UKPC/DCBLegal windscreen PCN Claimform - ignored everything - not parked within lines - Crown Point Shopping Park, junction Street, leeds, ls10 1et

[royalblue1878]

Hi, Maybe too late...

 

My daughter has just received a claim form from the county court centre in Northampton about a PCN from back in Feb 2019. All correspondence had been unfortunately ignored up to this point.

 

The claim form is dated 20/02/23

 

It was at Crown point shopping centre in Leeds, a free car park where she parked over the line in one of the mother and child bays.

 

The company claiming is UKPC and DCBL are handling the claim.

 

Is there anything we can do at this stage?

I notice the PCN is still payable at the rate without interest and charges on the UKPC website.

We haven't found the original PCN yet.

If anyone can point me to the right place or give a little advice that would be great.

Claim form attached.

 

Many Thanks.

 

[royalblue1878]

Which Court have you received the claim from ?

 

MCOL Northampton N1 

 

Name of the Claimant : UK Parking Control Limited

 

Claimants Solicitors:  DCB Legal

 

Date of issue – 20th Feb 2023

 

Date for AOS - 10th March 2023 

 

Date to submit Defence - 24th March 2023

 

 

What is the claim for –

 

1. The Defendant (D) is indebted to the claimant (c) for a parking charge(s)

issued to the vehicle xxxxxxx at crown point shopping park, junction street, leeds, ls10 1et

 

2. The PCN details are xxxxxxxxx

 

3. The PCN 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 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 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 fees.

 

What is the value of the claim?

 

Amount Claimed  - £217.00

court fees  - £35.00

legal rep fees - £50.00

Total Amount  - £302.00

 

Brassnecked - 

 

We have several letters - Titled as follows... Notice of debt recovery, Final notice of debt recovery, Final reminder, Notice of intended legal action x2, Letter of claim.

 

Still looking for any others.

Claimform.pdf

[royalblue1878]

Unfortunately after searching we do not have the original PCN or NTK so a SAR request will be sent.

 

Nicky Boy -  She was parked over the line in a Parent and Child space. We have the picture taken at the time by the parking company. There is a car to her left and right, one of which was also over the line taking up part of the space she parked in. I can upload this as a pdf along with the letters requested by dx100uk. 

 

 

[royalblue1878]

Here is the PDF with all the letters we have. It also includes the image of the car in the car park.

 

SAR to UKPC and CPR to DCBL will be sent today.

 

 

Combined pdf-compressed_1.pdf

[royalblue1878]

No luck with the Letter to Keeper unfortunately.  That will come with SAR? 

 

What is the relevance of the 'vanishing windscreen ticket'? 

[royalblue1878]

I just checked apparently there was a ticket on the screen. 

[royalblue1878]

it's not easy to see in the image but there is a mark on the screen on the drivers side about head height? 

[royalblue1878]

ah sorry, it's missing along with the other paperwork. 

 

brassnecked - She remembers there was a ticket. 

Edited February 27, 2023 by royalblue1878

[royalblue1878]

So does a windscreen PCN change things for the worse? I guess that's why we couldn't find the PCN 'letter' . Would there have still been a letter to keeper sent? 

[royalblue1878]

Thanks FTMDave. I'm not sure she threw it away but it's certainly missing after a redecoration and furniture move around! Will be certainly keeping an eye out for it on the meantime! 

[royalblue1878]

The date for filling in the defence is coming up in a few days.

 

I have nothing from the SAR or CPR yet which were sent on the 28th Feb.

 

Is there anything I can be doing now to prepare for the defence filing? 

 

Many thanks.

Edited March 20, 2023 by royalblue1878

[royalblue1878]

An email arrived yesterday from DCBL...

 

The email address they used would have come from the defence submitted a couple of days ago.

 

Without Prejudice.

'Our client is prepared to make an offer to potentially conclude this matter. Please call us within 7 days.'

 

 

Edited March 24, 2023 by royalblue1878

[royalblue1878]

OK nothing form UKPC regarding the SAR. I will put in a complaint with the ICO and send an LOC to UKPC.

 

I  Have the LOC ready to go, just not been able to get out due to health reasons but will put that in the post on Monday followed by a complaint to the ICO.

 

I have used the same format for the LOC as Moaning Crusader with dated changes etc.

 

Letter Before Claim

 

To whom it may concern,

On Tuesday 28th February I sent you a subject access request for a statutory disclosure of my personal data under the Data Protection Act.

You have failed to comply.

You have now breached your statutory duty. It has caused me a great deal of distress not having my data in order to understand the problems you have caused by the failure of your systems and your charging process, together with the necessity to chase after you to get this disclosure.

You have 14 days to respond, after which I shall begin a County Court claim against you.

 

Yours faithfully

 

If there are any changes you advise I will have it ready to go on Monday.

 

Many thanks.

 

One more thing... Should a LOC be signed?

Edited March 31, 2023 by royalblue1878

[royalblue1878]

Yesterday we received a pack form DCBL which contained:

 

A covering letter stating: In relation to the above matter please find enclosed all evidence we currently hold on file.

 

A copy of the original windscreen ticket. dated 25/02/2019

 

2 copies of letters:

Re: NTK - 27/03/2019

Notification letter (making keeper liable|) - 24/04/2019

(The dates between to the two letters is 29 days.)

 

Copies of images taken of the car x6 (including a picture of the passenger seats?)

 

4 print outs of the contents of various signs used in the car park

33 actual images (poor quality) of the parking signs around the car park

 

This has not come from UKPC so I guess is not considered the contents of the SAR request?

Contracts requested between UKPC and the land owners and planning permission for signs also not sent.

 

Should any actions I take  change now?

 

Thank you.

[royalblue1878]

Here is the latest PDF containing the NTK and original windscreen ticket. 

030423 merged pdf_compressed.pdf

Edited April 2, 2023 by royalblue1878

[royalblue1878]

Yes, just posted the LOC. 

[royalblue1878]

Just a thought...

The letter I sent today was titled Letter Before Claim is that the same as a Letter of Claim?

[royalblue1878]

A reply to the LOC arrived today. (within the 14 days given to them before making a claim against them)

 

I have only seen the covering letter but it states that they have no record of the original SAR being received. It was sent to the exact same address with proof of postage.

With the letter they have also sent the information covered by the SAR which I haven't seen yet.

 

I will post full details tomorrow sometime when I get it.

[royalblue1878]

This upload is the cover letter from UKPC regarding the SAR.

 

All other documents including the NTK and the Windscreen ticket are in the upload in post #47

 

The SAR letter contained the NTK, Notification letter, images taken by attendant and the Windscreen ticket (all previously sent by DCBL

 

They mysteriously didn't receive the original SAR even though it was sent in exactly the same way and to the same address as the LOC.

 

They beat the 14 days given to them by 3 days.

SAR Cover letter .pdf

[royalblue1878]

Is there any way forward with this one now or should we just cut our losses?

 

TIA.

[royalblue1878]

Thanks FTMDave That's good to hear.

[royalblue1878]

After submitting the defence to mcol is there a usual amount of time before we would hear back about a court date? Weeks, months or who knows?

 

Just had a call from DCBL, didn't speak to them just wondered why they might be calling. 

 

Thanks. 

[royalblue1878]

Yes, we got acknowledgement of defence back in March. 

[royalblue1878]

It says that the claimant has 28 days to reply otherwise the case is stayed.

 

Would the court inform us of the stay or the reply from the claimant if there was one? 

[royalblue1878]

The mcol history filing date was 22nd march.