DCB LEGAL LTD CLAIM FORM

JordanP

Le_Kirk said:

If the particulars of claim relate to the fact that the VRM was wrong, you need to state that the PDT read your input incorrectly due to sticky keys or illegible markings on the keys.  We cannot write it for you, you are the one who was there and know why should not have received the PCN in the first place.

Le Kirk thanks for this - you're right i just needed some direction.

Coupon-mad

#17 and #18 need to confirm or deny all that the particualrs of claim say, as pointed out already.  So type that out, calling yourself 'the defendant' not ''I'' and remove #17 if that bit makes no sense. I do tell people what to put, in the template thread!

You also need to adjust the gaps between paragraphs and then make the entire thing 1.25 or 1.5 line-spaced, for ease of a Judge later reading it all.  At the moment this heading is isolated on the bottom of a page, which of coure you must sort out to make it look pretty again!

Pre-action protocol breach and nonsensical Particulars of Claim

...and at the moment you haven't added your signature and date.

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up later this year,

Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

JordanP

Coupon-mad said:

#17 and #18 need to confirm or deny all that the particualrs of claim say, as pointed out already.  So type that out, calling yourself 'the defendant' not ''I'' and remove #17 if that bit makes no sense. I do tell people what to put, in the template thread!

You also need to adjust the gaps between paragraphs and then make the entire thing 1.25 or 1.5 line-spaced, for ease of a Judge later reading it all.  At the moment this heading is isolated on the bottom of a page, which of coure you must sort out to make it look pretty again!

Pre-action protocol breach and nonsensical Particulars of Claim

...and at the moment you haven't added your signature and date.

Thanks for this Coupon mad!

JordanP

Good afternoon Everyone,

The above now has a court date for 22nd April. I have just received a witness statement from the claimant. I am trying to prepare my witness statement and have been reading a lot of the templates on the forum but i still need a little bit of guidance if possible. I have proof that i emailed the parking company asking why there was a charge for £15 (an email they say they didn't receive) but on the chain it does have

 'DO NOT REPLY TO THIS EMAIL.

If you are dissatisfied with the decision outcome of this appeal. Please
appeal to the Independent Appeals Service (IAS). In order to appeal, you
will need your parking charge number, your vehicle registration and the date
the charge was originally issued. Appeals must be submitted to the IAS
within 21 days of the date of this letter. Please visit www.theias.org for
full details.' 

Is it worthless mentioning the email i sent to them now it shows this? I would still say it's relevant because it doesn't say that they'll pass my case on to a debt recovery company if i don't respond?
I'm really naive with this whole process and am worried i'll make a complete fool of myself in court. any advice would really help!

Coupon-mad

Is it worthless mentioning the email i sent to them now it shows this? 

I don't understand why that template paragraph has dented your confidence?

Is it worthless mentioning the email i sent to them now it shows this?

I don't see why.  They have to offer the IAS as standard, but it's well known to be PPC-biased and only upholds appeals from the public in 5% of cases.  No-one  in their right mind should feel bad about not trying a non-independent 'appeals service' run by the IPC Trade Body where they are likely to lose, and even MPs have exposed the whole self-regulation farce as 'like putting Dracula in charge at the blood bank'.

JordanP

Coupon-mad said:

Is it worthless mentioning the email i sent to them now it shows this? 

I don't understand why that template paragraph has dented your confidence?

Is it worthless mentioning the email i sent to them now it shows this?

I don't see why.  They have to offer the IAS as standard, but it's well known to be PPC-biased and only upholds appeals from the public in 5% of cases.  No-one  in their right mind should feel bad about not trying a non-independent 'appeals service' run by the IPC Trade Body where they are likely to lose, and even MPs have exposed the whole self-regulation farce as 'like putting Dracula in charge at the blood bank'.

Thanks Coupon.
I'll certainly reference it then. i'll draft up a witness statement today and it'd be great if you and others could offer some feedback?
Like i say i'm inexperienced here and i'm worried in court i'll be made to look it.
What's the worst case situation financially if i lose? a few hundred pound? a thousand?

Le_Kirk

Usually regulators will say about £200 if you lose; original claim £100, filing fee £25, hearing fee £25, solicitor costs (if they employ one) £50.  Also, all this info is readily available in the NEWBIE sticky - your go to place for knowledge.

Redx

for one PCN (this has been posted numerous times over the years)

£100 - original parking charge
£25 - court filing fee
£25 - hearing fee, if it gets that far
£7 or £8 interest.
£50 - solicitor costs for preparing case papers (maximum, capped) - where applicable

So not much more than £200 - IF YOU LOSE!

Anything else they try to add will be spurious and must be challenged with the Judge.

IF YOU WIN - none of the above will be payable by you. But you could claim:

£95 capped maximum for loss of earnings/annual leave for half a day (take pay slips for proof)
Travel costs - public transport or mileage x 45p per mile
Parking costs.

If the PPC has been wholly unreasonable in dealing with the court, then costs awarded against them could be considerably more, but the bar is set very high. We would advise nearer the time if we think this is worth you pursuing.

JordanP

Sorry i should have checked the NEWBIES THREAD rather than commenting again on this post, thanks again for your help