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DCBLegal

1356710

Comments

  • I’ve never admitted to Highview that I was the driver only the keeper so this seems like the best route to take! 

    yes I can go and review signage in the dark to spot any misleading points  

    I can also lean on the fake fee as that was already in my previous defence 

    thanks guys! 
  • Le_Kirk
    Le_Kirk Posts: 25,083 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 21 May 2022 at 4:18PM
    Case for my defence is that I was ill after a night job and fell asleep, woke up in a panic and exited just over the 3 hour threshold. 

    what grounds do I have for defence on the above? 
    FrequentOverstayer said:
    I’ve never admitted to Highview that I was the driver only the keeper so this seems like the best route to take! 
    yes I can go and review signage in the dark to spot any misleading points  
    I can also lean on the fake fee as that was already in my previous defence 
    If you are using that as a defence, you would be hard pushed to use no liability as keeper given your statement above!

    The added fees is not a defence but can be removed by a savvy judge.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 May 2022 at 4:21PM
    Yep you would need to decide which stance to take but maybe no saying who was driving, and concentrate on unlit signs that it is extremely unlikely in the dark, that they were 'there to be seen' and as prominent as the CRA 2015 requires for terms and consumer notices.  The BPA CoP has a short section about why it's important that such signs are conspicuous, legible and lit if the operator wants to operate the scam 'PCN factory' 24/7.
    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
  • Hi Team,

    I have been reviewing street view images of the parking signs on Google Streetview with an intention to get over there in the next few hours 

    To confirm the location can be found here; https://www.google.co.uk/maps/@51.8908928,-0.4548758,3a,75y,298.51h,83.68t/data=!3m6!1e1!3m4!1sIrt1so7n8AopnWk0HY_Glg!2e0!7i13312!8i6656

    As I entered I turned right straight into the drive-through and out again, parking on the opposite side
    I have picked up that there are only signs on the Mcdonald's side of the car park (Right side) and turning left, where I eventually parked has 0 signs in relation to the contract or explaining the terms.

    I resided closer to and proceeded to fall asleep / unwell. here: https://www.google.co.uk/maps/@51.8913765,-0.4547141,3a,75y,119.23h,87.9t/data=!3m6!1e1!3m4!1sC4VWjC7TUIHaWHmco_7urw!2e0!7i13312!8i6656

    Directly opposite Currys, bear in mind it was dark I do not believe the adequate signs in the car park explain the contract they are holding me against.

    See the image on entry before the apparent "Left Turn"

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That's good detective work already.  Most cases are likely to win on inadequacy of signage because it's fundamental.
    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
  • Right team I went round there this evening in the dark just slightly after sun set and despite my original investigation there is now a sign in place with the ticket coming in 2019 what grounds do I have? 

    Do they hold legislation against the current signage? 


  • I have today received a message from DCB

    Please see our response attached. If agreeable, please make payment in line with the attached and return a signed copy of the Consent Order. Once received, we will file the Consent Order with the Court and arrange to have the CCJ cancelled and removed.

    it states; 
    We agree with your Application in that the Claim Form was served on the incorrect address. You informed us in November 2021 that you had a new address. We updated your file accordingly. Prior to issuing the Claim in April 2022, an address verification trace was conducted to ensure that proceedings would be issued on your last known address. You previous address was highlighted as the most recent/likely address. The file was updated automatically, and the Claim Form was issued there.
    It is our position that whilst the Claim Form was served on the incorrect address, we have taken our due diligence and served it on the last known address. Whilst the law only requires us to issue correspondence to the last known address, we do appreciate that it was the incorrect address.


    They then go on to saying paying £311 will remove this from my credit file.

    I await the outcome of the hearing I guess? 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    We agree with your Application in that the Claim Form was served on the incorrect address. You informed us in November 2021 that you had a new address. We updated your file accordingly. Prior to issuing the Claim in April 2022, an address verification trace was conducted to ensure that proceedings would be issued on your last known address. You previous address was highlighted as the most recent/likely address. The file was updated automatically, and the Claim Form was issued there.
    'The file was updated automatically' with the wrong address??

    And they expect you to pay for their flawed automated process?
  • I will be seeing them at the hearing, their procedural issues do not warrant a £311 charge.
    I will consider sending this as an Annex although I believe this has been issued to the Court too.

    I need to find some grounds to defend the original ticket given my circumstances.
    I see signage in place but the original ticket was from 2019 and I have no idea if the signs were in place then.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 27 May 2022 at 5:47PM
    I see signage in place but the original ticket was from 2019 and I have no idea if the signs were in place then.
    Maybe Google Street View can help with that.
    Last time the GSV car went through the car park was in July 2016 and there doesn't appear to have been signs then.

    By September 2017 this sign can be seen...
     [click on the image]

    That same sign appears to have been there in March 2019 and August 2020.
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