County Court Defence - Highview Parking Ltd/DCB Legal - Please help

Alex1801

Hi everyone. So over the next few days I plan to write my Witness Statement to send to the court/DCB legal as my deadline is 7th Sept for it as my hearing is dated for 5th October. 

Are the below steps all still relevant from the Newbies thread? 

At witness statement stage (usually NOT LATER THAN 14 DAYS BEFORE YOUR HEARING!) don't forget to file the evidence you will rely upon, which should include:

(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 Beaviscopied & pasted onto a single sheet.

Also is this still a good witness statement example to adapt?

 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).

Alex1801

An interesting read on the DCB legal post. Hoping they discontinue mine but I guess I need to do this Witness Statement just incase!

A UKPC/DCB Legal pattern is now emerging, the same as the Highview/CP Plus/GroupNexus/DCB Legal pattern that has evidenced itself over the past few weeks.

• Court claim issued
• Defence completed
• Hearing date given
• Witness Statement deadline dictated by the court
• Phone call from DCB Legal to defendant
• Email to defendant from DCB Legal with 'Without Prejudice Offer to Settle'
• If no response from/refusal by defendant, email from DCB Legal - 'Notification of Discontinuation' 
• Confirmation of discontinuation from the court follows

Common denominator - DCB Legal!

Sebi_895

Coupon-mad said:

Would I just try and find an email for my local court 

Yes.

For recent good WS examples, look at the threads by:

@wobs2k
@aphex007
@Daiapolon2021

CM gave you example WS to look at already.

I'm compiling my WS (with amazing insight from CM) against Highview/DCB Legal as well.
Best of luck to you.

Umkomaas

At witness statement stage (usually NOT LATER THAN 14 DAYS BEFORE YOUR HEARING!) don't forget to file the evidence you will rely upon, which should include:

Except yours is saying .....

The letter says that I need to submit copies of all documents I intend to rely on to the other party and the court no later than 28 days before.

You must comply with the court orders, not the NEWBIES FAQ Announcement in this context!

Alex1801

Apologies if this comes across as a stupid question but... is there a difference between the codes of practice on the https://www.britishparking.co.uk/ website and the one displayed on the GOV website https://www.gov.uk/government/publications/private-parking-code-of-practice/private-parking-code-of-practice website. I can see on the first that I would need to select the specific one from the time of the charge notice, but can I refer to the gov one in my WS and evidence too? Mainly focusing on the signage sections. 

Not_A_Hope

Each ATA either the BPA or IPC has its own Code of Practice which is designed to extort money from the public and the trade bodies rarely audit PPCs for compliance. The government Code of Practice is new to replace those of the BPA/IPC but is not yet in force until a judicial review of the new law has been completed. The relevant sections of the appropriate COP are worth quoting where they haven’t complied. Make sure you reference the BPA COP from 2018 when the PCN was issued. A judge may view the new government COP as useful guidance.

Umkomaas

Please be aware of the contents of the following thread:

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Alex1801

Hi, 

I have had a go at my first draft of the WS and evidence. I was hoping to send it tomorrow at some point (needs to be in for 4pm Wednesday) so if anyone gets a moment to read over it to see if there is anything major I need to change I would greatly appreciate it. My eyes are so tired from looking at the screen so I need to proof-read it again in the morning and check i've mentioned the exhibits correctly as i've moved a few things around. I haven't yet received any WS from the legal company so I can't mention anything they have said. Thanks in advance. 

https://www.dropbox.com/s/1raxgueankizs64/WS%20and%20evidence%20-%20Copy%20for%20Forum.docx?dl=0

KeithP

OK Alex, I now know your surname, and so will anyone else who looks at your Dropbox properties.

Suggest you make that less obvious.

Alex1801

KeithP said:

OK Alex, I now know your surname, and so will anyone else who looks at your Dropbox properties.

Suggest you make that less obvious.

Thanks Keith. I actually put a fake name just incase as I wasn't sure if people could see it or not. I've made it very different now anyway.