UKPC/DCB(Legal) 11+PCNs for privately owned van used for my Ltd Co. - PAPLOC for 5, gained Default Judgement!! - Parkhorse Shopping Centre, Church St, Hudds, HD1 2RT **SET ASIDE+CLAIM DISMISSED**

[Nicky Boy]

The fleecers are trying to deny costs because they didn't know about the letter from the site owner.

 

At the bottom of post 477 (when the fleecers refused to agree a set aside).

Mrk immediately replied with the information that he had the said letter.

 

Wasn't that their opportunity to mitigate costs?

[honeybee13]

I've hidden the pdf that you posted about five hours ago. You left your name on it and the case number.

 

HB

[mrk1]

@Nicky Boy I am not the legal expert here but to my own understanding: 

 

regardlss of the timeframe, the evidence eventually come through that I was permitted to load and unload at said premises? So therefore despite the timeframe to get said evidence I was always permitted.

 

As it happens it was difficult to get hold of the area managers, as well, they were managing multiple multi-million pound shopping centres, but eventually it was this golden nectar letter from management which proved to be more poweful than the unicorn food tax that those animals have been feeding on.

 

I would hope and think that any judge would see this. I don't think I have anything to worry about, as the letter from mangement in question is my golden ticket back to reality.

 

I am having a beer now, cheers team dcbl/ukpc x

Edited May 5, 2023 by mrk1

[brassnecked]

Well done but if you had focused on the issues it might have been sorted sooner, however given the difficulty of obtaining proof of permission to load and unload, you still had Homeguard V Jopson but on  its own was not sufficient for the fleecer's or DCBL, had you had the Claimform, Jopson still likely would have scuttled them.  However they have had a bigger shock to their greed system this way, as they were salivating over all the fees etc. UKPC have been in trouble before for dodgy claims though.

 

Make sure you turn up for that hearing.

[dx100uk]

pdf sorted

 

[lookinforinfo]

The reason I asked  if you had a letter from the depot confirming your use of the yard was once you had it, your case was so much stronger.

 

I am so pleased they they finally saw sense and gave in. It must be a great relief not to be liable for such an amount of money. you have put a lot of effort into chasing down UKPC and so you deserved to win . Well done. 

On to the next one.........................

[mrk1]

11 hours ago, Nicky Boy said:

The fleecers are trying to deny costs because they didn't know about the letter from the site owner.

 

At the bottom of post 477 (when the fleecers refused to agree a set aside).

Mrk immediately replied with the information that he had the said letter.

 

Wasn't that their opportunity to mitigate costs?

I’ll certainly be asking for my £275 back at the minimum. Is there any technical term or procedure / form I should use to request this or just ask the judge on the day of hearing? 

[Nicky Boy]

As I understand it, the fleecers have effectively thrown in the towel and the main argument is now to try and recover the £275 set aside costs that they obviously don't want to pay.

 

Their argument is that they didn't know about the Golden letter prior to seeing submissions.

As already mentioned mrk apparently told them about the letter (post 477), during set aside negotiations, (which they refused), prior to paying the court fee.

 

So can evidence of this be presented to the judge in some way at the hearing?

 

Sorry, cross posted with mrk.

Edited May 6, 2023 by Nicky Boy

[mrk1]

They are the literal definition of a weasel. I’ll have to dig deep into my email outgoings and any letters I typed up to them. I’ll have them on email and google docs respectively. 
I guess that what I need to focus on now, evidence of me trying to protect myself lol

[Nicky Boy]

Anything you've ever sent them, telling them that you had permission to load/unload may be useful.

[mrk1]

Yep.

I’m going to go through the thread again and take note of my actions (as id have documented them here) and check my email outgoings on those dates as well as check my google docs as that's where I write up my masterful monologues to sols and PPCs.

 

I’ll easily get my £275 back and if I get the right judge some damages

 

also    What makes me laugh is in the letter from dcbl where they state their error they write it in a way that makes them sound like they are God’s gift and they are doing me a favour. Nope, not on my watch! 

[Nicky Boy]

Might I suggest that you restrict your monologues to Google docs rather than the thread...

You do tend to be rather...erm... "wordy".

[FTMDave]

Note written on calendar to come back on this thread on 10 May in preparation for key arguments for the day after.

[mrk1]

On it. 

[mrk1]

Wow.

Just chcked my credit file, they have placed that CCJ to value of £2800 on my file.

Court date 11th April.

Satisfied: N/A.

 

What do I do here now?!

It has ben proven I had every right to be there!

This needs to come off asap!?

[dx100uk]

the hearing is not till the 11th is it?

it will be removed as you are guaranteed a set aside win already.

 

dx

 

[mrk1]

Thanks. I’ll certainly be bringing it up and asking about it. 
I’ll report back here tomorrow in prep for the case. 

[FTMDave]

In usual times you would have to argue strongly at the hearing that -

 

1.  you never received the court papers, and

2.  you had every right to load & unload and therefore could fight the fleecers' claim in a full court hearing.

 

However, the charlatans have soiled their underpants and run away, so you'll get the set aside.  In any case, be prepared for the judge to ask you to confirm these two essential points.

 

The new battle will be over costs.  As soon as practicable, tell the judge you would like to mention the matter of costs.  Say the claim was vexatious (yes, memorise that word!) and that the claimant knew full well you were a business owner and had the right to be there, and you would like to be awarded the £275 costs.  Have ready anything that can prove this.  Proof of your original calls to them?  The replies to the LoCs?  Your cease & desist letter?  I can't remember what was written in these but have a look and see if anything was written about you stating you had the right to be there.

 

 

[mrk1]

Thanks.

I’ve got my written statement printed out and all supporting evidence. 

Id like to think regardless of when I presented the letter from managers confirming my tenure the fact remained, I was always a tenant with right to load and unload. Surely like someone convicted of murder and 2 months down the light obvious evidence proves he is not a murderer. 

I’d also like some damages.

Should I be asking for this?

They have wasted 5 months of my life and caused me a lot of grief and which has had effects on my mental well-being. 

 

If I call or email DCBL and request ALL documents they have received from me whether via email or by post, are they obligated to do so?

 

I have quote a lot already but I want to see what they have on me and get ay I don't have.

 

The library will have a recorded outgoing of all my prints I have printed off (inc those in January where I stated I was a tenant with rights to load / unload).

 

I am going to get them today.

I have combed my email for all outgoings.

Oh tomorrow should be wonderful.

[dx100uk]

in all honesty you probably wont even need to speak at all.

its all in the claimant directions.

 

its a done deal

the claimant is agreeing by consent to the set aside

they are then agreeing to discontinue any furtherance on the claim.

 

in/out <15mins i bet.

 

dx

 

 

 

 

 

[mrk1]

Cool. Will let you know how it goes. 
Nothing to prepare for here. 
I want my £275 back and £2800 in damages. 
Ok the last amount may be a slight overstretch but if I get the nice judge you never know.

[dx100uk]

urm..you need to READ their directions...about costs

 

courts are not hurt feelings police.

[mrk1]

Yes. Well even the £275 is better than nothing. 

[FTMDave]

Yes, go for the £275 and back it up as already explained with anything you have that told them you had every right to place your vehicle where you did.

[mrk1]

Well the witness statement letter form main shopping centre managers pretty much prove that. But all good. Will report back. Will be a doddle I’m sure.