UK Parking Control Limited (via DCB Legal Ltd) Defence

Coupon-mad

GolfR12 said:

Coupon-mad said:

No you could win.  But not attending makes it much more in their favour unless they have discontinued.

Are you being able to confirm the reason I was categorically advised not to contact the courts until 2 weeks prior to the hearing date? Was this a mistake by yourself given the circumstances I had advised? 

If the claim goes in the claimants favour, are additional costs added on to the original claimed amount? And would this need to be paid as a lumpsum or could it be paid in installments? 

The advice was correct at the time because DCB Legal pretty much always discontinue claims. No-one has ever been advised (that I can recall)  to fork out £108 to change a DCB Legal case hearing date.

We've given the same advice to several posters for months (others like you who had holidays booked) and DCB have always discontinued, so we fully expected the same in your case.

The advice was given in good faith based on our experience.

If you had told them in advance that you could not attend, that would have egged DCB on and made discontinuance less likely.  That was why the strong advice was "not to blink".

It is still possible that they have discontinued behind your back.

Hence the urgent advice now re the morning phone call to the court asap on Tuesday, and if the case is still going ahead, ask them who to email your non-attendance to, so it will be seen urgently.  They might give you a name to email, or at least what to put in the subject line.

Then send an email (same day, before 3.30pm) for the Judge to kindly note that you will be on a flight on the day in question and cannot attend, but would like the case heard in your absence. 

Mikeh2001

GolfR12 said:

Coupon-mad said:

No you could win.  But not attending makes it much more in their favour unless they have discontinued.

Are you being able to confirm the reason I was categorically advised not to contact the courts until 2 weeks prior to the hearing date? Was this a mistake by yourself given the circumstances I had advised? 

If the claim goes in the claimants favour, are additional costs added on to the original claimed amount? And would this need to be paid as a lumpsum or could it be paid in installments? 

The advice when it comes to DCBL is expect a last minute discontinuation.  It is a pattern seen in such a high proportion of cases on this forum that its difficult to ignore - its the basis of the advice you had.

 It's difficult to justify that anyone should pay to be present at a hearing, which on balance of evidence was (and potentially still is) unlikely to go ahead.

Hope you get the result in the end.

GolfR12

I appreciate that, it's just given my specific case in which I had already attended the original hearing, and the claimant wanting a 3 hour window for a hearing to me indicated it was unlikely they wanted to discontinue. 

@Coupon-mad I have just called the courts who confirmed they have not discontinued :-( 

Bazarius

I’ve quickly reviewed this case - I don’t see the claim form attached in this thread  .   Considering that the PoC at the date of issue rings an alarm bell that it may have included “the driver agreed to pay 28 days but did not” or similarly worded around that time when Yasmin Mia used  “sign off” the claim forms 

This formulates the claimant’s cause of action and there is a very high probability that its signs do not convey anything of the sort. 

CRA 2015 comes into play and the PCN retrospectively gives the driver/keeper a new deadline to pay within 28 days comes too late . It must be laid out for the driver to agree before the accepting the terms and conditions set out on the sign .  

Do you have a photo of the sign ? 

GolfR12

Bazarius said:

I’ve quickly reviewed this case - I don’t see the claim form attached in this thread  .   Considering that the PoC at the date of issue rings an alarm bell that it may have included “the driver agreed to pay 28 days but did not” or similarly worded around that time when Yasmin Mia used  “sign off” the claim forms 

This formulates the claimant’s cause of action and there is a very high probability that its signs do not convey anything of the sort. 

CRA 2015 comes into play and the PCN retrospectively gives the driver/keeper a new deadline to pay within 28 days comes too late . It must be laid out for the driver to agree before the accepting the terms and conditions set out on the sign .  

Do you have a photo of the sign ? 

Hi,

Unfortunately I have misplaced the PoC. 

I have attached the photo of the sign. 

GolfR12

Hi, 

Is the below email ok to email to the courts? Do I need to copy in the claimant? 

Dear xxx Court,

I am writing to the court to notify you that I will be unable to attend this hearing, as I will be out of the country at the time of the hearing. I am travelling back to the UK on the day of the hearing, as evidenced in the attached screenshot of my flight. Please accept this email as me excusing myself from the hearing on xx May 2024 at xx:xx, and asking for the case to be heard in my absence.

I would like to request that this email be placed with the file for the Judge so that he/she knows I (the Defendant) have asked over seven days in advance for the case to be heard in my absence. I also want to mention that my prior commitment of being out of the country on this date cannot be changed, and I would never intend to show any disrespect to the Judge, Court or the opposing party.

Additionally, I want to point out that no disadvantage has been caused to the Claimant and there should be no order as to costs regardless of the case's outcome. This is a small claim with no unreasonable conduct involved.

Yours sincerely,

GolfR12

Also, is anything further I need to mention with regards to post by @Bazarius above and the parking sign?

Many thanks 

Coupon-mad

No, because you have already submitted your evidence and this email is not for evidence or late submissions.

Copy in DCB Legal.

Cross your fingers that your earlier submissions are enough to tip the balance in your absence.

Oh - EDITED to add that I would re forward your WS & evidence bundle separately and remind the court that this was first submitted on DATE and is unchanged and is the evidence you wish to rely upon for the hearing in your absence.

BOTH emails need the claim number and the time/date of hearing and the word URGENT in the subject line.

Mikeh2001

Have you shared a copy of the WS here? Does it include photos of the signs from a consumer perspective?  Is the car park well maintained with adequate sign upon entry etc?

Mikeh2001

Coupon-mad said:

No, because you have already submitted your evidence and this email is not for evidence or late submissions.

Copy in DCB Legal.

Cross your fingers that your earlier submissions are enough to tip the balance in your absence.

Oh - EDITED to add that I would re forward your WS & evidence bundle separately and remind the court that this was first submitted on DATE and is unchanged and is the evidence you wish to rely upon for the hearing in your absence.

BOTH emails need the claim number and the time/date of hearing and the word URGENT in the subject line.

@Coupon-mad - could the OP send a supplemental WS with more evidence if needed? Maybe this could help in light of the non attendance