County Court Claim - Highview Parking / DCB Legal

Le_Kirk

Your best example for format and style of a witness statement is that by @aphex007; you will of course use YOUR witness statement to back up and support YOUR defence with evidence.  Do not attempt to send by post, use e-mail but beware that courts sometimes impose a 50 page limit.  You should be able to find the e-mail address of the court and the claimant by asking Auntie Google.

Coupon-mad

DCBLegal will discontinue after trying to persuade you to settle.  Simple stuff.

Don't do what @rose2807 did, and fall for their last gasp effort to get money out of you. Instead look at the threads by: 

@pandapop88

@sesabear

That's what will happen - but crack on drafting your WS anyway.

vwpbbb

Hello all,

 I have prepared my draft WS which can be see in the dropbox link https://www.dropbox.com/s/i4f13xhi0ic9q98/Witness%20Statement%20Draft%20vwpbbb.pdf?dl=0 . Please let me have your invaluable feedback on this.

 I was wondering if after paragraph 10 I should include a paragraph about my unsuccessful appeal ‘I appealed the parking ticket with Highview Parking back in January 2017 which was rejected and again, I appealed with POPLA back in January 2017 which was also rejected’    

 I am unsure if I should only include £95 loss of earnings in Defendant’s Schedule of Costs or should I include Further costs for Claimant’s misconduct, pursuant to Civil Procedure £285 as well.

 Once my WS is final, I will sign and date the declaration and defendant’s schedule of costs and email to  County Court Uxbridge on countycourtuxbridge@justice.gov.uk and to the claimant representative info@dcblegal.co.uk. The deadline is no later than 4pm on 27th Feb 2023. However, I have not received any hearing date as yet.

Thank you.

Not_A_Hope

I could not work out from the photos or satellite view which route or entrance you took onto and off the Paradise Fields car park nor where the ANPR cameras were situated. It might be useful to explain for the judge or include on the exhibits.

You have stated that Highview are a BPA registered company but discuss in para 22 that the IPC only allowed 4% of appeals. I would remove this reference as it doesn’t apply to your case.

In paras 26 and 32 you discuss ‘banned costs’. You need to amend this to indicate that they are intended to be banned under the new COP.

You can include your para about further costs but don’t expect to be awarded them. In the small claims court getting any further costs requires gross misconduct by the claimant and it is a high bar to cross. Not accepting your appeal and dragging you to court is unlikely to be deemed worthy of further costs.

Once you have submitted your WS it is very likely the PPC will discontinue. If it does proceed to court and you win don’t forget to ask for your £95 costs

patient_dream

Not_A_Hope said:

Once you have submitted your WS it is very likely the PPC will discontinue. If it does proceed to court and you win don’t forget to ask for your £95 costs

I agree with you. But this is DCBL ? we have never seen one of these so called legals get involved with so much crap as DCBL do
The courts are fully aware of these timewasters especially when they discontinue.

This is a play out of "humpty dumpty" just waiting ... and it will not be the motorist

https://www.youtube.com/watch?v=nrv495corBc

ginjamyninja

this sign is just as you enter the carpark which shows the paradise fields carpark which is free to use, no signs are up in that section.

vwpbbb

Thank you for your feedback and advise. I will update my WS.

vwpbbb

Not_A_Hope said:

I could not work out from the photos or satellite view which route or entrance you took onto and off the Paradise Fields car park nor where the ANPR cameras were situated. It might be useful to explain for the judge or include on the exhibits.

You have stated that Highview are a BPA registered company but discuss in para 22 that the IPC only allowed 4% of appeals. I would remove this reference as it doesn’t apply to your case.

In paras 26 and 32 you discuss ‘banned costs’. You need to amend this to indicate that they are intended to be banned under the new COP.

You can include your para about further costs but don’t expect to be awarded them. In the small claims court getting any further costs requires gross misconduct by the claimant and it is a high bar to cross. Not accepting your appeal and dragging you to court is unlikely to be deemed worthy of further costs.

Once you have submitted your WS it is very likely the PPC will discontinue. If it does proceed to court and you win don’t forget to ask for your £95 costs

Hi, Thank you for your valuable feedback.

I will explain further in the WS regarding Paradise Fields Car park and ANPR cameras.

Do I remove the whole paragraph 22 or just this part ', the IAS upheld appeals in a woeful 4% of decided cases (IPC's 2020 Annual Report).'.

Will amend 26 and 32.

Not_A_Hope

Do I remove the whole paragraph 22 or just this part ', the IAS upheld appeals in a woeful 4% of decided cases (IPC's 2020 Annual Report).'.

I would remove it as it has nothing to do with a BPA member or your specific case

vwpbbb

I am very glad to receive just now an email from DCB Legal  the Notice of Discontinuance. The email reads as follows

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 wish to thank you all for your help and suggestions which has been so invaluable and very grateful for your time and guidance.