County Court Judgment

Grizebeck

63realfan said:

Grizebeck said:

Coupon-mad said:

Yes you must, if it is over £600 (because you'd otherwise have HCEOs knocking on your door).

If it's under £600 I think @Grizebeck might tell you that this DCB LTD letter is hot air.

Indeed it will be 
Nothing ever happens for under £600 with parking firms

Yeah the CCJ is for £305. Thought it may of been worth sending them a message 

Nope not at all. 

63realfan

Update - the court have sent me a letter (actually received this one) stating to both me and parking eye that the court case has been transferred to my local county court & await a date, time and place. Is this a good or bad thing? 

KeithP

Surely that was what you were expecting, wasn't it?

63realfan

KeithP said:

Surely that was what you were expecting, wasn't it?

I was hoping they’d throw it straight out like Sasa’s one! 

63realfan

Finally got a court date set & don’t even have to attend. Doing the court hearing via online attendance - keep you updated on the result 

Coupon-mad

63realfan said:

Finally got a court date set & don’t even have to attend. Doing the court hearing via online attendance - keep you updated on the result 

Video platform?  That's like attending.
Have all your paperwork to hand, be prepared and assume the Judge hasn't read it.

63realfan

Coupon-mad said:

63realfan said:

Finally got a court date set & don’t even have to attend. Doing the court hearing via online attendance - keep you updated on the result 

Video platform?  That's like attending.
Have all your paperwork to hand, be prepared and assume the Judge hasn't read it.

You know what I mean!! Haha. Thank you. I’ve also received a massive witness letter with a load of details on from DCBL. They keep emphasising that I’ve ignored letters in the past and that there is strong enough evidence I’ve clearly ignored the letter before claim because of this. I’m really worried if the judge asks why I have not responded to previous letters and sees this as an oversight to not cancel the CCJ. They’ve also asked for the PCN fee and £130+ VAT for an advocate to attend the hearing along with dismissal of my set aside. They’ve picked up loads of stuff in my statements and quoted it and wrote defences along aside it. They’ve completely ignored the overwhelming evidence of the postal strikes so I am a tad worried that this’ll get flipped over on me. 

Also I visited the pub where I got the ticket. The new landlord has been there 6 months and was an absolute gent and said he would help if he could however since the previous landlord put them in place in 2020 he can’t help with the this particular case (I received the ticket in 2020 when the pub was closed due to covid & was parked there for 10 minutes..10 MINUTES!!) do you think as he’s the new land owner he could still overturn the ticket? 

I’m just worried the court will agree with the claimant for the sake of them having to pay the £275 back and put the CCJ aside and give me a fresh two weeks. Slightly nervous now after receiving a massive witness statement from DCBL analysing the case!!

Coupon-mad

They haven't analysed the case.

You've forgotten what I told you before, about why you didn't respond to the letters in early 2022.  As I said. your answer is that the letters bore all the hallmarks of a scam and that (as you say):

"I work for the police & have my own business so would HAVE (not 'OF'!) replied to a court claim, to not risk any harm to my business/work caused by a CCJ".

BUT you MUST state clearly that no LBC arrived AT ALL and you would not have (not 'of') ignored a LBC or a court claim, which has never arrived and appears to be part of a CCBC batch that went astray during the postal strikes before Christmas.

In fact you didn't ignore this PCN because it was appealed 5 years ago and you believed it was a scam because the car was only there for 10 minutes, which is within a reasonable grace period set by landowners at most locations.  There was no breach and the contract wasn't £160 or £170 - this is an abuse in itself.

You have never seen the claim so can only assume this is about the 2017 PCN that you appealed.

You always intended to defend this if ParkingEye had ever sued.  But they didn't.  No claim in 2018 and nothing for years, then a letter from DCB that bore all the hallmarks of a scam, adding a false £60 or £70 that was never on the sign.

You are asking for a set aside under CPR 13.3 because you did not receive the claim (at all) it was inflated by DCBLegal way beyond the alleged 'contract' on the signage.

AND you have good prospects of successfully defending it if the Claimant sends full particulars about the 2017 event, where the car wasn't even parked and merely went past the ANPR twice within 10 minutes while you (what? ...dropped off or picked up a passenger?  That's not parking).

Did you put in a draft defence yet?

Show us DCBLegal's words against your application, please.
 

B789

Without having to trawl back through 7 pages, what was the reason you got the CCJ by default?

63realfan

Coupon-mad said:

They haven't analysed the case.

You've forgotten what I told you before, about why you didn't respond to the letters in early 2022.  As I said. your answer is that the letters bore all the hallmarks of a scam and that (as you say):

"I work for the police & have my own business so would HAVE (not 'OF'!) replied to a court claim, to not risk any harm to my business/work caused by a CCJ".

BUT you MUST state clearly that no LBC arrived AT ALL and you would not have (not 'of') ignored a LBC or a court claim, which has never arrived and appears to be part of a CCBC batch that went astray during the postal strikes before Christmas.

In fact you didn't ignore this PCN because it was appealed 5 years ago and you believed it was a scam because the car was only there for 10 minutes, which is within a reasonable grace period set by landowners at most locations.  There was no breach and the contract wasn't £160 or £170 - this is an abuse in itself.

You have never seen the claim so can only assume this is about the 2017 PCN that you appealed.

You always intended to defend this if ParkingEye had ever sued.  But they didn't.  No claim in 2018 and nothing for years, then a letter from DCB that bore all the hallmarks of a scam, adding a false £60 or £70 that was never on the sign.

You are asking for a set aside under CPR 13.3 because you did not receive the claim (at all) it was inflated by DCBLegal way beyond the alleged 'contract' on the signage.

AND you have good prospects of successfully defending it if the Claimant sends full particulars about the 2017 event, where the car wasn't even parked and merely went past the

ANPR twice within 10 minutes while you (what? ...dropped off or picked up a passenger?  That's not parking).

Did you put in a draft defence yet?

Show us DCBLegal's words against your application, please.
 

Coupon-mad said:

They haven't analysed the case.

You've forgotten what I told you before, about why you didn't respond to the letters in early 2022.  As I said. your answer is that the letters bore all the hallmarks of a scam and that (as you say):

"I work for the police & have my own business so would HAVE (not 'OF'!) replied to a court claim, to not risk any harm to my business/work caused by a CCJ".

BUT you MUST state clearly that no LBC arrived AT ALL and you would not have (not 'of') ignored a LBC or a court claim, which has never arrived and appears to be part of a CCBC batch that went astray during the postal strikes before Christmas.

In fact you didn't ignore this PCN because it was appealed 5 years ago and you believed it was a scam because the car was only there for 10 minutes, which is within a reasonable grace period set by landowners at most locations.  There was no breach and the contract wasn't £160 or £170 - this is an abuse in itself.

You have never seen the claim so can only assume this is about the 2017 PCN that you appealed.

You always intended to defend this if ParkingEye had ever sued.  But they didn't.  No claim in 2018 and nothing for years, then a letter from DCB that bore all the hallmarks of a scam, adding a false £60 or £70 that was never on the sign.

You are asking for a set aside under CPR 13.3 because you did not receive the claim (at all) it was inflated by DCBLegal way beyond the alleged 'contract' on the signage.

AND you have good prospects of successfully defending it if the Claimant sends full particulars about the 2017 event, where the car wasn't even parked and merely went past the ANPR twice within 10 minutes while you (what? ...dropped off or picked up a passenger?  That's not parking).

Did you put in a draft defence yet?

Show us DCBLegal's words against your application, please.
 

Hi CM,

I will Ofcourse start that about the LBC etc. 

Sorry to confuse, this one is wasn’t the original one I thought it was from 2017. This one was from July 2020 of which I ignored completely. The pub I believed was closed at the time too but not 100% sure. The parking is 10 mins 54 secs but they put it down to 11 mins as a total. 

My draft defence is in and has been submitted since mid feb. My court date is on 5th (next Wednesday). 

I’ll submit what DCBL sent me today - just to warn it’s extremely long!