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DCB Legal - UKPC - County Court Business Centre

2456

Comments

  • Umkomaas
    Umkomaas Posts: 43,839 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please do not park in a parking bay reserved for permit holders, any unauthorised vehicle parked in a permit holder only bay will receive a parking charge
    Which is most certainly not a 'fine'. 
    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: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    And that sign (as quoted by the OP) does not quantify this parking charge.  Therefore there was no agreement to pay £? (How much?) on default.
    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
  • iw1234
    iw1234 Posts: 24 Forumite
    10 Posts Name Dropper
    And that sign (as quoted by the OP) does not quantify this parking charge.  Therefore there was no agreement to pay £? (How much?) on default.
    Here is the sign in full:
  • iw1234
    iw1234 Posts: 24 Forumite
    10 Posts Name Dropper
    The red circle shows where the vehicle was parked - this is apparently reserved for a particular firm - the other spaces to the right of it are pay and display spaces. - t
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 11 December 2022 at 2:40PM
    That sign shows, in reasonably sized lettering, that if you park in the wrong place you will be charged...


    ... but it doesn't say there how much you will be charged.


    Further down that notice, in the tiniest print, it does mention the £100 reduced to £60...



  • iw1234 said:
    The red circle shows where the vehicle was parked - this is apparently reserved for a particular firm - the other spaces to the right of it are pay and display spaces. - t
    THE SIGN v THE CLAIM

    DCBL have stated  .......  Contract entitles C to damages AND THE CLAIMANT CLAIMS
    1.£160 being the total of the PCN(s) and damages ?

    WRONG DCBL ..... the sign is the contract and the word DAMAGES are not to be seen.  The sign refers to debt collectors being instructed  and says clearly "at which point an additional £60 will apply"?
    That simply means that a dimwit debt collector will add a fake £60

    Debt collection and damages are two different entities and meanings
    Any intelligent legal should know that ?
    As such, DCBL have lied toyou and the court calling it damages
    IT IS COMPLETE FAKERY

    If this does end up in court will DCBL lie to the Judge as well or will they pull their normal little trick to save a court spanking and discontinue another rubbish UKPC claim

    AND IF IT DOES GO TO COURT, have your costs ready

    We are currently in the height of a mickey mouse industry
  • iw1234
    iw1234 Posts: 24 Forumite
    10 Posts Name Dropper
    KeithP said:
    iw1234 said:
    They have now issued a county court claim - issue date is 29 November 2022 and I have submitted AOS on 3/12/22 and this shows as received on 5/12/22.
    Hello and welcome.

    With a Claim Issue Date of 29th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 3rd January 2023 to file your Defence.

    That's nearly four weeks away. Plenty of time to produce a Defence and it is good to see you are not leaving it to the last minute.
    To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.
    Don't miss the deadline for filing a Defence.

    Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.
    I just wanted to double check the dates above - I have seen some mention of 28 days from claim issue - is this the case? Could you please provide, if possible, an explanation for how you arrive at 3/1/2023 as the deadline. 

    Also, is it the case that as long as my defence is emailed to the Court by 4 pm on that day (I will of course try for earlier) that this would be sufficient to meet the deadline, or is there a need to send it earlier than that?

    Thanks in advance. 
  • Your photo showing where you parked will demonstrate to most fair minded judges that the permit holder bays were not adequately signed especially when reversing into the bay.They are very low down and I can only see ‘parking conditions apply, not ‘Permit Holders Only’. 

    Their signs have to be clear and obvious in order to claim you agreed to their terms and conditions.  It would have been easy for them to install larger signs at a sensible height with Permit Holders Only - but that doesn’t earn the scammers any money.
  • iw1234
    iw1234 Posts: 24 Forumite
    10 Posts Name Dropper
    I am preparing to submit the defence - it is fairly simple and I have tried to keep it like that - any final thoughts on it? Also, can I use an image of my signature which I then convert to a PDF file (from the Word defence file) which I email or do I need to sign a hard copy and then scan that? Thanks in advance.

    2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

    3. On XX September XXXX, the Defendant parked the vehicle XXX XXX at a car park to the rear of the AAA café (“AAA”), XX XXXX Road, Birmingham, XX XXX while visiting the AAA café.  The access to the car park is from XXXXX XXXXX.  The vehicle was reverse parked into the parking space.  The Defendant understood that this car park was a pay and display car park.  The Defendant purchased a valid ticket for the duration for which the vehicle was parked and this was displayed prominently in the front windscreen of the vehicle.  The ticket was valid for the duration that the vehicle was parked.  The signs referred to by the Claimant in relation to this specific parking space are not visible or readable.  Permit holder bays are not adequately signed.  The demarcation between pay and display spaces and other spaces in this car park is not clearly delineated. 



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