IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Urgent, court hearing in July, WHAT NEXT :(

1679111216

Comments

  • ISTIAWAN
    ISTIAWAN Posts: 96 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Just realised I havent evidenced the actual sign - will do that
  • Coupon-mad
    Coupon-mad Posts: 152,750 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 15 January 2024 at 10:26PM
    Chan should be a preliminary matter at/near the top, - exhibit xx-01 - not buried in paras 33 and 34.  It also needs listing in your page/exhibit numbers cover sheet.

    You have two paras numbered 5.

    I'd remove this as you don't have a lease you have a tenancy agreement (AST) and your paragraph after this repeats these words better:

    "The lease terms provide the right to park a vehicle in the relevant areas, without limitation as to type of vehicle, ownership of vehicle, the user of the vehicle or the requirement to display a parking permit."


    This bit should say AST not 'lease':

    A copy of the AST is appended (Exhibit xx-02) 

    xx = your initials

    Your WS should state in your early facts that you parked the car or that you don't know which of you parked (if true).

    Where you talk about finally getting a permit, add that it had no contractual obligations printed on it or with it, did not refer the recipient to read any terms or signs (which purportedly create a contract based on this permit) and thus as a 'consumer notice' (Consumer Rights Act definition) this permit was nothing more than a piece of paper from the managing agents which served to confirm the parking rights already enjoyed.  Not to create some sort of 'relevant obligation' with unknown onerous consequences inflicted aggressively by an unrelated third party.


    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
  • Umkomaas
    Umkomaas Posts: 43,428 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    @ISTIAWAN, recording your win on the DCB Legal discontinuation thread right away. Well done. 👍
    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
  • ISTIAWAN said:
    TODAY I RECEIVED THIS!!!!! 

    The feeling I have right now is pure joy! I cannot thank you enough for all of your help and wisdom x
    unreal 
    Well done, you beat the two biggest timewasters in the UK parking scam
    Part of the infamous BPA SCANDAL
  • Coupon-mad
    Coupon-mad Posts: 152,750 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Congrats! As expected but so sweet to see!
    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
  • ISTIAWAN
    ISTIAWAN Posts: 96 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Congrats! As expected but so sweet to see!
    I have over 6 of these going to court - today I received another one so I am hoping it will follow the same route! 

    The only difference is DCB emailed me too asking for a copy of my short hold tenancy agreement within 10 days. Do I need to submit this document to them before court? Part of my defence said my tenancy does not mention the parking permit. 
  • Coupon-mad
    Coupon-mad Posts: 152,750 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 11 March 2024 at 3:40PM
    Yes email it over, tell them you've already had a discontinuance in February for claim xxxxxx and you require them to stop wasting your time and hurry up with the next Notice of Discontinuance.

    Be really robust. Pushy.
    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
  • Fruitcake
    Fruitcake Posts: 59,464 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 11 March 2024 at 9:05PM
    When you send DCBL a copy of your AST, add a comment that a reputable company would have checked to see if residents had an existing right to park without interference/without the need to display a third party permit before they commenced operations at the site.

    If you supplied a copy of your tenancy agreement previously, remind them/their client that they already have a copy.

    You can then show all this to the judge at any and all future hearings to show unreasonable behaviour.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • ISTIAWAN
    ISTIAWAN Posts: 96 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Thanks xx I sent this ……..

    May I add I have had a discontinuance in February for claim K6KF76Z8 and it would be better to stop wasting my time and continue with the next Notice of Discontinuance.

    A reputable company would have checked to see if residents had an existing right to park without interference / without the need to display a third party permit before they commenced operations at the site.

    I have supplied a copy of my tenancy agreement previously, your client already has a copy. I suggest you approach them for a copy before me, I will be showing these email to the judge at any and all future hearings to show unreasonable behaviour.


Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.2K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.2K Work, Benefits & Business
  • 599.3K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 257.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.