Urgent, court hearing in July, WHAT NEXT :(

ISTIAWAN

Hi - So I have had two of my fines discounted but I feel sick as today I received the company’s (UK PARKING CONTROL LIMITED) witness statement. So clearly they are pursuing a further 3 outstanding parking fines. 

My property is not owned by myself and my lease does not state I need a permit to park however they have quoted various points such as:

If one exists, any lease or Tenancy Agreement between residents and the Landowner does not

conflict with my Company’s ability to enforce the Terms and Conditions on the Land. My

Company’s contract with the Landowner was orchestrated to work alongside the conditions of

such an agreement. It is in the Landowner’s interest to ensure that there is no conflict between

the contract with my Company and the leases or Tenancy Agreements with the residents

themselves. It is important to note that each Term and Condition that my Company enforce on

the Land has been agreed to by the Landowner;

iv. The lease or Tenancy Agreement does not therefore legally designate ownership of the

parking spaces or a right to park on site. The Land in question is specifically assigned to a

permit holders. As per the aforementioned, the contract with my Company and the Landowner

and the signage surrounding the Land clearly indicated that unless the Terms of parking are

complied with, you are not authorized to park unless you are registered to do so with my

Company and doing so will result in a PCN being issued;

I do have a permit but only one permit for both our cars, at the time they took the pic I was parked outside my garage unloading my car ! 

Anyway I have now received a 63 page copy of the defence, feel totally sick about going to court!!! 

Gr1pr

I believe that you mean a 63 page Witness Statement, because the only defence in a standard case is your own. ( Unless you put in a counter claim. )

But, if you have received a bulky witness statement from the lawyers acting on behalf of UKPC ( so not from UKPC themselves. ) then the deadline must be imminent, so check that deadline on the court order from your local civil court and ensure that YOUR witness statement is submitted to both parties before the deadline expires, so to your local civil court plus a copy to the lawyers as well 

I do not believe that its signed by UKPC, not for one minute, it will be mainly a generic template response of a witness statement signed by DCB Legal on behalf of their client, generated by DCB Legal 

Its definitely not a Defence either, not by anybody 

Unloading the vehicle outside your garage is not parking, the vehicle wasn't parked, it was stopped during the unloading aspect, so the Jopson case probably covers legitimate unloading 

Last week I had a very large van outside my property and garage unloading a full new kitchen into the garage next door to me due to ongoing extension work, the van wasn't parked, it was stopped and being unloaded, then it left, all perfectly normal 

ISTIAWAN

It is a witness statement, sorry - panic mode has set in  
I hate the thought of going to court, the wording in the document is scary to untrained eyes like mine, but I guess thats how they win!! 

I did submit my defence, they have quoted me on almost every point and responded. Is is indeed signed by a DCB solicitor rep. 

ISTIAWAN

So I guess I am off to court.  

Gr1pr

ISTIAWAN said:

So I guess I am off to court.  

Not necessarily, they are following the procedures, as should you, meaning the exchange of witness statements plus any Exhibits too, exhibits that you mentioned early on , like tenancy agreements, the Jopson case etc, so your WS + Exhibits need drafting ASAP 

The claimant, or in this case DCB Legal on behalf of the claimant, must decide if they are going to pay the court hearing fee, or discontinue , that hasn't happened yet because they have not seen your witness statement or your evidence yet

No fee payment means no hearing in court, so no court at this moment in time 

They could discontinue even after any fee is paid in the future 

So there is no evidence of ,  "off to court". Not Yet, not at all so far

But there are around 370 discontinuations in the thread by Umkomaas, the thread you were pointed at back around page 3 of this thread, so you clearly don't seem to have understood those cases or the outcomes either , most if not all occurred after the WS stage 

So when are those key dates exactly. ?

1) your WS deadline  ?

2) the court fee deadline. ?

3) the hearing date they pencilled in, pending the fee being paid. ?

DE_612183

ISTIAWAN said:

So I guess I am off to court.  

Nothing to be scared about.

It's not "rumpole of the bailey"

you don't get a jury, you can't go to jail - you just get a chat with a Judge who will decide who's case is better - even if you get that far the worst case scenario is you are out of pocket a few hundred quid.

Coupon-mad

ISTIAWAN said:

So I guess I am off to court.  

Unless it's further back in this thread, you've not mentioned doing your own witness statement yet?  I am not talking about your defence.

Dead easy stage, you are at now. See the NEWBIES thread.  Defence was not your only job. Do not go to a hearing having breached the deadline for your WS (it's on the Hearing Order). 

Add Jopson v Homeguard and Link v Parkinson (court transcripts found on this forum) as extra exhibits. Search for those to add to what you see I suggest as typical exhibits in the second post of the NEWBIES thread.

Don't be daunted. This stage is easy. But vital.  I think you prepared a WS for the other claim that got discontinued so you should be pretty much ready with it?

ISTIAWAN

My post won’t upload

ISTIAWAN

15/05/2023 - Claim form received.
22/05/2023 - Acknowledged via Moneyclaim / acknowledgment received.
20/6/ 2023   - Defence submitted and acknowledgment received 
11/09/2023  - notice of proposed allocation to small claims 
18/11/2023  N180 submitted - acknowledged 20/11/2023 

07/3/2024  notice of allocation to small claims rec.  
court hearing date 11/06/2024 @2pm / 
Claimant has till 4pm 13/06/2024 to pay £85 court fee. 

No other paperwork received until today when I received an email stating:

 We act for the Claimant.

 Please find attached our Client's Witness Statement for the hearing on 11th July 2024 at 14:00.

 We confirm it has been filed with the Court.

Emailed by Morgan Falconer DCB Legal Ltd 

I cant see anything about the date for the witness statement on my notice of allocation - I havent received any thing else since that sorry I’m confused  

ISTIAWAN

Ahhh working again - if in doubt turn it off