Letter Of Claim

coral501

Hello,

I have recently received a Letter of Claim from DCB legal for a PCN issued in 2019. I have requested the SAR from the New Generation Parking Managemant Ltd and DCB legal have put it on hold for a month.

They state "AS STATED ON THE SIGNAGE, PARKING IS FOR CUSTOMERS VISITING THE FACILITIES ON THIS SITE ONLY. CUSTOMERS USING THE FACILITIES NEED TO REGISTER THEIR VEHICLE REGISTRATION DETAILS UPON ARRIVAL FOR FREE PARKING FOR THE DURATION OF THEIR STAY.". The charge was £60, and now it is a 'debt' amount of £160.

I used their initial appeal way back in 2019, and stated I used the car park in the correct way and that I was a customer at one of the on-site facilities. In saying this, has this identified the driver? And because of this, do you have any general advice?

Thanks in advance.

Umkomaas

In saying this, has this identified the driver?

Let's see exactly what you said, otherwise impossible to say. 

And because of this, do you have any general advice?

Respond to the LBC as per the advice in the NEWBIES FAQ Announcement, second post.  One step at a time. 

Have you complained to the landowner and asked them to intervene - Plan A?

Coupon-mad

Your defence (once you get the claim) will be a combination of the Template defence (see Template Defence announcement) plus some paragraphs numbered 3 onwards in your draft, adapted from the Odeon hidden keypad defence (see NEWBIES thread ParkingEye example defences).

Do your research & preparation now.

coral501

Umkomaas said:

Have you complained to the landowner and asked them to intervene - Plan A?

I have complained to the premises I visited but they have told me unfortunately they are not the landowner. I have also asked them to provide evidence of the location of the 'car parking tablets' on the date in question.

Since the above I have written to the landowner and asked them to excuse the claim as I was customer at a premises on their site. To date I have had no response. Hopefully I will at least get an acknowledgement e-mail.

Coupon-mad said:

Do your research & preparation now.

OKay, thank you for this advice. Looking into those templates at the moment.

coral501

Umkomaas said:

Have you complained to the landowner and asked them to intervene - Plan A?

Having spoken to the landowner, they have said they are unable to do anything without a reservation at their building. However, the actual premises I visited which is on their land says their reservation records do not date back as far enough to confirm any reservation. Not sure where this leaves things, but it seems neither are willing to get involved. I have even sent them the details of the persons the reservation was booked under and the number of people it was booked for.

Trainerman

coral501 said:

Umkomaas said:

Have you complained to the landowner and asked them to intervene - Plan A?

Having spoken to the landowner, they have said they are unable to do anything without a reservation at their building. However, the actual premises I visited which is on their land says their reservation records do not date back as far enough to confirm any reservation. Not sure where this leaves things, but it seems neither are willing to get involved. I have even sent them the details of the persons the reservation was booked under and the number of people it was booked for.

Two things come to mind.  The first is whether you have alternative proof in the way of receipts, bank statements (redacted) or similar. The other is that you mention other people. This suggests that you can get statements from them, under a statement of truth, to say that you were a customer of the business concerned on the day in question.

coral501

Trainerman said:

Two things come to mind.  The first is whether you have alternative proof in the way of receipts, bank statements (redacted) or similar. The other is that you mention other people. This suggests that you can get statements from them, under a statement of truth, to say that you were a customer of the business concerned on the day in question.

I can get some statements at a push, ex girlfriend and associated family etc. How many statements is enough do you think? Also, do you know where I append these statements of truth, is there a proforma or something that exists? Many thanks once again!

Trainerman

One is corroboration, two better. It comes down to balance of probabilities and the Judge deciding that you really were a customer.  You will enclose them with your Witness Statement, not the defence. I just believe in getting my ducks in a row nice and early.

 I would use the same statement of truth as appears on the current defence template.

Coupon-mad

Their witness statements will be the same at the top and bottom as your witness statement will be but that stage is going to be next year, because you don't have a claim yet.

The examples on the forum show the standard statement of truth that goes at the bottom of a WS (before the signature and date).  But don't ask them to do that now, do it in 2023 at WS stage.

Your defence doesn't attach anything but you'll hopefully already know that, from the Template Defence thread.