UKPCL/DCB legal Windscreen PCN Claimform - Marlborough Road Estate Braintree Essex CM7 9UZ ***Claim Discontinued***

[Niknak76]

Hi

In 2018 my wife used my car and parked opposite our kids primary school to collect them as normal on a public road outside the boundaries of a private residents car park.  She returned to car with kids and had a UKPC notice on her screen.

We binned it and carried on with our lives. About a year ago we started receiving letters from DCB Legal and we unfortunately binned all of those aswell !

On the 12th September I received a claim form from the County Court Business centre in Northampton.

I disagreed with the claim and responded to the claim online at Moneyclaim within the 14days. I said I was the keeper of the vehicle  but not the driver and that I had received no evidence regarding the alleged defence.

I have now received a further letter from the County Court Business centre with Notice or Proposed Allocation to the small claims Track. I have to complete N180 form and return by 14th November. Furthermore I have received a letter from DCB with a copy of their completed N180 form and have said they may still be willing to settle.

I stupidly called DCB and asked what they would accept to settle, they said £152 which was approximately half of the current charge and their additional costs. I declined. 

I can now  see that I have not done things in the correct way after stumbling across your excellent forum, however I was wondering if it’s to late to fight this, and do I have any chance of beating them.

 

Any advice would be very welcome.

 

kind regards. 

 

[dx100uk]

please complete this

 

Received a Court Claim From A Private parking Speculative invoice?? - How To Deal With It HERE***Updated Dec 2021*** - Private Land Parking Enforcement - Consumer Action Group

 

and post up the defence you filed too.

 

[lookinforinfo]

Welcome to the Forum.

Yes you can fight this and you were right to turn down DCBL almost fraudulent offer of £152 when the most it should have been was £100. It is a shame though that you tore up their paperwork  However you can send  UKPC an sar that will get you all the paperwork that you should have in your possession.

Could you please answer he question to help us help you.

i would also like to know where the car was when ticketed since UKPM . You seemed to say that your car was on a main road which should not be covered by UKPC.

 

[dx100uk]

PCN will have pictures.

 

dx

 

[Niknak76]

Which Court have you received the claim from ?

Northampton N1

 

 

Name of the Claimant : UKPC

 

Claimants Solicitors: DCB Legal

 

Date of issue – 12/09/22

 

Date for AOS -  16/09/22

 

Date to submit Defence - submitted 16/09/22

 

 

What is the claim for – 1. The defendant(D) is Indebted to the Claimant

parking Charge(s) issued to vehicle xxxxx at Marlborough Road Estate
Braintree Essex CM7 9UZ

 

2. The PCN details are xxxxxxx

 

3.The PCN(s) was issue on private land owned or managed by C. The vehicle was parked in breach of the 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. £160 being the total of the PCN(s) and 

damages.

2. Interest at a rate of 8% per annum pursuant to 5.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgment or sooner payment.

 

3.costs
Costs and court lees

 

 

What is the value of the claim?

 

 

Amount Claimed 217.16

court fees 35.00

legal rep fees 50.00

Total Amount 302.26

 

note: DCB have offered £152 by phone call to settle.

 

thanks for you help guys and the responses so far.

 

this is the defence i filled

 

I was not driving the car and furthermore I have received NO
evidence from the claimant regarding the alleged offence.

 

I haven’t got the pictures.

 

Do I now issue a SAR?

How do I go about this, email directly to UKPC?

Do you have a template I can use?

 

Thanks

 

claimform+DCBL N180.pdf

Edited November 15, 2022 by dx100uk
unnecessary previous post quote removed

[honeybee13]

Hi.

 

If you click on the letters SAR in anyone's post, you go through to another page with explanations of how to go about sending one and a template further down the thread. It's important to read the preamble.

 

HB

[dx100uk]

thread tidied.

 

how did dcbl get your phone number?

did you put it on your copy of your N180  to them?

if you did you also told them your email?

 

dx

 

[Niknak76]

Thank you.

I called them last week to tell them I was not the driver and asked them what the fee would be to settle now.

 

No I have not submitted the D180 or a SAR.

[FTMDave]

13 hours ago, Niknak76 said:

I can now  see that I have not done things in the correct way

On the contrary, you've done most things right - refusing to pay, successfully defending the claim, etc.

 

You need to see the photographic evidence of where the car was parked, so get a SAR off to UKPC today.  Get a free Certificate of Posting from the post office.  Stick in some I.D. otherwise they will use lack of I.D. as a reason not to comply.

 

When you defended, did you send a CPR request to DCBL?

 

Can you remember if UKPC sent you a Letter of Claim?

 

Learn from this experience and (a) never through away the paperwork when you're in legal dispute, you're now having to play catch up and (b) presuming the fleecers sent you a Letter of Claim you were wrong to ignore it, you could probably have stopped the claim in its tracks at that stage by showing them you would be big trouble for them if they did do court.  They tend to think that who ignores a Letter of Claim - having possibly moved - will ignore a claim form too so they issue it hoping for an easy default win.

[Niknak76]

Who am I posting the SAR to? DCB or UKPC?

 

I did not issue a CPR.

 

I think they did issue a letter of claim. They mentioned this on the phone.
 

Noted. My fault entirely, I thought it was going to go away if we ignored it.

[Nicky Boy]

Not your fault at all Niknak.

 

These vampires have been playing the game a long time and rely on their prey's lack of knowledge.

 

(They hate forums like this one).

Edited November 4, 2022 by Nicky Boy

[FTMDave]

The SAR is to UKPC.

 

The CPR is to DCBL.  It's here  https://www.consumeractiongroup.co.uk/topic/409718-cpr-3114-request-to-use-on-receipt-of-a-ppc-private-land-parking-court-claim/  This one absolutely has to go off today as it's vital they get it before the court allocates the claim.

 

[Niknak76]

That all done FTMDave.

both the cpr and Sar are on their way to the post office.

 

What about the D180? Assume hold off that?

[FTMDave]

Well done.

 

I was confused by the N180.

 

Looking at your attachment I think that first DCBL sent you a knocked-up N180 to try to intimidate you into paying - then on 27 October the court sent you a real N180 to file by 14 November.  Is that right?

[Niknak76]

The Court sent me a blank N180 to complete and return which I have not done yet. I have until the 14th Nov. 

[FTMDave]

What to do is on most claim form threads, such as post 121 here  https://www.consumeractiongroup.co.uk/topic/443164-ncpbw-pcn-paploc-now-claimform-new-gatwick-drop-off-zone-i-thought-i-had-paid-for-both-visits/page/5/#comments

 

[Niknak76]

I am so grateful for your time, I’ll be back in touch as and when I get responses to the CPR and SAR.

 

i will issue my completed N180 next week.

 

 

[dx100uk]

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (read all the posts in N180 link above for the reason)

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx

[Niknak76]

Hi Guys, 

 

I have received a SAR response from UKPC, with photographs etc. 

 

No response from DCB regarding my CPR yet.

 

I submitted N180 forms last week. 

[dx100uk]

scan up the sar to one mass redacted pdf 

 

dx

 

[Niknak76]

Hi Guys,

 

Please see attached.

 

Our car is actually parked on Vanguard Way which I believe to be a public road. The block of flats is on Marlborough Road with the private residents car park to rear of flats which I believe the UKPC signs were intended for . The car was not parked in the  car park. 
 

Another note UKPC no longer operate this car park, another company have signs up now but the ones facing the road where our car was parked are no longer there. The current parking signs are now only located in the actual car park.

 

windscreen PCN+PHotos+NTK.pdf

[Nicky Boy]

Why do you say it was parked on Vanguard Way, when one picture clearly shows a sign in the background which says Marlborough Road?

[Niknak76]

It’s confusing. The Marlborough Road sign is on the side of the block of flats. The side road that car is parked is Vanguard Way.

 

 

 

my map.pdf

[dx100uk]

thats a private housing estate called marlborough-road-estate-braintree-essex-cm7-9uz  - it's not part of the public highway.

[Nicky Boy]

Their photographic evidence is still pretty convincing that the vehicle was actually parked on Marlborough Road.