Court Claim from DCB Legal / Highview Parking Limited

[Deleted User]

Coupon-mad said:

Yes of course, along with all the usual stuff you see in the recent examples, plus the two court transcripts I posted about in about May 2021 in a thread I started about what to include with a WS.

Plus pulling apart THEIR evidence.

Of course you can email it.  You needed to read more threads and be ready for what was needed. Sounds like you are playing catch up.  Read other threads to learn from them and copy them.  We do this every day - always by email.

Thank you! Any point in adding my mental health condition at the time(anxiety and depression to which I was prescribed medication)? In fact, I am currently on antidepressants for anxiety, it's chronic. 

Redx

Deleted_User said:

Coupon-mad said:

Yes of course, along with all the usual stuff you see in the recent examples, plus the two court transcripts I posted about in about May 2021 in a thread I started about what to include with a WS.

Plus pulling apart THEIR evidence.

Of course you can email it.  You needed to read more threads and be ready for what was needed. Sounds like you are playing catch up.  Read other threads to learn from them and copy them.  We do this every day - always by email.

Thank you! Any point in adding my mental health condition at the time(anxiety and depression to which I was prescribed medication)? In fact, I am currently on antidepressants for anxiety, it's chronic. 

If it's relevant and you have evidence , the court requires both

Notice that the court order talks about evidence , so the witness statement should also include exhibits ( evidence ) plus a summary costs assessment , in case you win and are claiming costs ( so your bundle , as it's known , as a solicitor would put together , submit , and take with them on the Day

The claimant will have included all 3 , so should you

The court website may have information on submissions , certainly Manchester does !!

Email has been mainly used since the pandemic started 2 years ago , so nothing new there

You are definitely playing catch up , due to not reading other discussions on here , so get with the program

[Deleted User]

Quick update: court date postponed due to overbooking, hearing can happen any time within next 6 months.

Coupon-mad

Did you do the WS and evidence?  You still had the same deadline regardless.  

Don't make the mistake of sitting waiting for another Order if you didn't get your WS and evidence filed and served yet.  Do it now anyway if not yet done, so the Claimant can't complain about any real delay in seeing your WS.

[Deleted User]

Ok, so had a hearing. 45-minute process. The lawyer looked very bored.
The Judge gave him a bit of grief about the photographs on the evidence which lead to an awkward moment.
Judge didn't like that I added a letter from MP to my defence, he asked why did I even add it as it's him who makes decisions there. He dismissed the part of the defence from the template suggested here, he said unless I insist, it's something clearly copied from elsewhere and one part of it even suggests I am a lawyer. I agreed to skip this part and based all my defence on insufficient signage and unfair fees.
The verdict was in favour of the parking company as Judge finds signage sufficient however cost was slashed by a third - the interest was reduced and subsequent fines were halved as according to the judge there is less admin work once the first fine is issued. I don't think the parking company won any money.
The judge said he deals with many cases like this, and he doesn't like his decision but has to follow the letter of law.
I feel big relief now it is over.  Also, I felt a bit bad for the Lawyer at the end, not likely he dreamt he will be defending this kind of case in his career. 

Thanks for the help on this forum but it was heavy-handed at times.  I felt some senior members here were quite rude and rubbed my nose in templates on a couple of occasions. if you suffer from clinical anxiety and receive court letters, it's impossible calmly read the whole thing and find relevant answers, there is a pull to ask the questions. You end up being attacked from both sides. 

Coupon-mad

I'm so sorry to read that the Judge found in favour of the PPC but pleased that the amount claimed was significantly less.  They'll have made nothing from you, which is a positive.

Odd to hear that a Judge objected to (and made you feel uncomfortable about) including in your bundle an MP's letter in support of your situation as an unrepresented consumer.

Why wouldn't anyone want their Judge to know that Parliament are stepping in and MPs are up in arms because the consensus among right-thinking people and MPs is now that the private parking industry are primarily a group of baying wolves and out of control rogues?

t's something clearly copied from elsewhere and one part of it even suggests I am a lawyer. 

It certainly doesn't - do you know which part he meant by that?

Never had a Judge say that before and most are perfectly happy to allow a defence based on the template.  One Judge I was in front of said 'So What?' when the Parking firm employee whinged that the consumer had based their defence on a template.

After all, the Claimant's submissions are almost entirely a copy & paste template.

Le_Kirk

Coupon-mad said:

One Judge I was in front of said 'So What?' when the Parking firm employee whinged that the consumer had based their defence on a template.

You beat me to it!