Highview Parking/DCB Legal County Court Claim

Mouse007

MissUltraViolet said:

I honestly hid behind my hands a couple minutes before reading your reply, I was expecting you to tell me so much was wrong I was worried I would have a breakdown lol.

  CM is only ever cruel to be kind

I trust you are grateful for the excellent advice and support you have received over this saga.

Can I ask a favour of you? Last week BBC’s WatchDog ran a story about rogue private parking companies and invited viewers to get in touch if they are struggling with an unfair parking charge.  Please email them at watchdog@bbc.co.uk about your problem. Perhaps (I've been through your whole thread and picked up)

After almost 6 years I am being taken to Court for £330.52 when I did not even park. The claim was originally struck out by the Court last August but somehow the parking company had it reinstated in November.

Then I received a letter one afternoon in December from my local court saying they are sorry but they have lost my defence and I have 14 days from the date of the letter to fill in the form they attached and provide my defence....again (ie by today!!!)

An hours worth of complete panic, trying to find everything, figure out how to fill the form in and a lot of printing later and ran out door to get all the paperwork down to court before they close. Only for the security guard to say 'sorry, nobody is here everything has shut down for Xmas

It’s ridiculous, I did everything the court asked and the Parking Company didn't and for their punishment they get to have another go and drag out the harassment a bit longer.

It's all very overwhelming and despite reading and re-reading advice online most of it goes straight over my head! I have no idea what a judge will think as I have never been to court before.

The stress is insane.

Of course edit as you see fit but I don’t think you need to add much more - the drama of you story is needed, not the technical case points.

You can see my sent email here

https://forums.moneysavingexpert.com/discussion/6418451/bbc-watchdog-if-you-are-struggling-with-an-unfair-parking-charge-do-get-in-touch#latest

Umkomaas

KeithP said:

@Umkomaas, I think the OP is heading towards filing a Witness Statement and evidence.
In which case it should be sent to the hearing court and in turn that means the MCOL plays no further part and will not be updated.

And OP, don't forget to send a copy of that stuff to the Claimant.

Cheers  @KeithP. Long day, long thread, I've deleted my post to avoid any confusion. 👍

1505grandad

A pedantic observation but is in the cause of consistency:-

 There is no middle "e" in Judgment  -  see the title of the Judgments docs you are exhibiting.

If you are not aware you can find the words to be amended by using Control + F in the WS and typing "judgement" in the resulting box.

MissUltraViolet

Starting to get everything added and sorted but just had a thought. I’m sure I have read somewhere that anything over 50 pages I can’t email, is that correct? Think this will end up being just under 70 pages (one of the exhibit judgments is 30 pages alone lol)

Im thinking I will need to print a copy and take it into court in person (will I need a copy myself for court day also?) should this be presented in some kind of folder?

Can I just email all 70 pages to DCB?

Umkomaas

MissUltraViolet said:

Starting to get everything added and sorted but just had a thought. I’m sure 1. I have read somewhere that anything over 50 pages I can’t email, is that correct? Think this will end up being just under 70 pages (2. one of the exhibit judgments is 30 pages alone lol)

3. Im thinking I will need to print a copy and take it into court in person (4. will I need a copy myself for court day also?) 5. should this be presented in some kind of folder?

6. Can I just email all 70 pages to DCB?

1. Happens, but it's not universal. Why not call the hearing court and check. 

2. Which is that?
3. Might have to if you can't crop it down to 50 pages. 

4. Yes, but you could work off a laptop or tablet. However, I'd err on the side of caution - if the judge has a paper copy, I'd have the same in case your electronic copy has different page layout and pagination gets out of sync, for example. 

5. Yep, with an index, numbered pages and separators where appropriate. 

6. Yep, let them print their own. Make sure when emailing you do a bcc to another email address of yours, or a friend or relative, to prove it's been sent to the solicitors and if your bcc(s) have received it, then they should have too!

MissUltraViolet

Umkomaas said:

MissUltraViolet said:

Starting to get everything added and sorted but just had a thought. I’m sure 1. I have read somewhere that anything over 50 pages I can’t email, is that correct? Think this will end up being just under 70 pages (2. one of the exhibit judgments is 30 pages alone lol)

3. Im thinking I will need to print a copy and take it into court in person (4. will I need a copy myself for court day also?) 5. should this be presented in some kind of folder?

6. Can I just email all 70 pages to DCB?

1. Happens, but it's not universal. Why not call the hearing court and check. 

2. Which is that?
3. Might have to if you can't crop it down to 50 pages. 

4. Yes, but you could work off a laptop or tablet. However, I'd err on the side of caution - if the judge has a paper copy, I'd have the same in case your electronic copy has different page layout and pagination gets out of sync, for example. 

5. Yep, with an index, numbered pages and separators where appropriate. 

6. Yep, let them print their own. Make sure when emailing you do a bcc to another email address of yours, or a friend or relative, to prove it's been sent to the solicitors and if your bcc(s) have received it, then they should have too!

Great, thank you. It’s the Lamoureux judgment, presumably I need all 30 pages of it?

I will definitely ask the court re the 50 pages before I start ordering folders (and ink lol) 

Mouse007

I had a right kerfuffle with this 50 page limit. The Judge issued an order to file by email and suspended the 50 page rule. The Court rejected the WS 4 days after we had filed it as instructed. They then refused Mrs Mouse entry to hand deliver the panic printed requested copy in fancy folder with labelled tabs. Visits by appointment only, but how can you get an appointment when they don’t answer the phone and take 4 days to respond to emails? - and no I’m not sitting on hold for 4 days on the phone.

After 2 stroppy letters with copies of the Judge's order they relented and printed. Judge now has 2 copies.

Great, thank you. It’s the Lamoureux judgment, presumably I need all 30 pages of it?

Go for it.

Boat_to_Bolivia

Mouse007 said:

I had a right kerfuffle with this 50 page limit. The Judge issued an order to file by email and suspended the 50 page rule. The Court rejected the WS 4 days after we had filed it as instructed. They then refused Mrs Mouse entry to hand deliver the panic printed requested copy in fancy folder with labelled tabs. Visits by appointment only, but how can you get an appointment when they don’t answer the phone and take 4 days to respond to emails? - and no I’m not sitting on hold for 4 days on the phone.

After 2 stroppy letters with copies of the Judge's order they relented and printed. Judge now has 2 copies.

Great, thank you. It’s the Lamoureux judgment, presumably I need all 30 pages of it?

Go for it.

Good for you and Mrs Mouse

All the best to you and boy Mouse at your Court hearing next week

Coupon-mad

EXCEL v Smith (appeal case, so it is persuasive) is more important as it has clout, unlike Lamoureux, so if you have to drop Lamoureux DO NOT drop Smith.

MissUltraViolet

We act for the Claimant in the above matter.  

Our client has instructed us to discontinue Court proceedings and close our file. Therefore, please find enclosed the Claimant’s N279 Notice of Discontinuance for your records.  

The attached has also been filed with the Court. 

We will now proceed to close our file accordingly. 

I am going to try call/email court to double check because I don't trust these *insert your own word here* as far as I could throw them.