UKPC/DCBL claimform - Forbury Retail Park Phase 2, Kenavon Drive, Reading, RG1 3HS ***Claim Discontinued***

[mhf]

Hi.

I have received a County Court Claim from DCB Legal (on behalf of UK Parking Control) for an alleged overstay.

 

Backstory:

Me and my Wife went sofa shopping some time back.

 

The shopping complex we parked at has quite a few furniture shops, and we spent time browsing each, whittling down options etc. We finally settled on something from DFS and spent some time going through the purchasing process. As a result we were parked for more than the 3 hours permitted.

 

I was told at the time by the chap in DFS not to worry, if I received a penalty notice to contact him and he would quash it.

 

For whatever reason I never received any correspondence or notifications from UK Parking Control through the post and there was nothing attached to my windscreen when we left on the day of the alleged incident, so I just assumed everything was ok and forgot about it.

 

The first letter I received was some time later from a company called Debt Recovery Plus demanding payment. I spoke to them twice to explain the situation, and of course they were not interested in that, only in getting payment. I have since had a steady stream of ever more threatening letters and now have finally got the CCC.

 

Although I did not ever receive a letter from UK Parking Control, this is my word against theirs,

 

I am now in a position where I need to defend a claim where I have seemingly played the ignore it card, which is not the case.

 

Of course, I wouldn't have knowingly done this because I could have got DFS to make it go away very quickly and ignorance is no longer recommended!

 

When I received the first letter from Debt Recovery Plus I did contact DFS but by this point they were uninterested and unwilling to help.

 

Any advice on this would be greatly appreciated.

 

Thanks.

[dx100uk]

please complete this:

 

 

dx

 

[mhf]

Which Court have you received the claim from ? County Court Business Centre, Northampton

 

Name of the Claimant : UK Parking Control Ltd

 

Claimants Solicitors: DCB Legal Ltd

 

Date of issue – 29/12/22

 

Date for AOS - 16/01/23

 

Date to submit Defence - 30/01/23

 

What is the claim for – 

 

1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXXXXX at Forbury Retail Park Phase 2, kenavon Drive,reading,rg1 3hs

 

2. The PCN details are 31/12/2021 ,[PCN Number]

 

3. The PCN(s) was issued 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 of 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.

3. Costs and court fees. 

 

What is the value of the claim?

 

Amount Claimed £183.16

court fees  £35.00

legal rep fees £50.00

Total Amount £268.16

CCC_P1.pdf

[Homer67]

No doubt UK PC thought they were going to get an easy peasy back door CCJ as you didn't respond to anything from them - this is why it is essential to respond to the Letter Before Action with a suitable snotty letter.

[mhf]

As I never received a Penalty Notice or NTK from UKPC I assumed I was ok and then (very) naively tried to explain the situation to Debt Recovery Plus when they sent me a letter.

 

I was told that they were not interested in any challenges, only payment and to wait for a CCC to challenge it. More fool me I would say, for trying to explain to them!

[Homer67]

You must have received a Letter Before Action before they sent the claim form

[dx100uk]

it is NOT a penalty notice

it's a speculative invoice.

 

pop up on the MCOL website detailed on the claimform

.

register as an individual on the Gov't Gateway Site
Go to HMRC's login page.

Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...

You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 

then log in to the MCOL Website

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

………….
 

 

 

[mhf]

Is this just standard wording 'The driver agreed to pay within 28 days but did not' ?

Its not true as I never received any comms from UK PC.

[FTMDave]

As it's a retail park with several shops I doubt DFS had the power to get it cancelled.  That doesn't excuse them lying to you and pretending otherwise though, presumably to finish off a sale.

 

Is there any reason the fleecers' letters could have gone missing?  Did you move and not update the vehicle log book?

 

Plus, as says Homer, did they send you a Letter of Claim/Letter before Action?

 

Yes, the "agreed to pay" rubbish is just standard wording.

[Andyorch]

5 minutes ago, mhf said:

Is this just standard wording 'The driver agreed to pay within 28 days but did not' ?

Its not true as I never received any comms from UK PC.

 

Makes it sound more convincing to a Judge that you are in agreement or entered an agreement.

[mhf]

 

7 minutes ago, FTMDave said:

Is there any reason the fleecers' letters could have gone missing?

 

I dont know why their letters could have gone missing, although in the past I have had some other post not turn up. I didn't change my address of anything like that though.

It could be they never sent it, but that would be impossible to prove.

 

12 minutes ago, FTMDave said:

Plus, as says Homer, did they send you a Letter of Claim/Letter before Action?

 

I did have one yes. I'm assuming that not responding to this was bad? In hindsight I realise I should have started my investigations at this point. 

[dx100uk]

when was the last time you moved?

could your cars v5c been registered elsewhere at that time?

[mhf]

No, we have been at that address for about 14 years, same address when I bought the car so no need to update the v5c or anything like that.

[FTMDave]

21 hours ago, mhf said:

I did have one yes. I'm assuming that not responding to this was bad? In hindsight I realise I should have started my investigations at this point. 

Yes, you should.

 

The fleecers' mentality is: No reply to a Letter of Claim = Probably no reply to a claim form = Easy default win.

 

Still, live & learn and all that.

 

The CPR request might produce the original PCN.  If it doesn't, you can SAR them around the time you file your defence.

[mhf]

Thank you all for taking the time to help and offer advise so far. 

AOS is complete and CPR31.14 is winging its way to them.

 

I guess next steps is to start looking at my defence?

 

One quick question - I sent a snotty email to a collections company after they sent me a letter demanding payment (annoyed because I had not received a NTD or NTK etc), in that I did admit to having parked in the car park, I assume this doesn't help me much?

[dx100uk]

you didn't send the snotty letter to a dca, you sent it to a solicitor, who's client was the parking company.

 

the defence you will be filing close too the 30th is already further down in same sticky that we sent you to fill out the court questionnaire bits

 

dx

 

[FTMDave]

Who exactly did you send the snotty letter to?

[lookinforinfo]

To help us with your defence could you please complete the following -

 

 

 

[mhf]

8 hours ago, FTMDave said:

Who exactly did you send the snotty letter to?

 

Hi. I have double checked the email I sent and it went to DCB Ltd, who are the solicitors for UKPC

[FTMDave]

Well it was a bad idea to out yourself as the driver to the solicitors representing the other side.

 

That said, they are not solicitors in the usual sense of them having a proper file on you where they sift through the evidence.  This is all low cost litigation where you are just a name on a long list and hopefully they will have forgotten.

 

Bad, unnecessary & easily avoidable move though.

[mhf]

For PCN's received through the post [ANPR camera capture]

(must be received within 14 days from the Incident)

 

Please answer the following questions.

 

1 Date of the infringement 31/12/2021

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] NTK was never received. First comms were from the legal team. Searched and searched and no NTK was ever received.
 

[scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s

 

3 Date received NTK was never received
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Unknown
 

5 Is there any photographic evidence of the event? None received
 

6 Have you appealed? [Y/N?] post up your appeal] First correspondence received was from Debt Recovery Plus and stated that it was already too late to appeal
 

Have you had a response? [Y/N?] post it up N/A
 

7 Who is the parking company? UK Parking Control Ltd

 

8. Where exactly [carpark name and town] Forbury Retail Park Phase 2, Reading
 

For either option, does it say which appeals body they operate under.

BPA
 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

Received numerous demands from Debt Recovery Plus, CST Law, Direct Collection Bailiffs Ltd, and a Pre-Action Protocol letter from DCB Legal

 

 

I understand this was incredibly naïve of me.

 

When I made contact I was under the (false) impression that DFS might assist as they said they would so didn't for a minute think it might come this far.

[lookinforinfo]

Don't beat yourself up about it. Many motorists do exactly the same thing believing that the crooks who run the car parks are honest upstanding companies who will accept your plea. if they do that however they lose the chance of making money out of you and they are in the business of ripping every motorist off as often as possible.

 

If you have a copy of your appeal to DCBL could you please post it and their reply. We advise not to appeal since it often reveals that the keeper as also the driver. Normally the PCNs fom UKPC are not compliant with the Act relating to private parking so they cannot transfer the liability from the driver to the keeper.

There appears to be a trend with UKPC that PCNs ae not being delivered to the obvious detriment to the motorist. Whether this is a fault of the post office delivery service or a deliberate polcy by UKPC is hard to say .

You should expect a response to your CPR within a month. Could you please post the PCNs, the contract and anything else they sne tto assist you in fighting their claim.

I have to adnit that the delays you have suffered have not helped your position. And if you actually bought furniture from DFS you should put their offer of help to the test.

[FTMDave]

6 hours ago, lookinforinfo said:

And if you actually bought furniture from DFS you should put their offer of help to the test.

The important thing is to file your defence at thr end of the month.  In fact I would do so on the 27th just to be sure.

 

However, I was also thinking the same thing as LFI.  It was disgraceful behaviour by DFS to lie and pretend they would help you with the invoice and then not do so.  Presumably it was the retail park, not DFS, who called the fleecers in, so DFS knew all along they couldn't intervene.  I'd kick up a stink with the company CEO  https://www.ceoemail.com/s.php?id=ceo-9043

 

[mhf]

I sent the below after receiving a begging letter from dcbl Ltd:

 

Dear Sirs,

I have recently received your unfounded and unsolicited demand for payment, I have also received equally unfounded demands from an organisation called Debt Recovery Plus, in fact, however, the only company I have to this day not received any form of communication from is UK Parking Control Ltd who, I am led to believe, is the organisation who made the initial allegation?

Had UK Parking Control Ltd actually made any effort to contact me themselves I could have very easily explained that I was legitimately shopping that day, this whole issue would have then been resolved, which would no doubt have saved a number of people a lot of wasted time, myself included.

That day my Wife and I were shopping for a new sofa and as you may, or may not, be aware that shopping arcade offers a great number of furniture outlets. I am sure you can imagine, visiting each one in turn can take some time in itself, our trip was further extended when we actually found a sofa we liked and spent some time talking through the finer details with the sales representative before making a purchase.

Whilst in the shop, I was told, quite categorically, by the sales representative in DFS that remaining in the car park will not be an issue as we are a customer and we are making a purchase. If required, I am, of course, happy to send proof of the purchase we made to show that we were parked legitimately that day; and on doing so I am sure this will satisfy this matter and any further speculative invoices demanding payment will be ceased.

Yours Faithfully,

 

I got no response to this. Instead I got another 'beg-o-gram' through the post, so then sent this:

 

Dear Sirs,

I have received yet another unfounded and unsolicited speculative demand for payment from yourselves, however, to date have received NO response to my previous email of 8th August 2022. It seems that you are equally as adept as UK Parking Control Ltd when it comes to effectively communicating, whom, to date, have not made any effort to make any contact with me, You also incorrectly state that I have not responded to your previous letter; on the contrary I have, I strongly recommend that you check your Email Inbox more frequently moving forward to prevent further embarrassment. 

In order to help you save your printer ink and paper, please understand that I will not be making any payment to you in regard to your speculative invoice, so please immediately cease and desist in continuing to send them. I consider your consistent, unrelenting demands for payment to be nothing more than harassment.

As I have previously stated I was parked legitimately, which I can evidence.

Yours Faithfully,

 

I then got this response, which as LFI stated previously clearly demonstrates that 'fairness', honesty or integrity are not within the remit of these crooks. At this point I realised that any further communication was futile and just waited for the inevitable, which has now arrived.

 

Dear ....

We write further to your recent correspondence.
We are instructed by our Client to recover the outstanding balance in relation to the Parking Charge Notice (PCN) issued to you.
Please note, the timeframe in which to appeal the PCN expired prior to our instruction. You were given the opportunity to lodge an appeal when the initial Notice was issued to you.
As the person named by our Client, you remain liable for the outstanding balance.
You can pay easily by using Scan to Pay, simply scan the QR code located on our letters with your phone and pay by card. You can also pay by card on the secure payment page on the website 24 hours a day www.dcbltd.com/pay-online/.

Alternatively, use our 24/7 Payment line: 01302 897022— Office number: 0203 434 0432 Office opening hours: Monday—Friday 8am—5pm.

Bank Transfer

Sort Code:                         20-24-09
Account Number:           60430781

Please quote your DCBL reference number as the payment reference.

Please note, should the balance remain unpaid, it would be the decision of our Client on how they choose to proceed.

Kind regards,

 

I have tried and tried with DFS, but unfortunately they are less than interested. They simply tell me that they are not the landowners and therefore cant do anything about it... I will have a look to see if I can find the CEO's details though and try that avenue.

 

From a defence perspective, any advice would be greatly appreciated - does this fall within the defence under the sticky given the circumstances around having not received a PCN?

Edited January 22, 2023 by mhf

[dx100uk]

can we have dates of those please?
these were before the court claim issuance?