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#Post#: 44766--------------------------------------------------
DCB Legal have issued a Claim form
DIR By: RetroRick
Date: November 9, 2024, 11:24 am
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After I was issued a private parking notice by DCB Legal back in
June 2024 for "using car park out of hours" whilst at a
McDonalds drive through, they have now upped their stance to a
claim letter from UK Parking Control Limited of Direct House,
Runcorn, WA7 1UG.
I must note that during the trip to the drive through, the car
head lamps stayed on as did the car engine and no one never left
the car. The images on the claim letter I received also clearly
show my car with head lamps turned on in the drive through lane.
I did a month or two ago, talk on the phone with DCBL and said
that the car wasn't parked, but was only using a drive through.
Do they have me by the long, short, and curly's now because of
my admittance to driving the car?
My stance is that clearly, I was not parked and did not use the
car park for any parking whatsoever during my visit to the drive
through.
The claim letter includes court and legal representatives fee's
so is it getting serious or still a cheeky ruse to obtain money
from me using scare tactics?
Please may you kindly advise the best course of action going
forward?
Many Thanks,
Retro Rick
#Post#: 44771--------------------------------------------------
Re: DCB Legal have issued a Claim form
DIR By: mickR
Date: November 9, 2024, 11:31 am
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READ THIS FIRST - **BEFORE POSTING YOUR CASE!**,
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
#Post#: 44856--------------------------------------------------
Re: DCB Legal have issued a Claim form
DIR By: b789
Date: November 10, 2024, 2:51 am
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You were not issued a PCN by DCB Legal. You were issued the PCN
as a postal Notice to Keeper (NtK) by UKPC. Show it to us,
suitably redacted of personal information, PCN number and VRM.
However leave all dates and times showing.
UKPC NtKs tend to be PoFA compliant so having blabbed the
identity of the driver does not really affect much and the
Keeper can still be liable. However, the cardinal sin you
breached was making any form of contact with DCBL (not DCB
Legal) who are powerless debt collectors and should be ignored.
DCB Legal are a firm of bulk litigators who are acting on behalf
of UKPC to sue you in the county court for the alleged debt.
Very easily defended and will, with more than 99% certainty,
eventually be discontinued early next year.
What you have received is an N1SDT claim form from the CNBC.
Again, show us that form, only redacting your personal details,
the claim number, your VRM and the MCOL password. Make sure ALL
dates remain visible. We don’t need to see any of the other
forms that came with the claim and you can dispose of those as
you will not be needing them.
Once we have seen the claim form, we can advise on deadlines for
submitting the Acknowledgement of Service (AoS) and the defence.
Do not do anything until you have shown us.
A couple of questions and points… was the McDs open at the time?
Did you make a purchase? How long was the vehicle on the
premises? It matters not whether the engine remained on, the
lights remained on or whether anyone remained in the vehicle.
The Keeper is being sued because the driver breached a term of
contract on the signage at the location.
#Post#: 45614--------------------------------------------------
Re: DCB Legal have issued a Claim form
DIR By: RetroRick
Date: November 14, 2024, 10:27 am
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Hi there,
Thanks so much for replying.
I have attached the claim letter whilst covering my personal
details, claim number and password.
in answer to your questions;
The McD's was open and the 24-hour open drive through was used.
Food was purchased from the drive through.
I believe that the vehicle was on site for no longer than 10
minutes or so or less.
Sadly, I did not see any apparent signage relating to terms of
car park use having used the car park so often over the years,
it never happened before. these parking fines must have been
introduced in recent times.
Many Thanks,
Retro-Rick
[attachment deleted by admin]
#Post#: 45617--------------------------------------------------
Re: DCB Legal have issued a Claim form
DIR By: b789
Date: November 14, 2024, 10:46 am
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OK, that is the claim form. Do you still have the original
Notice to Keeper (NtK) that was sent?
Just to clarify, you drove into McDonalds drive through and
ordered food. The McDs is open 24 hours. You then left the
location and you received the PCN for "using car park out of
hours"?
Did you try to complain to McDs at the time? The NtK will tell
you how long you were on site.
With an issue date of 7th November, you have until Tuesday 26th
November to submit your Acknowledgement of Service (AoS). Follow
the instructions in this PDF to submit your AoS and then we can
provide the defence template and associated draft order that
goes with it.
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
Once the AoS is submitted, you then have until 4pm on Tuesday
10th December to submit your defence.
#Post#: 46868--------------------------------------------------
Re: DCB Legal have issued a Claim form
DIR By: RetroRick
Date: November 24, 2024, 3:22 pm
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Hi again,
Apologies for delay in response.
Currently in a bit of life turmoil with jobs, work etc but
hanging in there. Thank you so much for your responses.
I found a letter issued by the UKPC on 09/06/2024.
Some mail including the original parking charge found its way to
an old address before I got to change my address on my
registration for license so, I missed a few letters including
the first notice.
The UKPC states I was on site from 22:31:29pm to 22:41:35pm (10
minutes and 6 seconds).
Luckily I acquired this letter through the post from my old
estate agents who forwarded me my mail from my previous address
after I emailed them.
Back then I was only being asked for £60.00 but alas, I never
knew this letter existed.
So, to be 100% sure, I follow your link in previous message and
it takes me to a drop box file that offers me a step by step
solution on how to apply to the AoS? Is this correct?
Thanks again for your assistance.
BW
Retro Rick
#Post#: 47011--------------------------------------------------
Re: DCB Legal have issued a Claim form
DIR By: RetroRick
Date: November 25, 2024, 3:10 pm
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Hi again,
I have filed my AoS now. All done ;D
#Post#: 47101--------------------------------------------------
Re: DCB Legal have issued a Claim form
DIR By: b789
Date: November 26, 2024, 9:21 am
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Good. Now complete the defence. You only have to edit your name,
the claim number and then sign by typing your full name for the
signature and date it. There is nothing to edit in the Draft
Order.
When you've done that, save the documents as PDF files and
attach them to an email addressed to
claimresponses.cnbc@justice.gov.uk and CC in yourself. Make sure
that the claim number is in the subject field of the email and
in the body just put: "Please find attached the defence and
draft order in the matter of UK Parking Control Ltd v [your full
name] Claim No.: [claim number]".
--- Quote ---
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> UK Parking Control Ltd
> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> DEFENCE[/center]
>
>
> 1. The Defendant denies any liability for this claim.
>
> 2. There is a lack of precise detail in the Particulars of
Claim (PoC) in respect of the factual and legal allegations made
against the Defendant such that the PoC do not comply with CPR
16.4.
>
> 3. The Defendant is unable to plead properly to the PoC
because:
>
> [indent](a) The contract referred to is not detailed or
attached to the PoC in accordance with CPR PD 16(7.5);
>
> (b) The PoC do not state the exact wording of the clause (or
clauses) of the terms and conditions of the contract which is
relied on;
>
> (c) The PoC do not state with sufficient particularity exactly
where the breach occurred, the exact time when the breach
occurred and how long it is alleged that the vehicle was parked
before the parking charge was allegedly incurred;
>
> (d) The PoC do not state exactly how the claim for statutory
interest is calculated;
>
> (e) The PoC do not state what proportion of the claim is the
parking charge and what proportion is damages;
>
> (f) The PoC states that the Claimant is suing the defendant as
the driver or the keeper. The claimant obviously knows whether
the defendant is being sued as the driver or the keeper and
should not be permitted to plead alternative causes of
action.[/indent]
>
> 4. The Defendant has attached to this defence a copy of an
order made at another court which the allocating judge ought to
make at this stage so that the Defendant can then know and
understand the case which he/she/it faces and can then respond
properly to the claim.
>
> Statement of truth
>
> I believe that the facts stated in this Defence are true. I
understand that proceedings for contempt of court may be brought
against anyone who makes, or causes to be made, a false
statement in a document verified by a statement of truth without
an honest belief in its truth.
>
> Signed:
>
>
> Date:
--- End Quote ---
Draft Order for the defence
HTML https://www.dropbox.com/scl/fi/gmpkg6f843yga1sw1iwdo/short-defence-order.docx?rlkey=ppd7dwlale9j25111548n2e1j&st=i7va3biw&dl=0
#Post#: 48444--------------------------------------------------
Re: DCB Legal have issued a Claim form
DIR By: RetroRick
Date: December 5, 2024, 7:55 am
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Thank you so much.
All done, all sent and all instructions were followed.
Here's hoping this is the last I hear from the DCBL or whoever
they are.
And if all goes well then I owe you a round of coffee's.
Many Thanks,
Retro Rick
#Post#: 48446--------------------------------------------------
Re: DCB Legal have issued a Claim form
DIR By: b789
Date: December 5, 2024, 8:09 am
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It won't be the last you hear before it is discontinued. You
will next receive a letter from DCB Legal informing that having
reviewed your defence (after the CNBC sends the a copy of it)
their client intends to proceed with the claim. They will also
include a copy of their N180 Directions Questionnaire (DQ) form,
which you can simply file and ignore.
Eventually, you will receive your own N180 DQ from the CNBC. Let
su know when you receive it. It will be by post but you can
simply download your own N180 here and complete it, ready to
send as a PDF attachment in another email which we'll advise on
as and when you get yours.
After that you will receive a notice of allocation to your local
county court and then a case management judge will probably
assign a hearing date some time next year. DCBLegal have to pay
the trial fee of £27 around a month before the hearing date.
They won't. They will discontinue. Before that, they will try
several times to contact you to settle out of court. Don't. They
will eventually discontinue.
Their modus operandi is well known and documented. If you try
and negotiate with them they will haggle down to as low as £20.
Why wast your money when we know they will eventually move on to
find lower-hanging fruit on the gullible tree that are ripe for
the picking.
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