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UKPC / DCB Legal Defence - Feedback please!

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  • Umkomaas said:
    Nothing to concern you, the CCBC is behind in their admin work. But, you're nearing the end (discontinuation) if DCB Legal are making you 'offers'.

    Your original thread is still very much alive - all you needed to do was click on your username to take you to your Profile, where you click on 'Discussions' (l/h side of the page), then scroll down to find any thread you've opened. I've reported this to MSE admin and asked them to merge the threads. 
    Thank you so much for the advice.  I swear that wasn't there when I looked before, it must be user error on my part.  Yep, please close/merge this thread and I will revert back to the original for any future questions.
  • Hi all

    I have now finally received a notice of allocation to the small claims track.  My court date is on 19 Jan '24 and I must send all documents I wish to rely on to the court no later than 4pm on 2 January '24.  With the upcoming Christmas break, I am keen to get this prepared asap.

    I know I need to produce a witness statement, so I will have a good look on these forums for good examples and put something together.  If anyone has any good pointers on where to start, I would appreciate it.

    I also have an unusual (but hopefully not unique) question I need help with...

    The Particulars of Claim state:
    "1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s)issued to vehicle [reg] at [address].  2. The PCN details are [date] [PCN #]. 3. The PCN(s) was issued on private land owned or managed by C.  The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s). 4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper.  Despite requests, the PCN(s) is outstanding.  The contract entitles C to damages.
    AND THE CLAIMANT CLAIMS
    1. £170 being the total of the PCN(s) and damages. 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment. 3. Court Costs and court fees".

    I have admitted to being the registered keeper of the vehicle, but not the driver (it could have been me or my wife).  My defence was based around the fact I have no knowledge of the parking contravention and the POC do not state all necessary facts.

    So my question is do I make this the basis of my witness statement?  I am unable to get any evidence from the car-park in question as (in the last couple of weeks) this has changed to an entirely different parking arrangement, so all of the signs etc are different.  Therefore, I cannot go and take any photos to be used in evidence.  Is this a problem or would this not form part of my witness statement anyway?

    Thanks in advance.
  • Coupon-mad
    Coupon-mad Posts: 131,479 Forumite
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    edited 13 December 2023 at 5:42PM
    Put all of the above into a WS based in the examples in the NEWBIES thread.  Then show us your draft bundle.

    You are back ONLY JUST IN TIME to do this Inquiry to call upon the Justice Committee to keep parking cases out of court:

    https://forums.moneysavingexpert.com/discussion/comment/80452012#Comment_80452012

    You have good evidence of the huge delays in the court system and that parking claims are a complete waste if the court's time & put innocent people to extra potential costs exposure.

    Please read and do it tonight...closes tomorrow!

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thank you so much @Coupon-mad

    I will complete the submission tonight - although it is worth noting on the gov.uk site, it says it will take submissions up to 22 December, so maybe the deadline has been extended?  Or I am misinterpreting it?

    I will write my Witness Statement over the next day or two and publish on this thread.
  • Coupon-mad
    Coupon-mad Posts: 131,479 Forumite
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    Oh, that's very good, they extended it!

    This inquiry is currently accepting evidence

    The committee wants to hear your views. We welcome submissions from anyone with answers to the questions in the call for evidence. You can submit evidence until Friday 22 December 2023.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Another question please if I may.  I am unable to evidence the signage that was in place at the car park at the time as the whole parking system in that car park has since changed.  Also, none of my defence is really related to inadequate signage.  My defence is primarily that I do not accept that I entered into a contract and I have no idea what terms were allegedly broken as this is not included in the POC.

    So, my question is do I remove the references to signage from ParkingEye v Beavis from my witness statement entirely?  And is this likely to damage my case?
  • Coupon-mad
    Coupon-mad Posts: 131,479 Forumite
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    edited 13 December 2023 at 8:43PM
    Also, none of my defence is really related to inadequate signage.
    You didn't use the Template Defence?  That is full of stuff saying the signs were inadequate.

    Either way YOU MUST object to the lack of prominence of the signs and the terms.

    You are entitled to raise this and the court must consider it (it is the court's duty under s71 of the CRA 2015). Were you unaware that most parking cases are won on inadequate signs? 
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Also, none of my defence is really related to inadequate signage.
    You didn't use the Template Defence?  That is full of stuff saying the signs were inadequate.

    Either way YOU MUST object to the lack of prominence of the signs and the terms.

    You are entitled to raise this and the court must consider it (it is the court's duty under s71 of the CRA 2015). Were you unaware that most parking cases are won on inadequate signs? 
    Sorry, yes I did use the template defence.  I guess what I meant was how can I legitimately now use this as my defence in the court if I have no evidence of what the signs were like as they have now all changed?
  • Coupon-mad
    Coupon-mad Posts: 131,479 Forumite
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    edited 13 December 2023 at 10:47PM
    Because it is the Claimant's case to prove, not yours.

    You can say stuff and they have to prove otherwise, on the balance of probabilities.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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