New Generation Parking Management & DCB Legal Claim Stage

KeithP

Jinef said:

Coupon-mad said:

If you haven't done your WS yet, use this chance to pick holes in their evidence.  Base your WS bundle on the one finalised by @aphex007 on their thread which you can click to in 2 clicks.

Obviously the WS bundle is emailed to the local court hearings email and the C's solicitors (and certainly NOT TO THE CCBC IN NORTHAMPTON).

...when is the deadline on the date in question, there is no time deadline as there is for the Claimant Court Trial Fee.

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those documents you intend to rely on are your Witness Statement and evidence.

Jinef

I have my hearing today. I will be accompanying the registered keeper and will ask the usher to go in as a ‘lay rep’.

Going in hopeful as feel I have a good case with poor signage layout and it being very dark however also wouldn’t be surprised if I have to pay either (but hopefully only original parking charge and court fees) - will argue against the inflated extra charges.

Will update you later …

Umkomaas

Good luck. Be confident, head held high. 

Le_Kirk

Good luck, looking forward to reading the outcome later.

Jinef

Case dismissed. Parking company could not prove vehicle was within its area of operation. Poor demarcation of where the boundary lay.

The judge said initially ‘your witness statement was comprehensive and you should be commended on putting it together’ however at judgement said ‘your defences, 19 in total were on the whole hopeless as the cases cited were not applicable’.

It also seemed to rest on his local knowledge of the area and the fact that it was demarcated poorly. He said the parking company did not have the burden of proof and I was lucky and then proceeded to dismiss it.

Umkomaas

Very well done, another PPC court claim blown away. 

however at judgement said ‘your defences, 19 in total were on the whole hopeless and had little legal merit’.

19 what in total?  Did you write 19 defences, or perhaps 19 separate lines with different defence angles? Don't quite understand. Did you construct your own, or did you use the template from the forum?  Can you please clarify?

However, a win is a win, NGPM put to the sword. 🗡️ Nice one.

Le_Kirk

There must have been some (legal) merit as the WS that the judge said was comprehensive was based on your defence! Anyway, well done on the win.

Jinef

Umkomaas said:

Very well done, another PPC court claim blown away. 

however at judgement said ‘your defences, 19 in total were on the whole hopeless and had little legal merit’.

19 what in total?  Did you write 19 defences, or perhaps 19 separate lines with different defence angles? Don't quite understand. Did you construct your own, or did you use the template from the forum?  Can you please clarify?

However, a win is a win, NGPM put to the sword. 🗡️ Nice one.

This was the template defence, only modified to fit the circumstance. It had 19 points to it.

I think the morale of the story for me was I went militant. I would not do this again in the future and the claimant did make a point I had not engaged in the appeal process. Also in the 3 years since I have learnt a lot about the process and what I thought constituted defence or mitigation at the beginning I now realise is irrelevant to some degree. I would only consider going to court again if I had clear evidence of the parking company being in the wrong in some respect. The stress of this hanging over me (and by proxy the registered keeper also) has not been inconsequential.

Very happy it’s over!

Coupon-mad

Well done!

But what a waste of your time - grrr!

ANOTHER NGPM ONE BITES THE DUST!

And...get your revenge for this harassment.

Never mind that you wouldn't want to do it again; you CAN help to stop this happening in to motorists in the future.

Please don't miss the upcoming Public Consultation to change the private parking law and cap the 'greedy money' down at a lower level.

You must take part, you know how horrific this is and have won your case, but how draining and stressful this crap is - and why should consumers have to suffer this relentless bullying claptrap?

Explained here:
https://forums.moneysavingexpert.com/discussion/comment/79803066/#Comment_79803066

Don't disappear!

Please do bookmark the relevant thread linked in that reply and set email alerts.

patient_dream

Jinef said:

Case dismissed. Parking company could not prove vehicle was within its area of operation. Poor demarcation of where the boundary lay.

The judge said initially ‘your witness statement was comprehensive and you should be commended on putting it together’ however at judgement said ‘your defences, 19 in total were on the whole hopeless as the cases cited were not applicable’.

It also seemed to rest on his local knowledge of the area and the fact that it was demarcated poorly. He said the parking company did not have the burden of proof and I was lucky and then proceeded to dismiss it.

Well done .. there are 3 points here

1: You knew you were right
2: The Judge knew you were right
3: A legal who did not have a clue