Urgent help needed - County Court Claim - First Parking / DCB Legal

AlwaysTrying23

All done thanks so much everybody. I used Adobe to compress. Very easy to do!! 

One more step out of the way. Good rest of the day all x

bargepole

You should NOT include the Claimant's WS as part of your 'exhibits'.

The Court will already have a copy of this, so you just need to refer to page and paragraph numbers where relevant.

Judges have limited time to read case bundles, and the very last thing they need to have to contend with two copies of the same document. Annoying the Judge is never likely to help you win your case.

AlwaysTrying23

Glad I didn’t include then 😀 the ONLY reference point doc was my claim form as it was requested on my paperwork. 

AlwaysTrying23

Update: just had my dispute resolution hearing. No agreement on settlement so has been filed for final hearing via video conference. The judge ruled that I have a number of valid points and suggested we go for 90 minutes as opposed to 60 minutes so we can explore in more detail and give my whiteness statement justice. 

Coupon-mad

Sounds promising! What did their rep say?

Have you seen that the vital Government Consultation is now open and only for 3 weeks more?

https://forums.moneysavingexpert.com/discussion/6286801/government-consultation-re-private-parking-charge-levels-august-2021-please-bookmark-this-thread/p1

Please do a full and robust response by email to the MHCLG, attaching evidence of what happened to you and what you think is wrong about £100 charges and fake debt recovery ‘fees’ that no PPC actually incurs or pays. It is shocking that the Government seems not to realise what they are doing. 

Hope you’ve seen all the threads discussing that?! 

 We also need people to contact their MP to ask questions about why the MHCLG appear to have performed a U-turn on their March promise to cap parking charges, and why instead they propose to fund the race to court at £70 a time from victims? 

It also breaches existing law. I just looked at the POFA Explanatory Notes (part of the legislation):

https://www.legislation.gov.uk/ukpga/2012/9/notes/division/5/1/3/3

221.Paragraph 4 provides that the creditor has a right to recover unpaid parking charges from the keeper of the relevant vehicle if the conditions set out in paragraphs 5, 6, 11 and 12 are satisfied. The creditor is not obliged to pursue unpaid parking charges through this scheme and may seek to do so through other means but they may not use the scheme provided for here to secure double recovery of unpaid parking charges (paragraph 4(6)), nor will they have the right to pursue the keeper, as opposed to the driver, of the vehicle where they have sufficient details of the driver’s identity. The right to reclaim unpaid parking charges from the vehicle keeper does not apply in cases where the vehicle has been stolen before it was parked, (paragraphs 4(2) to (3)), or in certain circumstances where the vehicle in question was a hire vehicle (paragraph 4(7)). The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5)).

AlwaysTrying23

Coupon-mad said:

Sounds promising! What did their rep say?

Have you seen that the vital Government Consultation is now open and only for 3 weeks more?

Their rep really tried to start going through his defence but the judge kept stating this is not a final hearing. What is the point of starting your defence or cross examination if you have no idea of a resolution you wish to put forward. He just didn’t get it. 

The judge then established he didn’t have the authority to accept any potential settlements anyway so it was very much ‘based on the points the defendant has made and the fact you don’t have the authority to accept a settlement, I cannot see a way this dispute hearing can help’. 

I will absolutely follow up on the consultation and MP angle now I am more knowledgable. 

AlwaysTrying23

Hi All,

I had a virtual hearing planned for this Wednesday. A couple of friends who are in a similar position had their virtual hearings changed to face to face. So I enquired with the court to see if mine was and turns out it has. I received no letter nor email. I was also told a physical copy of my bundle should have been sent to all parties. To add further insult, I am unable to attend face to face as I am currently quarantining due to international travel. 

I’ve emailed the court detailing the above and awaiting a response. Anybody have an experience like this as I am anxious it will work against my case. 

Anything you feel I should be doing? 

Jenni_D

Follow up your email with a phone call, to a) ensure they've got it and b) ensure they're doing something about it.

Have you received a physical copy of the Claimant's bundle?

AlwaysTrying23

Jenni_D said:

Follow up your email with a phone call, to a) ensure they've got it and b) ensure they're doing something about it.

Have you received a physical copy of the Claimant's bundle?

No I didn’t receive anything. My final hearing will now be going ahead virtually as originally planned. 

Fruitcake

You should have received the claimant's bundle including their WS and exhibits. and you should have sent them your bundle including WS and exhibits.

Hopefully you have done your part. If you haven't received the claimant's bundle by the required date you should be on to the court by 'phone and in writing requesting a strikeout.