DCBLegal

FrequentOverstayer

@KeithP awesome I see that, I resided on the left-hand side opposite currys and I don't recall seeing any signs as I stated above, I went there myself in the dark not long ago and saw signs but I have no way of telling if those same signs were there in November 2019. (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)

Coupon-mad

You just need to do what @Jack5656 has done with his defence before his set aside hearing.

It is appalling that they have the brass neck to try to get you to pay them £311 on top of your £275 fee (as if that's doing you a favour) yet we can all see that they know they screwed up and that the Judge will likely order the £275 against them (as long as you ask...). Their behaviour has certainly been unreasonable.

They are stuffed and they know it and are trying to mitigate the position and avoid paying your £275 fee.  Same as I said to Jack5656; he is a bit ahead of you in the process so read what he has done, from your stage, to date, including his defence because he doesn't know much about his case either. 

That's very common and pretty easy to add something to the forum's template defence.

FrequentOverstayer

Hi Guys,
update received a letter this week stating that the case has been transferred to a local county court and I await the date.

As soon as I have the date I will be double checking to make sure they have my Defence and WS. I will also be modifying and submitting further defence highlighting the letter I received from DCBL, funny how they can use the correct address when it matters! 

The time, effort and stress this process is causing has to be a factor. As someone that lives on their own this robotic default CCJ is playing absolute havoc with my credit rating. 

FrequentOverstayer

Well, you wouldn't believe it!
After months and months of this ongoing saga, it is set to continue as the date of the set aside hearing they have provided is when I'm on holiday. I know it's a remote hearing but I worry about the unknown reception not being the best given I will be in a foreign country.

Is there anything I can do to get this moved?
I also understand its highly unlikely DCBLegal are going to turn up given that they have sent me a "consent order"

I just want this off my back

FrequentOverstayer

Coupon-mad said:

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.

Thanks for the above, this is definitely my defence after carefully undertaking research.

See the reviews here: https://en.parkopedia.co.uk/parking/carpark/chaul_end_lane_retail_park/lu4/luton/?arriving=202207171500&leaving=202207171700

"Not aware of parking charge. Spent two and a half hours in currys buying a washing machine only to receive a letter stating i spent too long and fined £60. Absolutley disgraceful"

"I would avoid here unless you want to pay a parking fine on top of spending your hard earned money in the shops and restaurants. 2 hours is not enough for all the amenities there and it is not obvious you have this limit to park"

"Shops that you can spend more than 2 hours in and if you're not from the area, not obvious there's a 2 hour limit unless you go looking for signs"

"I went to this retail park to collect a play station for children for Christmas and because I had to queue I stayed for 2 hours and 16 minutes. I now have £60 fine for shopping there. I can’t believe how mean that is. Definitely won’t be shopping there again!"

All of the reviews mention signage in this location, I am not the only one and I won't be the last!!! 

Coupon-mad

I also understand its highly unlikely DCBLegal are going to turn up given that they have sent me a "consent order".

Right. And you've emailed the court to confirm that you have NOT consented, had never seen that draft order before and certainly do NOT agree not to claim your costs from this vexatious litigant?

Re the date , IMHO you are probably stuffed on that and should have emailed your court as soon as you booked holiday abroad, to ensure they avoided your unavailable dates.  

You'll have to ask for a remote hearing and take all the paperwork/laptop on holiday because the court probably won't change it without a three figure fee.

FrequentOverstayer

@Coupon-mad
The hearing goes ahead, Xth October they will confirm the day before.
I have been rereading the response from DCBL they state that 

- Terms of signage are very clear, the maximum period of 2 hours, I was 2 hours 53.

- Charge notice and reminder notices served to the address DVLA had on file, this allows me to nominate a driver or make payment. Payment or driver details were not received.

- If not received liability lies with me as the registered keeper, it is my responsibility to inform DVLA of the address change

- I did not dispute the PCN within my Set Aside application

SO, as it is a set aside hearing and I have not provided driver details, is it in my interest to defend the PCN using the signage disputes above or not?

Their argument about the address is stupid because in my SAR request I sent them my current address and they still sent the court order to my old address, so a savvy judge will side with me here.

I just want to get my ducks in a row prior to the hearing I have around 20 days to do so. I just want to try and avoid a second hearing if possible. Any advice please

Coupon-mad

File and serve a 'claim is dead' Skeleton argument plus the 4 case authorities, as seen in the thread by @Brokenchief

FrequentOverstayer

Coupon-mad said:

File and serve a 'claim is dead' Skeleton argument plus the 4 case authorities, as seen in the thread by @Brokenchief

You are my shining light in this process and your efforts are commended.

I have drafted it and I am ready to send it, am I required to share my skeleton argument with the claimant?
I want to follow the process but equally don't want to allow them time to respond on any points

Coupon-mad

Yes.  You must share with the claimant's legal team, but you can file & serve that (plus your costs assessment) the week before the hearing.

Don't email anything to Northampton CCBC because this is with your local court now.