DCBL / UK Parking Control

Jcosh

Coupon-mad said:

You do realise YOU get to choose your home court and hearings are usually now done by phone?  Someone just reported their outcome of a hearing done by MS Teams and they didn’t have to say a word, the Judge did it for them!

 I read a reply where you believed DCBL asking for the claimants home court - trying it on - that’s not how small claims against consumers work!  Don’t believe what you read from roboclaim solicitors.

I hope I can choose my home court as I don't want to go Runcorn. And yes it says on the N180 the the hearing Venue is  Claimant's Home Court

Jcosh

Redx said:

Typical template reply that everyone gets as a frightener

I hope you have emailed a SAR to the DPO at UKPC attaching a copy of the claim form as proof of I D under the GDPR law ? If not do so asap

Keep checking MCOL claim history to see when they have posted the N180 DQ to you , then download the pdf , fill it in and email it to the ccbcaq email address

After that you wait until your local nominated court writes to you

Post a reacted copy of your submitted defence below , for reference

Thanks

I have sent a SAR to the DPO at UKPC. 

Should I also do this:

"As well as the SAR to the parking firm's DPO, also write another email, if they are using Gladstones, DCLegal, BW Legal or other solicitor.
Your email tells the solicitor:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent your client a SAR
(c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses."

Redx

Too late for a court claim , that advice is in the LBC stage section , before the Court claim was issued

As a defendant you get to pick your court of choice , at the DQ stage

And in any case , nobody is travelling to Runcorn because you are at home on a phone call or a video link , regardless of where the judge is or the claimant or their legal representative

Jcosh

Redx said:

Too late for a court claim , that advice is in the LBC stage section , before the Court claim was issued

As a defendant you get to pick your court of choice , at the DQ stage

And in any case , nobody is travelling to Runcorn because you are at home on a phone call or a video link , regardless of where the judge is or the claimant or their legal representative

Thank you.

So I ought not contact DCBL directly at this stage? If so they won't be aware I have sent an SAR to UKPC?

They have offered a 7 day window to contact them to try to settle out of court, should I ignore this option? 

Am I correct to say that should this go to court, there is a maximum amount that they can claim against me, or have I got this wrong?

My real fear is a CCJ, but I gather that ought not be a concern so long as any monies are paid on time if the case goes against me. 

Many thanks. 

Redx

They won't be interested in the fact that you sent a SAR , why would they ?

The maximum amount claimed is on the MCOL claim form , the total , unless you are unreasonable

No CCJ will be registered if you pay the judgment in full within the grace period allowed by the Court , typically 30 days , if you lose in court

Jcosh

Redx said:

They won't be interested in the fact that you sent a SAR , why would they ?

The maximum amount claimed is on the MCOL claim form , the total , unless you are unreasonable

No CCJ will be registered if you pay the judgment in full within the grace period allowed by the Court , typically 30 days , if you lose in court

Thanks. 

Not sure why DCBL would be interested in the SAR, this is not my area of expertise. Just thought I'd check. But not 100% sure why the SAR is important at this stage, what do 'we' hope to achieve by requesting this from DCBL? 

OK so the total figure on the Claim Form is £260.91, I can cope with that if it doesn't go beyond that as a result of a court hearing. Understanding that if I loose, I pay up asap and move on. Everything is then done and dusted. 

CCJ is my only real worry, but if that's a non issue so long the fine is paid as per figure above then no real concern there. 

Redx

You are obtaining all your data from the claimant , all documents and pictures etc , useful for the WS , probably not useful for this stage , but better to get it all early and study it , especially as most people throw everything in the bin

Jcosh

Redx said:

You are obtaining all your data from the claimant , all documents and pictures etc , useful for the WS , probably not useful for this stage , but better to get it all early and study it , especially as most people throw everything in the bin

Surely too late for my WS as that was logged with MCOL a month ago? So we are obtaining this SAR info for my benefit in order to be clear about what the claimant has 'on me'.

Did you have a any thought on the point I raised in my original post, 'I should also add that within their summary on the claim form against me they have written, "The driver agreed to pay within 28 days but did not". I asked for evidence of this in my submitted defence as I do not recall agreeing to that, as I have ignored all previous correspondence'.

It is my feeling that this is a complete fabrication as I did not, at any time, agree to pay the PCN within 28 days. If this is the case (I believe it to be so) surely it can be concluded that either UKPC or DCBL are in fact lying? 

KeithP

Jcosh said:

Redx said:

You are obtaining all your data from the claimant , all documents and pictures etc , useful for the WS , probably not useful for this stage , but better to get it all early and study it , especially as most people throw everything in the bin

Surely too late for my WS as that was logged with MCOL a month ago?

Was it?
Or was it your Defence that was filed via MCOL?
Any Witness Statement goes to the hearing court.
You are not at that stage yet.

Jcosh said:

Redx said:

You are obtaining all your data from the claimant , all documents and pictures etc , useful for the WS , probably not useful for this stage , but better to get it all early and study it , especially as most people throw everything in the bin

Did you have a any thought on the point I raised in my original post, 'I should also add that within their summary on the claim form against me they have written, "The driver agreed to pay within 28 days but did not". I asked for evidence of this in my submitted defence as I do not recall agreeing to that, as I have ignored all previous correspondence'.

It is my feeling that this is a complete fabrication as I did not, at any time, agree to pay the PCN within 28 days. If this is the case (I believe it to be so) surely it can be concluded that either UKPC or DCBL are in fact lying? 

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

Jcosh

KeithP said:

Jcosh said:

Redx said:

You are obtaining all your data from the claimant , all documents and pictures etc , useful for the WS , probably not useful for this stage , but better to get it all early and study it , especially as most people throw everything in the bin

Surely too late for my WS as that was logged with MCOL a month ago?

Was it?
Or was it your Defence that was filed via MCOL?
Any Witness Statement goes to the hearing court.
You are not at that stage yet.

Jcosh said:

Redx said:

You are obtaining all your data from the claimant , all documents and pictures etc , useful for the WS , probably not useful for this stage , but better to get it all early and study it , especially as most people throw everything in the bin

Did you have a any thought on the point I raised in my original post, 'I should also add that within their summary on the claim form against me they have written, "The driver agreed to pay within 28 days but did not". I asked for evidence of this in my submitted defence as I do not recall agreeing to that, as I have ignored all previous correspondence'.

It is my feeling that this is a complete fabrication as I did not, at any time, agree to pay the PCN within 28 days. If this is the case (I believe it to be so) surely it can be concluded that either UKPC or DCBL are in fact lying? 

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

Yes, sorry, you are correct. Understood. It was my defence that was filled with MCOL. So I get to write a witness statement if it goes to court?


This is the sign in the car park. As far as I can I did not agree to pay any fines within 28 days?

I did however, not park within the marked bays as per the diagram on the notice.