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

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  • Alex - I think you have done a great job. My only comment is that I thought it might be worth putting a description on your first photo as I wasn’t sure what it was trying to show. Apart from putting in your personal info it looks good to go.

    If the Claimant doesn’t pull out before the hearing (after seeing your WS) I would expect a reasonable judge to give them a spanking. If you attend court and win don’t forget to ask for your costs.
  • 1505grandad
    1505grandad Posts: 3,814 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Quick skim only but noticed:-

    Para 15  -  ". In the present case, the Claimant has fallen foul of those tests (See Exhibit xx-15 for paragraphs of ParkingEye v Beavis).

    Exhibit schedule and evidence (15) actually state:-

    "XX-15 Britannia x Crosby Approved Judgment – Southampton Court      28-35

  • Umkomaas
    Umkomaas Posts: 43,417 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Exhibit schedule and evidence (15) actually state:-

    "XX-15 Britannia x Crosby Approved Judgment – Southampton Court      28-35
    Old case, no longer recommended as a reference as the claimant will counter with Semark-Jullien (not a convincing case, but is used frequently to undermine Crosby). 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 152,567 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yep, no-one should use Crosby any more. Don't use the WS example in the NEWBIES thread by RobertCox as things have moved on.

    Recent good example WS bundles are by:

    @Daiapolon2021 

    @aphex007 


    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
  • Umkomaas
    Umkomaas Posts: 43,417 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thank you for update. Well done on seeing this shower off. 'Don't Pay, Send Them Away'!  Standard form from DCB Legal - receive decent WS, run away. 

    Your thread has now been linked in the DCB Legal 'Chicken Out' (again!) thread.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Alex1801 said:
    Thank you all so much for your help throughout the whole process, I honestly could not have got to this point without your help. I submitted my WS and evidence last week and then a letter arrived yesterday from DCB Legal saying the claimant has decided to discontinue with it and close the case. I'll await the confirmation from the court. 
    Great news ....... it's all very amusing that they say their client decided, more like DCBL told Highview it was a rubbish case from day one ... but they still wanted to try and mug you before they got another court spanking

    DCBL have indeed become the biggest timewasters who have no respect for the courts and the courts should take action against them.

    For the motorist this is all good news to prove to government that this a "Kray Twins" industry ... from the ATA's, the PPC's, cranky debt collectors and third world pretend legals ..... all on a suicide mission

  • Coupon-mad
    Coupon-mad Posts: 152,567 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 September 2022 at 10:52AM
    Alex1801 said:
    Thank you all so much for your help throughout the whole process, I honestly could not have got to this point without your help. I submitted my WS and evidence last week and then a letter arrived yesterday from DCB Legal saying the claimant has decided to discontinue with it and close the case. I'll await the confirmation from the court. 
    Yay! ANOTHER ONE BITES THE DUST!

    Well done for winning.  And...

    ...please don't leave us yet!
      
    We need you - as a genuine PPC victim of aggression, sharp practice and an 'extortion' attempt to add £70 - to respond robustly to the Public Consultation on the level of parking charges and banning of the false added DRA 'fee' that too many honest motorists currently fall victim to.

    It will need consumer input (powerful voices) but change is afoot. It's taken about 5 years to get to this stage:
    https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

    And then the industry threw victims' money at it and blocked and delayed it - explained here:
    https://forums.moneysavingexpert.com/discussion/comment/79310609/#Comment_79310609

    Please now Bookmark BOTH threads and set up email alerts on your posting profile, so that you get an email alert when we post there, as we will, once the Public Consultation opens later this year, once the new Ministers are fully appraised.

    We need people like you and your driving family & friends to respond in high numbers! You have a personal story to tell about the culture of getting a DRA to add a pointless £70 for their own profit, to be let loose to intimidate people.


    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
  • Well done Alex1801 for standing up to them and seeing them off.  They took one look at your WS realised they would get spanked in court and dropped it. Shame the industry is full of greedy scammers otherwise the unfairness of the PCN would have led to it being  cancelled years ago. 
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