UK Parking Control Limited (via DCB Legal Ltd) Defence

Le_Kirk

This was posted a little while back by one of us regulars (cannot remember who)

Type 'Search Words' into the Search bar, hit Enter. Takes you to a second page, click 'Threads', click from 'Best Match' to 'Newest', click 'Categories', go to r/h side of page to 'Category', start typing 'Parking', drop down box will bring up 'Parking tickets, fines & parking', scroll down slightly, uncheck 'Polls' and 'Ideas', then click 'Filters'. That should give you a list of results. 

GolfR12

So no discontinuation received. Am I ok to send cost assessment to court after the hearing? 

KeithP

GolfR12 said:

So no discontinuation received. Am I ok to send cost assessment to court after the hearing? 

No, that is not ok.
Must be with the court and the other party at least three days before any hearing.

GolfR12

KeithP said:

GolfR12 said:

So no discontinuation received. Am I ok to send cost assessment to court after the hearing? 

No, that is not ok.
Must be with the court and the other party at least three days before any hearing.

Ah ok thanks for confirming. Hearing is today so I've missed this. 

GolfR12

Hi guys, arrived at the court. The rep representing the claimant asked to have a word as advised to him by the judge. There are several hearings taking place at the same time as this hearing, and there is no time for the hearing to take place today as they will require a longer time allocation of 1 hour to go through the defence properly and all the technicalities (unless I wanted to settle today which of course I said no). Their rep has advised he will let the judge know and the hearing will be adjourned 

Le_Kirk

And of course you trust this "rep"?  I hope they did not/do not pop into the hearing and just say that the defendant did not turn up!

Coupon-mad

GolfR12 said:

Hi guys, arrived at the court. The rep representing the claimant asked to have a word as advised to him by the judge. There are several hearings taking place at the same time as this hearing, and there is no time for the hearing to take place today as they will require a longer time allocation of 1 hour to go through the defence properly and all the technicalities (unless I wanted to settle today which of course I said no). Their rep has advised he will let the judge know and the hearing will be adjourned 

You checked with the Usher that this is true?  Why are you being led by a rep from the Claimant and told to go home?

How do you know the rep didn't go in and pretend he had never seen you and let the Judge assume you were a no-show?

If it is adjourned (hope so), at least you can send in a costs schedule before the hearing now. 

GolfR12

Coupon-mad said:

GolfR12 said:

Hi guys, arrived at the court. The rep representing the claimant asked to have a word as advised to him by the judge. There are several hearings taking place at the same time as this hearing, and there is no time for the hearing to take place today as they will require a longer time allocation of 1 hour to go through the defence properly and all the technicalities (unless I wanted to settle today which of course I said no). Their rep has advised he will let the judge know and the hearing will be adjourned 

You checked with the Usher that this is true?  Why are you being led by a rep from the Claimant and told to go home?

How do you know the rep didn't go in and pretend he had never seen you and let the Judge assume you were a no-show?

If it is adjourned (hope so), at least you can send in a costs schedule before the hearing now. 

Sorry I thought I had posted a follow up. So following the discussion with the rep, we went back into the waiting room and were then called to the hearing room at the allocated time. 

The judge asked the rep if he had spoken to me to which he confirmed he had. As the hearing was part of a block of hearings, they felt 1 hour was insufficient to hear the case. The judge did ask the rep something along the lines of him wanting to break down the defence, to which the rep responded to say yes specifically the Civil Enforcement vs Chan which has been heavily relied upon in this case. The rep suggested a 3 hour allocation for the hearing. 

The judge did state the defence was impressive from his initial view of it (thanks guys lol). He also later stated something along the lines of if there were holes in the defence then they would take into consideration the witness statement, but not really sure what he was indicating. He did say he will make sure he isn't the one who will be judging the hearing when it is rescheduled

The rep asked the judge if the claimant can submit further evidence to which the judge replied that would be fine and I would have 2 weeks to respond to that. 

Really not sure if I should have agreed to the postponement or not. It just seemed very different this time, a bit more serious shall we say in the sense that the rep would be looking to critique every bit of the defence (as opposed to my previous two experiences where the first occasion the case was thrown out due to claimant not paying the fees and the second occasion where the judge hammered the claimants rep from the get go and I didn't need to say a word lol). Given that I was ill prepared and a bit worried by the approach of the rep this time, I agreed to the postponement. 

Coupon-mad

OK so see if they send a fresh Witness Statement and show us.

GolfR12

Coupon-mad said:

OK so see if they send a fresh Witness Statement and show us.

Will do thank you. Am I able to contact the court to make them aware of dates that I won't be available?