DCB Legal / UKPC County Court Claim Received

fryster · 2 April 2023 at 9:55PM

Hi all, I'm just drafting my defence and was after some advice over how to word part 3. I wasn't the driver but having looked at the signage at the retail park there is a sign at the entrance stating maximum stay of 2 hours. However, this is on the right hand side only, and is obscured by a big retail park sign. Anyone turning right into the car park from the main road wouldn't be looking in this direction as they would firstly be looking at the oncoming traffic waiting for a gap or someone to give way. Their next gaze would be in the direction they are travelling, not to their right where the sign is positioned. The rest of the signage in the car park appears in quite a small font that would be hard to read in low light / possibly wet conditions that would have been present (driver visited Christmas Eve and day previously). Thanks for any advice

Coupon-mad · 2 April 2023 at 10:52PM

I would just add to para 2 that you were not the driver, and then put this as your para 3 into the defence by @Johny86 instead of his para 3 (obviously adding the number of years) and that is it!

The location of the car park and the fact this was immediately before Christmas are just about the only facts in the incoherent particulars. The Defendant went and looked at the signage in this retail park to try to work out what went wrong (given he was not the driver and this alleged incident was x years ago, with no evidence having been supplied by the Claimant). The faded text on the signage is in a minuscule font and eight feet up on a pole. The signs - including an obscured entrance sign - are unremarkable at best and the words would be impossible to read in low light/wet conditions in moving traffic arriving at a very busy retail park.

fryster · 28 July 2023 at 1:31PM

Just a quickie, have only just received the N180 form, arrived today (28th July) and needs to be back to the court by 31st July. What's the best way of sending this back to the court/DCB Legal - standard 1st class post with certificate of posting? Thanks in advance

Coupon-mad · 28 July 2023 at 1:45PM

Email like the Template Defence threads says for this stage - DQ is a stage which is listed in the first 12 steps in that sticky.

fryster · 28 July 2023 at 1:58PM

Coupon-mad said:

Email like the Template Defence threads says for this stage - DQ is a stage which is listed in the first 12 steps in that sticky.

Sorry, skipped to the wrong sticky! Saves me the cost of a couple of stamps - many thanks!

fryster · 8 February 2024 at 9:37PM

Finally been set a court date of 22nd March. Received a without prejudice email the day after receiving the court letter. They've got until 19th Feb to submit their documents to the court. Will start prepping my witness statement but hopefully they fold soon.

Coupon-mad · 9 February 2024 at 2:48AM

They will discontinue after you don't take the bait when they try ringing you next week to 'settle'. Tell them you'd rather stick pins in your eyes!

fryster · 19 February 2024 at 10:21AM

Good Morning. On Friday I received a copy of DCB Legal's witness statement. Looks like they're willing to go all the way or scare me into submission. I'm about to complete my witness statement, please could I be pointed in the direction of the latest example of a good one to start with. I've taken some pictures of the signage myself, one thing I have noticed is that the maximum time they allow you to park for has now been increased from 2 hours to 3 hours. I don't know if that's of any relevance in helping me with my case as the driver would have been well within this revised limit. Part of their witness statement includes some pictures of the actual signage in the car park - in the pictures they have included it is impossible to read any of the smaller terms and conditions. Many thanks.

Coupon-mad · 19 February 2024 at 12:14PM

Yes 5 exemplars are in the Newbies thread.

fryster · 19 February 2024 at 1:39PM

Thanks, I'm currently adapting the Citizen_K example. The vehicle in question is a motability car and therefore only two people are permitted to drive it. The registered owner wasn't driving it, do I now admit who was driving when putting in my evidence.

I have a google image of the entrance to the car park which clearly shows the main sign being hidden behind a larger entrance sign on the right hand side. I've now revisited the site and this sign now states 3 hours maximum stay rather than the initial 2 hours. It's still in the same spot - I'd suggest that they should have another sign on the left.

Looking at what to put in my evidence, would something like below be any good:

Lack of prominent signage on entrance to car park: Point 12. of UKPC's witness statement states that 'my company was prominently displaying signs on the Land setting out the Terms of parking'. One such sign referenced is "EXHIBIT 2" referring to 2 hours maximum stay. This is hidden behind a larger Horizon Farnborough Entrance sign and therefore isn't prominently on display as stated. It's highly likely that any driver turning right from the main road would not see this sign as their gaze would be towards oncoming traffic to their left as they turn in the retail park.
(See EXHIBITS x and x and x)

Lack of prominent signage within the car park: Again, Point 12. of UKPC's witness statement draws reference to "EXHIBIT 2" which includes images of parking signs where none of the text is legible. I have revisited the site and taken pictures of one of these signs from various distances and as you can see the text isn't legible as backed up by UKPC's witness statement. Bear in mind the alleged breach's of contract occurred in darker, wintry weather conditions in December where the signs would have been even harder to read. (See EXHIBITS x and x and x)