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**

[mrk1]

This should have went to court. It’s clear Dcbl have pulled a fast one here. They knew they’d not stand a chance. They’ve not send any letter of claim or

claim Form out. We need to get to the bottom of this!

[dx100uk]

They dont have to send a letter of claim.. Forget it.

 

Dx

[mrk1]

I just don’t understand - where was my moment to interject

. Where was I to write out my statement and prove they have no right.

To prove I was not driving the vehicle.

To prove I had a tenancy in a shop there.

How has it got to this.

I need to be able to defend myself. 

[dx100uk]

you cant do any of that if they put an address on the claim to northants bulk that you dont reside at.

 

1 hour ago, mrk1 said:

It’s clear Dcbl have pulled a fast one here.

nothing to do with dcbl they are not the claimant the ppc are.

 

you not being the driver is no defence. 

you are the registered keeper if they met pofa2012 they can go after the keeper by default

and most certainly as you had no chance to defend

either by your own mistake or theirs (the PPC) it make no odds you were not the driver.

same as a debt being statute barred, who tells them? no-human is involves or looks at anything at northants bulk

 

so is the v5c on the old car that was driven at the time of the offences the same address the judgement was sent too?

 

 

2 hours ago, mrk1 said:

Yes but do they know my new reg? they can find it out

And if it’s worth under £1300 or so they can’t take it? - doesnt stop them but chantels should meet the debt 

 

Or if it’s under a limited company? if that the name on the judgement

 

They can’t take it? dunno answer the questions

 

if the name of you the defendant is the same as the on the cars v5c yes its at risk regardless of its value, but rarely will they take something that does not meet the full debt/

 

dx

 

^^^ updated

[lookinforinfo]

On 29th January post 195 you posted a letter from DCBL

"

Within 30 days of the date of this letter you should either make payent using one of the methods or complete the reply form and financial statement. Failure to do so is LIKELY to result ina. claim being issued without notice."

 

Did you reply to that letter? If not that is why they went to Court without apparently telling you that   they were going to Court.

 

 

 

[mrk1]

I would have replied yes. 
But surely I need to be able to defend myself somehow. Show my side of the story. 
a chap here (who is well respected) has told me here that they need to prove it was me which they can’t.  But where do they do this proving? It just seems here that they think they are above the law and in fact there is no law here. 
 

[Nicky Boy]

We won't find out what's going on until you call the court today and ask the questions mentioned earlier...

One step at a time. 

[brassnecked]

Calling the Court is first order of business, if the Claimform went to wrong address there are possibilities that spring from that. Especially if DCBL knew the correct address.

[mrk1]

Is there a way that still, dcbl Could have lied or played foul. I mean, if the court say it was sent to my address, but I know it was t or never received it then who’s word is it? 

[honeybee13]

Stay focused, mrk1. The court will tell you which address was used.

 

If it was sent by them, are you going to trust them?

 

HB

[mrk1]

0300 123 1056 This the main number yah?

[honeybee13]

I might try the number on the judgment correspondence first. It might be less busy.

 

HB

[mrk1]

Hi. I have called them. Got through within 5 mins.

 

She telling me claimform was posted 16th March to my address. I never received anything, honest to god.

 

She has told me about a N244 form. I can use this to try set aside. Is it worth this.

 

When am I allowed to defend myself or has that right also ben stripped away in this hell hole of a country?

 

She told me it costs £244. I am not working. So can get this for free? Also said processing take up to 3 weeks, and in that time nothing can be done.

 

She has emailed me particulars of claim and N244 form.

Edited April 18, 2023 by mrk1

[FTMDave]

Well done on getting the info from the court.

 

It's very bad news the claim form went to the correct address.

 

This is not like your other cases.  You will have high court bailiffs round in a couple of days if you don't take immediate action.

 

I'm in a rush due to work now.

 

However, you can download form N244 here

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1087082/N244.pdf

 

You may well be able to apply for free.  Read the following

 

https://www.gov.uk/get-help-with-court-fees

 

https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

 

[mrk1]

even if I send n244 off today. The woman told me processing is usually up to 3 weeks. So nothing can be stopped till then if it’s successful? 

[FTMDave]

One thing at a time.  See if a free application is possible.  I'll have a break from work in a couple of hours and will scribble more.

[FTMDave]

E-mail this to DCBL and copy to UKPC now.  It's unlikely they will play ball but it's worth a try.

 

Write in the subject line: Urgent - set aside application - claim form no.XXXXX - PCN no.XXXXX (and 10 others).

 

(No need to list all the PCNs, one will do)

 

Dear DCBL,

 

I refer to the above judgement by default against me.

 

Your client's claim is completely vexatious.  I informed your client at the time that I ran a business in the complex concerned and had every right to load and unload.  This has been repeated both to you and your client on numerous occasions since.

 

I will apply to set aside judgment in 24 hours' time.  In the various stages of the court process I intend to claim maximum costs against your clients due to the vexatious nature of the claim.

 

May I suggest that, to keep mutual costs to a minimum, that you consent to set aside.

 

I look forward to hearing from you as soon as possible.

 

Yours,

 

XXXXX

[mrk1]

Thanks, do we have emails on here? Or just call them and get emails?

I have not sent off n244 yet, will wait here till I get advice.

Do we have emails or shall I call bth companies for?

[FTMDave]

I'm writing another post now re N244.  Get the e-mail addresses from the fleecers' sites or previous letters.

[mrk1]

I have :

sales@ukparkingcontrol.com

and

info@dcblegal.co.uk

 

Though ukpc says any PCN queries won't be responded to.

I will send now anyway..

 

[FTMDave]

It's important you understand the stages of the court procedure, if you don't already.

 

The judge at set aside won't give a damn who is ultimately in the right between you and the fleecers.  That's not their job.  The judge will be interested in whether you just couldn't be bothered to read the claim form or if you genuinely didn't get it.  The hearing will take around 15 minutes.  The judge will be used to lazy people who don't read documentation and so lose by default, and the fact the claim form arrived at the correct address will seemingly put you in that category.  So you need to convince the judge of the contrary.

 

You need to produce a Witness Statement.  Just one sheet of A4.  Split it into two sub-headings.  CLAIM FORM and PROPOSED DEFENCE

 

1.  CLAIM FORM

You never received it.  You have promptly replied to all previous communications from the Claimant and their solicitors.  You have even pointed out that their Letters of Claim contained the incorrect number of invoices.  As the matter in dispute dates from 2018(?) you have also been pro-active in obtaining information via Subject Access Requests.  Had you received the form you would have promptly dealt with it.  Include all the previous comunciations as exhibits (you only need to include each PCN once).  I hope you have all the original correspondence and not versions with information crossed out with felt pen.

 

2.  PROPOSED DEFENCE

I'm at work now and can't look through 12 pages.  Include the points we've been mentioning that back up your case.  Including.  You ran a business at the complex and you and your staff had every right to load and unload.  The owners of the business at the time support you.  Loading is not parking (quote the case always mentioned on CAG).  You were not the driver on any of the occasions (LFI's POFA stuff).

 

I finish work at 10pm UK time and can come on the forum to fine tune what you are able to knock up today.

[mrk1]

Thanks on the above.

Email now sent to both.

I will put something together before 10pm.

Thank you very much.

[FTMDave]

2 hours ago, mrk1 said:

She has emailed me particulars of claim

Please upload it.

[dx100uk]

dont worry about bailiffs

there is no right of forced entry on civil consumer CCJ's so to all intent and purpose there's nothing they can do if you simply ignore them.

and anyway they must await at least 14 days and they've got to apply for the warrant too to use their high court enforcement buddies DCBL.

 

plenty of time to get that N244 in which will stop everything till the short hearing.

 

now this address, you say its your address, the same address as every reply you've sent back to date to them, and the same address thats always been used on all their and the PPC letters to date? yes?

 

and can i just clarify one point, this was in your personal name, not a business name, and there has been nothing mentioned at all that the ppc/dcb(l) regard you as a business?

[mrk1]

PARTICULARS OF CLAIM: (SOME REDACTION)

 

Claim No: ----

 

Claimant: UK PARKING CONTROL LIMITED

 

Claimant solicitor: DCB LEGAL LTD (7451)

Telephone: 0203 434 0433

Reference: -----

 

Judgment amount: 2726.59

 

Particulars of claim:

1. the defendant(d) is indebted to the  claimant(c)  for a parking charge(s) issued to vehicle xxxxx at packhorse shopping centre,cross church street,huddersfield,hd1  2rt.

 

2. the pcn(s) were issued on 31/05/2018, 07/06/2018, 09/06/2018, 14/06/2018, 15/06/2018, 20/06/2018, 02/07/2018, 04/07/2018, 05/07/2018, 12/07/2018, 05/12/2018.

 

3.the pcn(s) was  issued on private land owned or managed by c. the vehicle was parked in breach of the terms and c's 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. £1760 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 rateof £0.22 until judgment or sooner payment.

3.costs and court fees    

            

----

 

Yes same address.

 

As you know it started with that small Mcdonalds parking issue which was in Marsden, West Yorkshire, I wrote to them and had to give a return address, and for some reason they emailed back with said 11 pcn / invoices. Since then all correspondence has been to and from that address.

 

This was in my personal name yes, although the 11 pcn happened at my business premises, the vehicle was not in business name. Was in my name. Nothing has been mentioned about my business, despite me telling them I had every right to load / unload there.

 

The fact it has got to this really tells you where this country is at! How are these cowboys thinking they can pull this off. Laughable 

 

And they can't seize my car? If they even know what car I have, It's nothing fancy, but it's my car and i need it.

 

I read about "the 11 words' to use with bailiff, something like "“Please cease and desist all calls and contact with me, immediately.” - Is this true or just folklore?

 

And they can never attempt to walk into my home even if the door us unlocked?