now says charge

dx

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks dx100uk! ....you are correct. I'm working on the "bigger fish" bundle for the courts (not to do with parking) !  2 solid days into the bundle and the deadline looming so I am sleep-deprived! 

I'm happy to share my files on UK Parking Control/DCB Legal, but not until settled, for the same reason that I am not trusted to be them on this site!  I've already identified a major issue in their claim,  these guys are on a roll. 

Is anyone else getting the automated calls saying are you so and so? If you say yes the call is then referred to some call centre to DCB Legal...they then know you are weak because you are willing to talk to them over their silly claim!  They prey on the poorer amongst us and that is wrong.

Honeybee will be on my bonnet saying I must start a new thread

 

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ive made a thread for you

post up here if you want any help.

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to UKPC/DCB Legal Windscreen PCN Claimform - 1 to 21 The Martletts, Crawley, West Sussex, RH10 1ER
  • 5 weeks later...

Update on my case, I am not sure if I am posting in the correct place.

I received notice of the day of the hearing a few days back; the case to be heard in early August in Brighton.

Today, as expected, a notice of discontinuance arrived in my emails from DCB Legal on behalf of UK Parking Control Ltd.

That will not be the end of the matter for me as I know that UK Parking Control has broken their contract with the landowner so they had no chance of success.

It might interest anyone facing UKPC's trumped-up charges for Marletts parking to know that their contract states they must have the landowner's agent's permission to take court action and that under the contract certain signage has to be in place and as we know it is not.

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Hi.

Yes you're posting in the right place to update your thread, thank you for letting us know the encouraging news.

Other people will confirm but I think it might also be good to have confirmation from the court about the discontinuance. We have trouble trusting PPCs and their lawyers.

HB

Illegitimi non carborundum

 

 

 

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urm.. unless you've specifically given them permission to serve legal documents via email then the n279 could be a trick. it should be served by surface mail and check the cOURT have received a copy . they dont send out any notification the claim has been discontinued.

ring the court monday.

  • I agree 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...
Posted (edited)

Any update here?

Can you please upload the Notice of Discontinuance?

Edited by FTMDave
Typo

We could do with some help from you.

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  • AndyOrch changed the title to UKPC/DCB Legal Windscreen PCN Claimform - 1 to 21 The Martletts, Crawley, West Sussex, RH10 1ER ***Claim Discontinued***

Here goes,

I've left on the claim number, I've just masked out my name.

This court stuff is in the public domain anyway, once it's in the court system.

Regarding the use of my email address and serving legal documents, I have been served documents by email without my permission before and argued this in court, only for the judge to ignore it, although legally under Civil Procedure Rules dx100uk is absolutely correct. 

As far as this case is concerned I have written to UKPC some time back demanding a review of their files via my email address so I would say that the court would likely view this as an implied permission.

I am yet to receive confirmation from the court though have today forwarded them DCB Legal's email and enclosed Notice of Discontinuance.

I know this court to be slow, the last judgment I received ( in my favour was sent out  6 weeks after the event.

I had another claim discontinued 3 weeks ago so before this, discontinued outside the court room and then conveyed to the judge by barristers, but still no official notice has been received. 

However, I expect I will receive an email confirmation in writing back from the court before the actual court confirmation of discontinuance.

 

 

2024-00-21 N279 copy.pdf

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17 minutes ago, SeldomSeen said:

I am yet to receive confirmation from the court though

The court does not serve a copy...thats the claimants responsibility to serve notice.

Procedure for discontinuing

38.3

(1) To discontinue a claim or part of a claim, a claimant must

(a) file a notice of discontinuance; and

(b) serve a copy of it on every other party to the proceedings.

(2) The claimant must state in the notice of discontinuance that they have served notice of discontinuance on every other party to the proceedings.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38#38.3

 

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The court formally informs the defendant that the case has been discontinued, in writing.  I know this from others who have had cases discontinued and my barrister.  I am not expecting a copy of the discontinuance form from the court as indeed, that is served by the claimant.

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Well when they " formally inform you " post a copy up as I have never seen one in 18 years and 1000s of discontinued claims I have advised on this forum.

Happy to learn if something has changed :)

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It may have, as I specifically questioned my barrister on this.

One thing that seems to have changed is that costs awarded or a judgment to pay are being registered on the Register of Debt as on the date of the hearing.

The losing party must pay within a certain time and prove payment to the court as otherwise, the debt becomes a CCJ. 

It caught out the last claimant against me who preferred not to pay my costs.

The old system was that the winning party had to return to the court to enforce the judgment, maybe one still must do so if the money remains unpaid but the automatic CCJ probably cuts out a lot of court time by  "encouraging" payment as who wants a CCJ that they need not have. 

Back to Martletts,

I am writing a complaint to the owners of the site and the agents and the British Parking Association.

The agents are Savills and the land owners are Kames Investments.

I have just looked over my paperwork and note that the contract that UKParking Control sent me a copy of (redacted) ran out in 2021.

It's either sloppy admin that has resulted in them sending out an old contract, with no renewal paperwork or some other reason, or maybe their contract is indeed spent. 

One thing is that they are bound to act within the rules of the British Parking Association Approved Operator Scheme Code of Practice. 

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Well costs do not apply to small claims track with regards to discontinuance...CPR 38 is with regards to Fast Track Costs claims only

We could do with some help from you.

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