Claim Form Sent to Previous Address

[RhythmStick]

I have today received 2 x separate claim forms from UKPC (DCB Legal)

They are for two different vehicles both in my name - for multiple tickets received whilst parked in the allocated space for a flat that I am the managing agent for and have a parking permit (actually I purchased x2 parking permits).

I have management agreement as proof.

Admittedly some of this was because I forgot to display my permit and some because it slipped down. One even said that the permit was a counterfeit (completely untrue and I can provide evidence of my purchase of the permits). I was regularly using the space and the car park attendant knew I was an agent for the flat and had a permit but still issued these unfair tickets regularly (sometimes more than once a day). The other vehicle was driven by my maintenance guy who needed to be near the building to load and unload.

The claim form has been sent to a previous address. I haven't lived there for over 1 year and the car is not registered to that address anymore either. I only have the claim forms because the new residents at my old address contacted me and passed them on as they could see they looked important. Otherwise I would be none the wiser.

I understand I have made some mistakes here but feel that these charges are totally unfair, unreasonable and disproportionate. One is for £3387.64 and the other for £2016.08

Is anyone able to advise what my next steps should be in light of the wrong address being on the forms and the sheer number of charges? If I acknowledge the claim online do I put my current address or use the old one? Also the part where it says the driver agreed to pay within 28 days is not true. I did not.

Thanks

[RhythmStick]

I have tried to attach sanitised copies of the claim forms but just get a message saying I don't have permission to send attachments.

I have familiarised myself with the general steps but would like some advice from someone knowledgeable before I start the process. Want to make sure I get it right.

Both claims are dated 2nd May 2023. Both claims were sent to previous address.

I should also add (don't know if it's relevant) that I recently received a CCJ from same people for exactly the same reason. All the paperwork again went to my previous address but that time I never got it. The CCJ just popped up on my credit rating and I felt I had no choice but to pay it within the timescale to get it removed. I regularly need funding for my business and a CCJ on my (otherwise clean) credit score would cause huge issues for me, so I had no choice but to pay it. £539. So they have already had £539 from me previously.

I am a small business and I cannot afford to pay this. Any help is very much appreciated

Thanks

[RhythmStick]

Doesn't look like I'll get a reply and I'm running out of time so I will simply follow the advice I've seen and send the x2 separate claims online using my current address. I hope that's the right thing to do. Will document all the steps I take on here and hopefully I will get a response at some point.

Thanks

[islandgirl]

Des-8 ? Hopefully someone who specializes in this area will post soon.

[des8]

charitynjw is probably the better one to advise, but whilst awaiting his appearance (!) if you cannot post up copies try uploading to a hosting site (e.g. Imgur) and putting a link here

Does the flat's owner/renter lease have any stipulations about having to display a parking permit?

[echat11]

If you Acknowledge of Service online, you get a further 14 days to respond so that 14 days + 14 days (5 days) to lodge your defence. You should send them a CPR 31.14 request, so they send you the documents, they are relying on to make the claim (stated in Statement of Case).

https://legalbeagles.info/library/gu...-of-documents/

Make sure you get Proof of Postage.

You can also send them a Subject Access Request

https://legalbeagles.info/library/gu...ccess-request/

Make sure you get Proof of Postage.

[charitynjw]

To clarify, are you saying you have 1 x default CCJ, plus 2 x court claims, all for a previous (historic) address?
If so, when did you move,is it a business address & are registered at the new address? (Ie DVLA, council tax, utility bills etc).

[RhythmStick]

Thanks all.

charitynjw yes there is x1 ccj which was paid so removed. Also x2 court claims, all for previous address. I have actually moved twice and car etc all registered to new addresses when I moved.

[RhythmStick]

echat11 thanks, will do

[RhythmStick]

des8 the management agreement I have with the owner doesn't have anything re parking permits but I'm not sure about the owners lease with the block management company who service the flat & carpark (they are the ones who hire the parking control people). We purchased our permits from them.

[charitynjw]

des8 the management agreement I have with the owner doesn't have anything re parking permits but I'm not sure about the owners lease with the block management company who service the flat & carpark (they are the ones who hire the parking control people). We purchased our permits from them.

If it were me I'd buy some time.
Write to DCB Legal (get proof of sending), requesting all the documentation that they/their client intends to use in evidence in pursuit of the claim.
Also ask for a copy of their client's agreement with the landowner which is a statutory requirement to operate at the relevant site.
They usually refuse the latter, in which case I would file a holding defence based on non production of evidence that is essential for assessment of the Defendant's legal position.

The lessee's lease agreement, plus any possible variations of same, & any contractual arrangement you have with the owner, are going to have some affect on your ongoing defence.
If it were me I would want to clear up the position re parking there in an ongoing basis rather than dealing with one-off (or two-, or three-off) pcn's.

It might also be an idea to ask for consent to communicate via email, for both party's convenience.

[RhythmStick]

Thanks all.

Acknowledgement of Claim submitted for both of the claims online today via MCOL. I now have 28 day to get my defence ready.

I will also now write to DCB Legal with a CPR 31.14 request and a subject access request for each of the claims including requests for the clients agreement with the management company as mentioned above.

[RhythmStick]

Here are the claim forms

https://www.dropbox.com/s/qo48swgu2r...24921.jpg?dl=0
https://www.dropbox.com/s/cho79panyg...25108.jpg?dl=0

[RhythmStick]

charitynjw would it be best to send CPR 31.14 request to DCB Legal as in the template letter https://legalbeagles.info/library/gu...-of-documents/ or just a general letter requesting documentation and clients agreement as mentioned?
Thanks

[charitynjw]

charitynjw would it be best to send CPR 31.14 request to DCB Legal as in the template letter https://legalbeagles.info/library/gu...-of-documents/ or just a general letter requesting documentation and clients agreement as mentioned?
Thanks

If it were me I wouldn't specifically mention CPR 31......others might disagree.

2 x claims issued on the same date?
Are they for (largely) the same subject? (Times/dates excepted).