Help please!! DCB legal court claim received

Snakes_Belly

Worcestermum said:

Yes thats correct. I was parked one in from the end and was slightly over the space on the end but as you say there is no way a car could fit in the end space. A bike maybe but even a smart car would not fit in due to the angle and tight space. Thank you so much for all of your help i really do appreciate it. I have just finished my defence so submitting this evening. 

If you press the fact in the defence about the inclement weather, the puddles, how badly the car park was maintained and the fact that the space that you were slightly over was not in fact a space then the images will back this up in the WS. That is what the WS does, supports the defence argument. The images are powerful and should not be underestimated. The satellite image really does show up how tiny that space is and that it is not a space where a car could park. If it was for a motorcycle it is not marked as such. 

You also need to mention the fake add on's for debt collection. The case will not be dismissed on this alone but the amount of the claim could well be reduced.    

Snakes_Belly

This company that is making the claim are ex-clampers. 

Redx

post the adapted paragraphs from your latest draft defence for checking before submitting

Snakes_Belly

Taken from D P Dance's post to another poster who has used a car park run by the same PPC.    

https://www.britishparking.co.uk/write/Documents/Library 2016/Bay_Sizes_-_Jul_2016.pdf

The satellite image shows up the angle of the end "space" very well. I am sure that it could not conform to the above. 

beamerguy

Snakes_Belly said:

Taken from D P Dance's post to another poster who has used a car park run by the same PPC.    

https://www.britishparking.co.uk/write/Documents/Library 2016/Bay_Sizes_-_Jul_2016.pdf

The satellite image shows up the angle of the end "space" very well. I am sure that it could not conform to the above. 

You are no doubt correct.  I doubt if the BPA have any idea what these car parks are like.
Despite the BPA waffle, their only interest is to collect money.  An ATA by name but a shambles in real life

Snakes_Belly

Worcestermum said:

Hi Snakes Belly yes I agree and more then happy to do that! I have just received my questionnaire from the court. Do I need to post a copy to the court on the letter and also a copy to the legal team acting on his behalf? I can’t do it via email to the court? I did read the newbie thread but couldn’t see anything specific about how to send it 

Regarding the WS from posters who have fallen foul of these badly managed car parks they would be an addition to your main WS and would be included in the index. 

Le_Kirk

Worcestermum said:

Hi Snakes Belly yes I agree and more then happy to do that! I have just received my questionnaire from the court. Do I need to post a copy to the court on the letter and also a copy to the legal team acting on his behalf? I can’t do it via email to the court? I did read the newbie thread but couldn’t see anything specific about how to send it 

Did you go back to the NEWBIE sticky and find this advice: -

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk 
5. Just put the claim number (check it very carefully) and the word Defence in the email title, and in the body of the email something like 'URGENT RE CLAIM XXXXXXXX - Please find my Defence attached.
6. After filing your Defence, there is more to do.
7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire and the usual intimidating template letter saying they 'intend to proceed'. Nothing of interest there. Just file it.
8. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet - https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track , and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread - https://forums.moneysavingexpert.com/discussion/comment/64350585#Comment_64350585
9. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.  
   
10. Send a copy of your completed DQ to the Claimant (or their solicitor if they are using one).  Their postal address is on your Claim Form but you can find an email for them by searching this forum, or Google it, because a DQ sent by email is OK and then you know/can prove it's been sent.   
11. DO NOT USE RECORDED (OR SPECIAL) DELIVERY FOR ANYTHING TO A PARKING FIRM OR THEIR SOLICITOR.   DO NOT EXPECT ROGUE FIRMS TO SIGN FOR YOUR LETTERS.  IF THEY DON'T, ALL YOU HAVE IS PROOF OF NON-DELIVERY, WHICH IS THE EXACT OPPOSITE OF WHAT YOU NEED!

I am surprised you are being asked to send it to a court rather than CCBC @ Northampton.

Worcestermum

update:  

So i have had a letter from court asking me to submit all of my documents ready for court. They have not suggested when the court date is however documents need to be by 9th April. I have received all of his documents today which have been sent to the court. I have all my photos ready and looked at the newbie thread on examples of witness statement. They have mentioned in the letter about being heard on papers and if i object to this then to make aware when submit my documents. Where would you put this in with the documents or just in the body of the email when i send the documents? 

Also he is asking for costs of original parking fee, costs of taking to court and advocate and his also asking for it to be thrown out in his favour!!! They have suppled a photo aerial view of the carpark however does not look like the car park? it states caroline street on images but cars parked in the carpark are shown parking the other way around if that makes sense? 

KeithP

Most unfair of the Court to give you just two day's notice, isn't it?

Or is it you expecting answers from the forum within that limited time?

Please can you show us the Court Order.
Does it ask you to liaise with the Claimant to produce a combined bundle, for example?

Worcestermum

I received the letter on Thursday 01st April 2021 so over easter weekend i have got all my photos together and made lots of notes from the forum to support my case going over comments made on my case from advice here and past cases. The defendants case bundle was sent to me today. It states at top of letter from court general form of judgement or order. It states they encourage me to talk to the other party to see if we can agree a resolution. If so could we send in a document headed consent order. It states if i cannot agree a resolution then you may be able to agree that a judge can decide the case on paper without a hearing, which will normally be quicker than waiting for a hearing. If so, you must write to the court to confirm you agree to "paper decision" when you send in the documents and statements referred to below.