UK Parking Control Limited (via DCB Legal Ltd) Defence

GolfR12

I have just the new date in May, however, i will be abroad at this time. 

The letter states if I wish to adjourn the hearing, I must either file a formal application to the court if £275 or obtain written consent of the other party and file either a consent order or letters of both parties together with a few of £108.

Is there no way to postpone this without having to pay a fee?!

Coupon-mad

If this is a single PCN case, DCB Legal will discontinue anyway, when they see a decent WS bundle.

GolfR12

Coupon-mad said:

If this is a single PCN case, DCB Legal will discontinue anyway, when they see a decent WS bundle.

Hi @Coupon-mad, this is a 2 x PCN case. Just seems unlikely they will discontinue on this occasion given the rep for the claimant seemed intent on adjourning the original hearing as they felt a 3 hour time slot was required. 

I will definitely be away on the date of the hearing so just wondering if I need to notify the courts/claimant of this.

Coupon-mad

Absolutely NOT YET!  You only have to tell the court this 2 weeks before. For now...shhhhhh!

 Show us your WS.  What's your deadline?  It's in the hearing Order.

GolfR12

Coupon-mad said:

Absolutely NOT YET!  You only have to tell the court this 2 weeks before. For now...shhhhhh!

 Show us your WS.  What's your deadline?  It's in the hearing Order.

Noted. My Witness Statement has already been posted above, and sent to the claimant and court prior to the original hearing which was adjourned.

I have received an email today from the Claimants rep enclosing their claimants 'Authorities Bundle' which they have also filed with the court. This entails the below:

INDEX - Page 1

CODE OF PRACTICE
British Association Code of Practice

STATUTE LAW
Schedule 4 Protection of Freedoms Act 2012
Schedule 2 Consumer Rights Act 2015

CASE LAW
ParkingEye -v- Beavis (2015) UKSC 67
Chaplair Limited -v- Kumari (2015) EWCA Civ 798
Britannia Parking Group Ltd -v- Semark Jullien (2020) EW Misc 12 (CC)

CIVIL PROCEDURE
Pre-Act Protocol for Debt Claims 2017
Practice Direction 7E
Civil Procedure Rule 1
Civil Procedure Rule 27
Civil Procedure Rule 45

Not sure if I need to file any further evidence in relation to this? 

Coupon-mad

No, but of course search the forum so you learn how to rebut these two (discussed to death):

Chaplair Limited -v- Kumari (2015) EWCA Civ 798
Britannia Parking Group Ltd -v- Semark Jullien (2020) EW Misc 12 (CC)

GolfR12

Coupon-mad said:

Absolutely NOT YET!  You only have to tell the court this 2 weeks before. For now...shhhhhh!

 Show us your WS.  What's your deadline?  It's in the hearing Order.

Just to confirm I don't need to notify the court that I won't be able to attend the hearing until 2 weeks prior to the hearing date? Just concerned as my holiday has been booked since Feb so don't if me notifying the courts only 2 weeks prior will work against me?

Many thanks

Coupon-mad

No.  We know what we are doing.  Stay silent and the PPC will likely discontinue anyway because they will think you are attending and will see a good WS from you and will give up.

Show us your WS.  What's your deadline?  It's in the hearing Order.

GolfR12

Coupon-mad said:

No.  We know what we are doing.  Stay silent and the PPC will likely discontinue anyway because they will think you are attending and will see a good WS from you and will give up.

Show us your WS.  What's your deadline?  It's in the hearing Order.

WS statement posted on 8 Jan 2023 in this thread (page 4). Just a note that this a 2 x PCN case and I had already attended the original hearing which was adjourned as they wanted a longer 3 hour slot for the case to be heard. Received new date and the claimants 'authority bundle'. Was advised above nothing further needs to be submitted. Just confirming that is still the case and I continue to wait until 2 weeks prior without taking any further action?

Coupon-mad

Yes, in that case nothing more needs doing.  Except always phone the court one or two days before, to check the hearing is still listed (that DCB haven't discontinued behind your back = common).