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Parking fine help, claim form received from DCB Legal

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Comments

  • Not_A_Hope
    Not_A_Hope Posts: 844 Forumite
    Fourth Anniversary 500 Posts Name Dropper
    You send it to the court and DCB Legal who are acting on behalf of the claimant preferably by one email copied to both (so the scammers can't claim they didn't receive it when the court did).
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 March 2022 at 3:43AM
    The WS by @jrhys and @Nosy are the best 2021 examples of how the bundle and exhibits should all look, with pages numbering and evidence, plus a costs assessment.

    But of course there is now more to add to the 2021 efforts!

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

    https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

    Happy reading, no need to panic.


    5. Finally you might wish to review the statutory Code of Practice that is about to become law and include references to this for the judge including abstracts from the foreword which is scathing of the practices of many PPCs. You might add references to the new COP especially signage and the additional costs which government have agreed are unfair.

    Did you include this, @Kayteeheych after myself and then @Not_A_Hope both advised you to add the new stuff about the important fact that added 'damages/debt recovery fees' are banned now by the Government?

    Examples of suggested wording are all over the forum since it was announced on 7th February.

    If it's not in your WS then read the Code of Practice that I linked for you, and our thread all about it, and go to court knowing it is banned.  Whilst new laws are not retrospective as such, the Ministerial Foreword declared the added pseudo 'debt recovery fees' to be 'designed to extort money from motorists'..

    You can't get a much bigger steer for Judges in existing cases.  But your Judge may not know, and the other side isn't going to tell him/her.  It's up to you to voice it at the end of your oral submissions and object to the false 'damages', which were never paid nor incurred.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Kayteeheych
    Kayteeheych Posts: 29 Forumite
    Third Anniversary 10 Posts Name Dropper
    The WS by @jrhys and @Nosy are the best 2021 examples of how the bundle and exhibits should all look, with pages numbering and evidence, plus a costs assessment.

    But of course there is now more to add to the 2021 efforts!

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

    https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

    Happy reading, no need to panic.


    5. Finally you might wish to review the statutory Code of Practice that is about to become law and include references to this for the judge including abstracts from the foreword which is scathing of the practices of many PPCs. You might add references to the new COP especially signage and the additional costs which government have agreed are unfair.

    Did you include this, @Kayteeheych after myself and then @Not_A_Hope both advised you to add the new stuff about the important fact that added 'damages/debt recovery fees' are banned now by the Government?

    Examples of suggested wording are all over the forum since it was announced on 7th February.

    If it's not in your WS then read the Code of Practice that I linked for you, and our thread all about it, and go to court knowing it is banned.  Whilst new laws are not retrospective as such, the Ministerial Foreword declared the added pseudo 'debt recovery fees' to be 'designed to extort money from motorists'..

    You can't get a much bigger steer for Judges in existing cases.  But your Judge may not know, and the other side isn't going to tell him/her.  It's up to you to voice it at the end of your oral submissions and object to the false 'damages', which were never paid nor incurred.
    Yes I added a couple of extra paragraphs of what I felt the key points were, made sure to quote the bit about parking companies dodgy practices and extorting motorists etc. then just picked up on the bits I felt were relevant to my case.

    Do the claimant have a deadline for submitting their documents/witness statement to me as I haven’t received anything from them as of yet? Would have thought they should be held to the same deadline as myself but don’t want to get my hopes up about them dropping it if this is just normal! 
  • Umkomaas
    Umkomaas Posts: 43,788 Forumite
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    They have the same deadline(s) as you.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Just a small update on my case. Had a letter through from the court which outlines deadlines for submission of witness statement and documents by both parties, which is slightly annoying as the previous letter had stated I needed to do this 28 days before the hearing so I did this. 
    Have just missed a call and been left a voicemail by DCB and they want me to ring them back, I suspect this is where they’ll try to frighten me into making some sort of settlement instead of going to the hearing which I’m not prepared to do. Is there any point in ringing them back?
  • Not_A_Hope
    Not_A_Hope Posts: 844 Forumite
    Fourth Anniversary 500 Posts Name Dropper
    I wouldn't bother. You know what they want
  • Trainerman
    Trainerman Posts: 1,329 Forumite
    1,000 Posts Fourth Anniversary Photogenic Name Dropper
    As I said on another thread recently - not unless you really like the feeling of banging your head against a brick wall. These people do not want to listen, just to bully.

    If it were me, I would be interested to know how they got my number
    The pen is mightier than the sword ..... and I have many pens.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 11 March 2022 at 2:57PM
    Just a small update on my case. Had a letter through from the court which outlines deadlines for submission of witness statement and documents by both parties, which is slightly annoying as the previous letter had stated I needed to do this 28 days before the hearing so I did this. 
    Have just missed a call and been left a voicemail by DCB and they want me to ring them back, I suspect this is where they’ll try to frighten me into making some sort of settlement instead of going to the hearing which I’m not prepared to do.

    Is there any point in ringing them back?
    No point at all.

    Don't be annoyed.  The previous Order STILL STANDS and was correct.

    You complied with the 28 day deadline, did they?  Have you got their WS?

    The shorter hearing deadline is just the date for the electronic bundle of items that the court expect both parties have already been served in time.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Just a small update on my case. Had a letter through from the court which outlines deadlines for submission of witness statement and documents by both parties, which is slightly annoying as the previous letter had stated I needed to do this 28 days before the hearing so I did this. 
    Have just missed a call and been left a voicemail by DCB and they want me to ring them back, I suspect this is where they’ll try to frighten me into making some sort of settlement instead of going to the hearing which I’m not prepared to do.

    Is there any point in ringing them back?
    No point at all.

    Don't be annoyed.  The previous Order STILL STANDS and was correct.

    You complied with the 28 day deadline, did they?  Have you got their WS?

    The shorter hearing deadline is just the date for the electronic bundle of items that the court expect both parties have already been served in time.
    No I’ve had absolutely nothing from them as of yet. Is it best just to wait it out or is there a point at which I contact the court to question why they haven’t sent anything to me?
  • Not_A_Hope
    Not_A_Hope Posts: 844 Forumite
    Fourth Anniversary 500 Posts Name Dropper
    I suspect the PPC have been waiting to see if you sent in a WS and hoping to win by default. If they have not met the 28 day court deadline they have probably been trying to ring you in a final attempt to frighten you into paying before discontinuing. If you don't hear anything next week and the hearing is still to go ahead for the 31st March I would contact the court to see if they have received a copy of their WS and complain you haven't been send one contrary to the court directions.
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