UKPC / DCB Legal - vehicle owner/ driver left site

Coupon-mad

That's a good first third of facts and exhibits but the rest is copied from an old WS. You should be using the ones linked in the NEWBIES thread.

Also:
Please find time to do the Justice Committee Inquiry before it closes next week:

https://forums.moneysavingexpert.com/discussion/comment/80375249/#Comment_80375249

"The Committee invites evidence on:

• What the current level of delay in the County Court is

• The ways in which the County Court engages with litigants in person, and how this could be improved

• The causes of action giving rise to claims in the County Court

• What future reforms to the County Court should be considered."

Please tell them that private parking firms and their bulk litigators are the main problem as far as small claims delays are concerned, as they dominate court lists.

Parking claim numbers are rising exponentially and will make up about a third of all small claims by the end of 2023 (going by the 2022 figures that the MoJ divulged in the DLUHC's recent Parking Code of Practice draft Impact Assessment).

The Committee should recommend that private parking cases be removed from the small claims system, instead using a new 'parking pre-action protocol' (requiring use of ADR instead of inflated debt demands and bulk litigators who want court).

Tell the Committee about your claim and show the Claim Form and the dodgy £170 debt letters which preceded the claim.

Tell them there was nothing you could have done to avoid court except pay up, yet this was an unfair parking charge that any competent bespoke ADR would have cancelled

The courts and consumer Defendants are being used and abused by parking firms making a mint (and it's not just the parking operators, it's the legal firms making millions).  This is a hidden (unknown to many people) scandal affecting hundreds of thousands of people every year.

Please tell the Committee that the private parking legislative framework needs to be removed from the county court altogether.

To protect consumers from this harm, snd to instantly relieve the pressure on the Small Claims CNBC and MCOL system, parking cases should NEVER go to county court and should not be able to affect people's credit rating, as a matter of national policy.

Please add your voice.

Interested parties have until 14 December to make a submission to the committee.

furac40

I am struggling to find the WS's from @_blueberry_ and @vincentvega27 , are they still available, can you please send a link.

 

The "notice of allocation to the small claims track (hearing)" letter received is not giving a hearing date. It says WS's must be sent to each other and the court by no later than xx... and " The final hearing of your case has been allocated 1hr ... The time, date and venue of the hearing are set in the hearing notice which accompanies this order. The hearing will take place as an attended hearing in a Courtroom. I did not receive a separate "hearing notice" letter.

Johnersh

I'd make the statement much shorter if it were me. No need to distinguish Beavis or any of that guff. The point is that there was no breach of contract if the driver never left the site. That is presumably the heart of the defence, so the factual evidence needs to major on that not be watered down by irrelevant material/mere argument.

The o/p was *there* a standard PPC statement is usually made by an office person who has never been. That in my mind (quality of factual evidence) is the point to major on. The statement usually consists of an interrogation of what their computer says which, in a case such as this, does not take the court much further.

What I might say is that C has never provided any evidence that D did leave let alone as to the property boundary. Unless and until there is witness evidence from *the parking operative* that placed the ticket (rather than any other employee) before the court it is unclear that C has any evidence to support the claim advanced. 

Why are there no photos?
Is it not possible that the operative could be mistaken?

The only legal argument/point to make should be that if no such evidence is available and the matter proceeds to trial, D will invite the court to draw an adverse inference from the failure to call a relevant witness and to dismiss the claim.

Umkomaas

furac40 said:

I am struggling to find the WS's from @_blueberry_ and @vincentvega27 , are they still available, can you please send a link.

 

The "notice of allocation to the small claims track (hearing)" letter received is not giving a hearing date. It says WS's must be sent to each other and the court by no later than xx... and " The final hearing of your case has been allocated 1hr ... The time, date and venue of the hearing are set in the hearing notice which accompanies this order. The hearing will take place as an attended hearing in a Courtroom. I did not receive a separate "hearing notice" letter.

Just simply click on the respective username to take you to their profile page. Then click on 'Reactions' which will list the threads started by that user. 

Coupon-mad

The reason the usernames are given is because they are links already.

furac40

Updated WS, please let me know your tghouts. https://app.box.com/s/wskfzlzr544s335p1vdlkrsj2ycodzru

Can I submit the WS without referencing the hearing date?

Typically how far away is the hearing date after the WS due date?

Coupon-mad

furac40 said:

The "notice of allocation to the small claims track (hearing)" letter received is not giving a hearing date. It says WS's must be sent to each other and the court by no later than xx... and " The final hearing of your case has been allocated 1hr ... The time, date and venue of the hearing are set in the hearing notice which accompanies this order. The hearing will take place as an attended hearing in a Courtroom.

I did not receive a separate "hearing notice" letter.

You should ring your local court and while on the phone, double check their email address for witness statement bundles and ask  if they have a page limit.

furac40

I have just received the N279 Notice of Discontinuance  from DBCL. The email states it has been filed with the Court. 

I did not send my WS to neither the Court or the C and it's due date is in 2 days. Is this claim closed now or should I check with the Court?

Umkomaas

furac40 said:

I have just received the N279 Notice of Discontinuance  from DBCL. The email states it has been filed with the Court. 

I did not send my WS to neither the Court or the C and it's due date is in 2 days. Is this claim closed now or should I check with the Court?

If you have the N279 from DCBL in your hand, that should be it. But, if you want to be further reassured, then call the court. Well done in seeing this one through. I'm listing your case in the DCB Legal Discontinuation thread. 👍

furac40

Umkomaas said:

If you have the N279 from DCBL in your hand, that should be it. But, if you want to be further reassured, then call the court. Well done in seeing this one through. I'm listing your case in the DCB Legal Discontinuation thread. 👍

DCBL sent the N279 form via email. Thanks for all your help.