Yet another UKPC / DCB Legal LTD - WS Bundle

Le_Kirk

Yes, it should show, when did you send it and what day of week and time of day.  We have heard of slow updating by CCBC recently and issues if sent outside of normal working hours; did you receive and auto acknowledgement when you sent it?

aphex007

Le_Kirk said:

Yes, it should show, when did you send it and what day of week and time of day.  We have heard of slow updating by CCBC recently and issues if sent outside of normal working hours; did you receive and auto acknowledgement when you sent it?

@Le_Kirk is was sent on Wednesday the 16th of March after 8pm and yes I did receive the auto acknowledgment.  Just checked MCOL again and it's still not showing?

KeithP

aphex007 said:

Le_Kirk said:

Yes, it should show, when did you send it and what day of week and time of day.  We have heard of slow updating by CCBC recently and issues if sent outside of normal working hours; did you receive and auto acknowledgement when you sent it?

@Le_Kirk is was sent on Wednesday the 16th of March after 8pm and yes I did receive the auto acknowledgment.  Just checked MCOL again and it's still not showing?

As you have received an auto acknowledgement, you have nothing to worry about.

aphex007

Great thanks for confirming @KeithP

aphex007

OK the MCOL now reports DQ filed on X date, but this is not the date of when I sent the email/received the automatic response (which was before the deadline).  In addition, it also advises the claim has been transferred to the correct court on the date they stated my DQ was filed.

Do the incorrect dates matter?  It looks like they are probably reflecting the date the CCBC read the email and not the date it was sent?

KeithP

Again... that's fine, you have nothing to worry about.

Coupon-mad

No, it doesn't matter.  It's their delay, not yours.

aphex007

OK I now have the document "Notice of Allocation to the Small Claims Track (Hearing)" which confirms the Hearing date for September 2022.

It also details the following:

2. The parties shall by xx.xxpm on xx June 2022 file at Court and server on each other any written evidence upon which they propose to rely, which shall include statements of the parties themselves if they wish to give evidence;

Obviously there is more to the document then the above, but I can see no mention of the "Witness Statement" and/or submitting it and other documents 14 days before the hearing data?  I may be answering my own question, but because of the use of the words "evidence" and "statements" does that equal the same?


I'm slightly confused by another section i.e.:

4. Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within 7 days of service of this order.

KeithP

"statements of the parties themselves" is witness statements. So that paragraph 2 is telling you that you need to file and serve your Witness Statement and evidence by the date specified.

That paragraph 4 is always there when an order is made without a hearing. You can ignore that if you have no objection to the instructions that have been made.

aphex007

OK thanks for confirming @KeithP

So clearly in my instance it is much sooner than 14 days before the hearing, in that I have to submit WS/evidence!  I assume it will vary with all the different courts in the country?

I've also already had what appears to be the standard phone call from DCB Legal asking if I was interested in a without prejudice settlement to settle outside of court.

I have re-read https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou/p1

So as per the part of the above article the evidence I now need to provide should include for example (obviously not all is applicable):

(a) a copy of the Beavis case sign as a comparison to show how awful the small print sign was in yours case (see Google images - it's yellow and black)

(b) photos proving the scarce/illegible small print signs & a view showing the lack of entrance signs, etc.

(c) maybe a video of how it looks from a car? Get a passenger to hold a camera or phone and record the lack of signs in similar light conditions.

(d) if you are defending as keeper, not driver, include a copy of Schedule 4 of the POFA - there is a link in post #1 above. Plus a copy of Henry Greenslade's wording from the POPLA Annual Report 2015 'Understanding Keeper Liability'.

(e) a copy of your lease or tenancy agreement if this is an 'own space' or 'block of flats' dispute where YOU have primacy of contract.

(f) case transcripts that support your argument (get them from the Parking Prankster's case law page), e.g. if arguing prohibitive 'forbidding parking' signs which offer no contract a driver can accept, you need PCM v Bull; if arguing that this is a residential space where the tenant/leaseholder has already been granted the right to park or unload, you need Jopson v Home Guard (appeal) and PACE v Mr N, etc.

(g) the IPC or BPA Code of practice, where it supports your case (e.g. grace periods) but be sure to use the RIGHT version for the date of parking.

(h) Pay & Display ticket, if the driver paid. DON'T argue 'no loss'!

(i) the Approved Judgment from Southampton, plus paras 98, 193 and 198 from Parking Eye v Beavis copied & pasted onto a single sheet.

WITNESS STATEMENT - EASY STAGE - YOUR 'STORY' & EVIDENCE
A current good example of a Witness Statement:

https://forums.moneysavingexpert.com/discussion/comment/77614685/#Comment_77614685

This is a simple stage. Adapt that WS. Copy the style of index and how the photos are presented, and a lot of the wording, just putting your own narrative in your own words as the first few points. There is also a Costs Assessment shown there (and his defence, if you are at that earlier stage but reading ahead).

Q1. I'm going over old ground here but one of my initial questions is, in MY case, there were no signs whatsoever on the road I was parked on (as per my opening statement on Page 1 of this post), therefore why would I provide the evidence of a sign that UKPC had taken a photo of that was on a different road?  But the photo they did provide from the SAR is illegible as per page 2 of my post?

Q2. Can anybody suggest some good current "WS/Evidence" examples on the forum that may be more applicable to my case?  Or is the one suggested underneath the "a" to "i" examples from September 2020 above still good/applicable/current?

Q3. Is it common practice and/or a good idea to repeat the defence at the start?

Q4. Is it just luck if I receive the Claimant's WS/Evidence long before the deadline (which is approx. middle of June 2022) before submitting/serving mine?  I'm really unclear on that aspect as well?