DCB legal Court Claim

cossimo88

Do we know what the situation is regarding evidence post WS has been submitted?
Basically the management company I contacted to get a lay out of the car park took their time and only got back to me with it now.
I believe it may be useful in establishing that it was my car park spot however I’m conscious that I may not be able to submit so collar to the hearing (1 week out).

Coupon-mad

Send a Supplementary WS by email to the Solicitors and the local court, with the extra evidence, and also add in the observation that the Government has banned the false 'damages/debt recovery' of £70 per PCN.  If your WS doesn't already cover this, you must learn how the robust new Code of Practice effectively helps existing cases by giving the courts a major steer:

https://forums.moneysavingexpert.com/discussion/comment/79013061/#Comment_79013061

I had recently taken over the lease at the property and no where in the lease contract did it state about needing a parking permit nor was I given one when I first moved in. The car park is gated and can only be entered by entering a 4 digit code provided to residents.

As well as the ban on false add-ons, also quote the new Statutory Code of Practice section that talks about PPCs not interfering with residents' rights:

https://www.gov.uk/government/publications/private-parking-code-of-practice/private-parking-code-of-practice

"4. Particular care is needed to establish appropriate contractual terms, including the application of parking restrictions, in respect of controlled land where leaseholders may have rights that cannot be qualified or overruled e.g. by imposing a requirement on the resident of an apartment block to display a permit to park in contravention of their rights under their lease, or to ensure that free parking periods do not breach planning consents."

cossimo88

Good morning,

Many thanks for the above.
Tomorrow is the hearing date. I’ll keep everyone posted on the outcome. 

Any last bits of advice??

cossimo88

OK. Case won. 
I noticed weeks ago the key piece of evidence the claimant was relying on, the contract between themselves and the landowner, was signed 9 months after the PCNs were issued. I daren't post about it on here just in case.
I waited for the claimants legal rep to talk up the contract for 5-10 minutes as the 'unquestionable proof' that they had the authority before asking to interject and bringing the courts attention to the date. The legal rep for the claimant tried to argue at that point, that we can infer that they had the authority to operate as they had signs up. The judge said (almost word for word) what I had written down which was: "if I went and put signs up in a public car park, can I charge people money?"
Also to that end I was looking at saying that they can infer I had the right to park there as I am a resident. I didn't get a chance, probably for the best, I imagine the less I speak as a layperson the better.
As I've seen posted, I didn't actually have too much to contribute other than pointing out the issue with the contract date. The judge addressed the legal rep for the majority and was tough but fair with both parties. My costs were approximated at 47.50 (half of the 95 per day) and he quickly shot down my claim for incurred costs, for time spent researching etc. Fair enough, the main issue was resolved anything more would of been a bonus. 
Lastly, I would very much like to thank those who have spent their time helping. It is a great service to people in my position who have very little to no experience dealing with things of this nature but aren't prepared to be bullied into submission by these companies. 
Thank you
Cossimo

 

Trainerman

Well done @cossimo88.  Good win

patient_dream

WELL DONE ....... another Calamity Jane special effect by DCBL and VCS

The courts must be getting totally fed up with claims that are pointless with no merit

Coupon-mad

cossimo88 said:

OK. Case won. 
I noticed weeks ago the key piece of evidence the claimant was relying on, the contract between themselves and the landowner, was signed 9 months after the PCNs were issued. I daren't post about it on here just in case.
I waited for the claimants legal rep to talk up the contract for 5-10 minutes as the 'unquestionable proof' that they had the authority before asking to interject and bringing the courts attention to the date. The legal rep for the claimant tried to argue at that point, that we can infer that they had the authority to operate as they had signs up. The judge said (almost word for word) what I had written down which was: "if I went and put signs up in a public car park, can I charge people money?"
Also to that end I was looking at saying that they can infer I had the right to park there as I am a resident. I didn't get a chance, probably for the best, I imagine the less I speak as a layperson the better.
As I've seen posted, I didn't actually have too much to contribute other than pointing out the issue with the contract date. The judge addressed the legal rep for the majority and was tough but fair with both parties. My costs were approximated at 47.50 (half of the 95 per day) and he quickly shot down my claim for incurred costs, for time spent researching etc. Fair enough, the main issue was resolved anything more would of been a bonus. 
Lastly, I would very much like to thank those who have spent their time helping. It is a great service to people in my position who have very little to no experience dealing with things of this nature but aren't prepared to be bullied into submission by these companies. 
Thank you
Cossimo

 

Great news!   VERY WELL DONE.

ANOTHER ONE BITES THE DUST!