UKPCL ANPR PCN - overstay - MCDONALDS· WAKEFIELD 2 569, DEWSBURY ROAD WAKEFIELD WF2 9BY

[honeybee13]

You need to stop them using email for correspondence. They've been known to send important documents for a court case at a minute to midnight the day before, so you have no chance to look at them properly.

 

HB

[RyanB96]

Hi Honeybee,

 

Thank you for the response - 

 

Is there a particular method I should use for this? I have been reading a few other threads, will the following suffice: 

1. Reply telling them that in no circumstances should email be used for any further communication. (+ Block their email)

2. Send them a 2nd class letter to confirm email should not be used for any further communication. (+ Proof of postage) 

 

For the defence, I've copied the POC and the Defence template below. Should I modify the defence to specify which paragraphs are denied as I have seen on other forums, or leave as is per the template, also as done on other forums - is there an optimal? I did have a crack at it, but reverted to the template as I wasn't entirely sure which of my defence paragraphs absolutely denies which of the POC (e.g. is their paragraph 3 denied due to my paragraph 2, or my paragraph 3 - or both?) - do you have advice which is optimal here? 

 

POC:

1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to Vehicle XXXX XXX at McDonalds Wakefield 2 569, Dewsbury Road, Wakefield, WF2 9BY

 

2. The PCN details are 17/04/2022, 

 

3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of 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. £170 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 £0,02 until judgement or sooner payment. (£12.24) 

3. Costs and court fees (£35 Court Fee + £50 Legal Representatives Cost) 

Total = £170 + £12.24 + £35 + £50 = £267.24

 

Defence: 

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.  It is admitted that the Defendant is the recorded keeper of 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.  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.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 

 

6.  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.

 

[dx100uk]

do your no1.

 

file the blue txt on MCOL.

 

dx

 

[RyanB96]

For reference, 

 

This is the exact email response body: 

 

Quote

 

Dear Sirs,

 

 

We write in relation to your recent correspondence.  

 

Please see attached requested evidence in relation to the case.

 

 

Kind Regards, 

 

Alexandria Owens

 

DCB Legal Ltd  

 

Tel: 0203 838 7038 | DX 23457 Runcorn 

dcblegal.co.uk | Twitter | Linkedin | Facebook 

 

 

She also attached this attachment (it did not load previously, internet issue) Signs.pdf

Along with a site plan, and original notice to keeper. 

 

 

Edited April 5, 2023 by RyanB96

[dx100uk]

thats useless to them

simply a temple.

 

 

dx

 

[RyanB96]

Cool - Defence submitted to MCOL - thank you again for the help so far

[dx100uk]

now please get reading up!

there are 100's of pcn claimform threads here

you need to be 1000% sure you know 

whats next

how to respond

what comes after that etc

read a good few 10's of threads

 

but dont do anything further bar the no email - email without checking here first.

 

dx

 

[RyanB96]

The latest, despite previously stating not to use email, I received an email from DCB Legal... (from a different email to the one I blocked too) 

 

Quote

Good afternoon

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,  
 
Aaron Lomas 
 
DCB Legal Ltd  

 

Edited May 4, 2023 by RyanB96

[Nicky Boy]

Alligators!

 

All mouth and no ears...

[honeybee13]

You need to stop them using email or they could abuse the timings. 

 

HB

[RyanB96]

Hi Honeybee,

 

I already sent them an email stating not to use email under any circumstance. I will send them a letter now too, and reply to this email again stating not to use email under any circumstance -

 

Is there any extra steps I can take? 

Is there any harm in also specifically stating the address to us for them to communicate via post? 

 

Thanks 

Edited May 4, 2023 by RyanB96

[dx100uk]

yes do it

[RyanB96]

15-05-2023-Request to Settle.pdf

Latest from DCB Legal. 

 

Edited May 31, 2023 by RyanB96
Further Redacting

[Nicky Boy]

They're losing their bottle

[RyanB96]

In other threads I have read, defendants were issued a letter before claim, before the claim form came through, at which point it was time to send them a letter basically demonstrating I will give them grief. With my case, for some reason they skipped that step. Is it too late to send them that "stinking letter", or would now be a good time to? 

[Andyorch]

You need to include in your statement that the claimant did not utilise Pre Action Protocol, ideally it should have been in the defence you have already submitted but you can catch up if the claim proceeds.

 

Quote

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

 

 

 

.

[RyanB96]

Hi, 

 

just an update - I have now received a proposed allocation to the small claims track. 
 

I’ve been reading some other posts and with particular interest to something @lookinforinfo said on this thread 

 

ablut loading/unloading then the parking begins… when I infringed, I was taking a severely hungover/poorly friend to maccies to help sober them up. It took them about 30 minutes to get out of the car for fear of throwing up if they moved. Similarly, it took them awhile to move to get back in the car before leaving. Would I be right in thinking I can use that to my advantage? 
 

finally, I misunderstood the previous comment, and reading other threads hasn’t cleared it up (there are so many!) - is it too late to send a snotty letter since court proceedings have begun, or is it still early enough for me to send a snotty letter that may make them think twice about paying the hearing fee? 
 

[FTMDave]

Briefly, you are in a court case now.  You have to concentrate on winning in court. 

All the previous "snotty letter" ideas about dissuading the PPC from taking you to court are far too late now.

[dx100uk]

3 minutes ago, RyanB96 said:

Would I be right in thinking I can use that to my advantage? 

nope

3 minutes ago, RyanB96 said:

is it too late to send a snotty letter

way too late.

so you received an N180....

100's of like threads here upon what to do  with that.

you really really really need to be reading up between downtimes then you'd know what to do and how to react.

dx

 

[Andyorch]

 

[RyanB96]

Hi, 

I have filled in the Small Claims Track Questionnaire as below: 

Mediation - No (Parking Claim) 

Small Claims - Yes

Suitability for determination without a hearing - Can I select yes to this? If I am giving a witness statement and a judge is deciding anyway this seems quite convenient? 

For nearest county court, I have used the gov website to search by postcode - I assume any "county court" is suitable so this one is fine? (This is nearest)  

Boston County Court and Family Court - Find a Court or Tribunal - GOV.UK

WWW.FIND-COURT-TRIBUNAL.SERVICE.GOV.UK

---

Boston County Court and Family Court - Find contact details, opening times, how to get to here, types of cases managed, disabled access to the building

 

Expert Evidence - No  

Witnesses - 1 (Me) 

I plan to send off today 

 

[Andyorch]

4 minutes ago, RyanB96 said:

Can I select yes to this? If I am giving a witness statement and a judge is deciding anyway this seems quite convenient? 

You could but past history points to a better outcome if you attend and fight your corner in person.

[RyanB96]

Okay - when getting to court, will I do any of the speaking myself such as reading out my witness statement or will a legal representative speak on my behalf? 

[Andyorch]

Neither...the judge will outline the claim and your defence and may ask you and the claimant questions to clarify then determine the outcome.

 Its not Crown Court 

[RyanB96]

As mentioned before, I had 2 poorly mates in the car with me that needed food/water. One was particularly poorly - would it help my case if either of them were also witness? 

It is true to say I was more focused on getting in and parked as this person was likely to vomit, that I wasn't exactly looking for parking signs! But I'm not sure if that would go in my favour or against me.