Autosec and DCB Legal defence

hedgwedgy

Hi,

Read the newbies thread and other similar posts. I've requested a SAR from DCB legal and Autosec, however I have seen the PCN online on the Autosec website. They have my car pictured under some signage. I parked my car on the side of a car park in a block of flats as I was picking up a resident to go out. Not in any of the allocated spaces, just against a verge. I was there for about 10 minutes. I have checked with the resident and there is no provision for visitor parking here. Google images doesn't seem to show anything. I don't live in Hull any more so can't easily go and check myself. The PCN is from 08/2016.

My issue date was 8/9/21. AoS on 24/9/21. Defence reply by 11/10/21 I think. 

Just making my defence now. I am going along the lines of:

- was there for a short period of time
- there is no visitor parking

Not sure if there is anything else I can include.

Any suggestions are welcome. I can post the images they have if required.

KeithP

hedgwedgy said:

My issue date was 8/9/21. AoS on 24/9/21. Defence reply by 11/10/21 I think. 

You are right with your Defence filing target date but there might be something useful here...

With a Claim Issue Date of 8th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 11th October 2021 to file your Defence.

Just a few days to go but plenty of time to produce a Defence.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

D_P_Dance

Have you complained to your MP?

Coupon-mad

Just making my defence now. I am going along the lines of:

- was there for a short period of time
Yes - point to grace periods in the IPC CoP and the fact this was predatory ticketing over mere minutes and the car was not parked but was in fact assisting a (frail/elderly?) person to board, which is 'exempt activity' and very distinct from parking, and one of the reasons why the new Government Code of Practice is requiring a mandatory consideration period and intends to ensure that delivery drivers, people loading and unloading and particularly residents can enjoy peaceful use of their property.

- there is no visitor parking
No, that makes it look like you knew you couldn't stop there but did anyway.


Not sure if there is anything else I can include.

Were you a taxi driver or a relative or what? 

Can you contact the resident on FB and ask if their lease allows them to have a setting down or drop off close to the premises, and whether they would provide a witness statement for you?

hedgwedgy

I'm not sure if I should incorporate this into my defense as well:

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

hedgwedgy

Hi,

Thanks for the replies and suggestions. I have not complained to my MP as I don't live in the area where I got the PCN anymore. Should I complain to the MP for the area I got the PCN?

I'm cutting it close but here is my defense. Any changes are welcome but I will be submitting tomorrow.

2.         It is admitted that the Defendant was the registered keeper/driver of the vehicle in question but liability is denied.  On the date the PCN was issued the defendant was assisting a resident of the building.

3.         The Defendant would like to point out that the car was intentionally not parked in any bay and was left at the side of the building away from any parking bays and close to the front entrance of the building to make unloading easier.

4.         The Defendant was not parked but assisting a resident of the building which is exempt activity and very distinct from parking. This is why the new Government Code of Practice is requiring a mandatory consideration period and intends to ensure that delivery drivers, people loading and unloading and particularly residents can enjoy peaceful use of their property.

5.         The Defendant suggests this is predatory ticketing as the car was not parked but left for around 10 minutes. There are grace periods in the Independent Parking Committee Code of Practice precisely for this reason.

6.         The Defendant will rely upon the judgments on appeal of HHJ Harris QC in Jopson v Homeguard [2016] B9GF0A9E (Services) case where the judge said stopping/delivering is not parking.

7.         The Defendant does not recall receiving the original PCN. The Defendant’s attempts to contact Autosec and their CEO Mr Del Grosso with a view to narrowing the issues and so not waste the court's time have been ignored. The Defendant has sent an SAR to info@autosec.co which has also been ignored. The same request was finally sent to their solicitors DCB Legal LTD on receipt of the County Court claim form which has been acknowledged.

8.         The Defendant does recall receiving multiple "debt collection" letters over the years that can only be described as extremely threatening and harassing in nature from multiple different senders (there was always a different name/company). The letters all appeared to demand immediate action on the part of the Defendant and gave rise to the feeling that they must be part of some sort of scam. It felt like the Defendant was being harassed in to hastily handing over money (with ever changing amounts) in order to avoid further costs down the line, court visits and an impending CCJ that would impact on the Defendant livelihood. The Defendant ignored these threatening “Debt Collection” type letters believing that they could be part of a scam as a PCN was never received.

KeithP

hedgwedgy said:

I have not complained to my MP as I don't live in the area where I got the PCN anymore. Should I complain to the MP for the area I got the PCN?

DPD did say your MP.

Parliamentary protocol dictates that you complain to your Member of Parliament.

You can of course send a copy of your complaint to the MP whose constituency cover the alleged parking place and I am sure they will be keen to hear about what is happening on 'their patch'.

hedgwedgy

Also, I think I read somewhere that I should copy DCB legal into the email I send to CCBCAQ@Justice.gov.uk for their records?

Is that correct? 

KeithP

hedgwedgy said:

Also, I think I read somewhere that I should copy DCB legal into the email I send to CCBCAQ@Justice.gov.uk for their records?

Is that correct? 

We have recently seen instances where the CCBC has failed to send a copy of the Defence to the Claimant in a timely manner - leading to an incorrect Judgment by Default for the Claimant.
By sending a copy of your Defence directly to the Claimant, you are hoping to avoid that unjust Default Judgment and the hassle of undoing it.

Le_Kirk

hedgwedgy said:

I'm not sure if I should incorporate this into my defence as well:

That case was Excel v Wilkinson: G4QZ465V,

Yes, you refer to it in your defence in the same style that the template defence uses in paragraph 14 and then you provide the evidence in your witness statement.

hedgwedgy

Hi Guys,

Just wanted to update you all. I followed the advice in this forum and can happily report that I won my case. 

I filed a defence, DCBL rang a couple of weeks before the court date and offered to settle out of court, I chose to decline. Waited for the court date and they filed a N279 Notice of Discontinuance 1 week before the court date. They didn't even send me their witnesses statements by the date set by the court, so I wrote to the court and DCBL via email asking to throw the case out.

Once again thanks for all your help and support.