Claim issued by UK Parking Control Ltd - Draft Defence

patient_dream

Teddington25 said:

Hi all - just a brief update, DCBL's claim was struck out by the Judge on the basis it wasn't pleaded properly and the claim was disproportionate! They have the opportunity to appeal it and they have tried to contact me today but I ignored the call. Will let you know if they choose to appeal/re issue! 

Well done, I think you had a judge who knew of CEL v Chan and is now going around the circuit, yours will be another one.

They tried to phone, what with and what for, a fit of madness they lost and what they are going to do next. 

All the courts will know that the DCBL model is just timewasting and probably a big cause to the backlog of the county court system 

You won, the Judge was clear so there is no reason why you should ever talk to DCBL again

If they try an appeal, it will cost them  and the PPC and there is no guarantee they will succeed, infact with the courts no doubt understanding the importance of CEL v Chan

Fools and their money are easily parted which would be a vindictive attempt to fool the court

And of course UKPC must wonder why their legal DCBL were told by a judge ....
"the case wasn't pleaded properly and the claim was disproportionate"
THAT MUST BE A BIG WORRY FOR ANY CLIENT

This will be interesting so keep us in touch

Coupon-mad

They can't appeal, because that point of law has already been decided on appeal, and the Judge was persuaded by that judgment.

AFAIK no Circuit Judge will knowingly re-hear the same legal point already decided by another Circuit Judge.

I think a PPC would have to ask for permission to leapfrog to the Court of Appeal - and I doubt they'd get permission because there is no 'error in law' in the Chan case - but if they did manage to push this point up the court food chain, I think they would be in extreme danger of making a persuasive decision binding!

At some point fairly soon I think we will start seeing the breach pleaded in parking claims. Some will be quicker on the uptake than others.