I got a ticket without ever entering a parking space or leaving my vehicle!

tegmim

That's a good reference point, Half_way, as it includes a precedent that waiting for a space is not parking (though a much later post on the thread suggests that in some cases just entering the site was considered enough, so this isn't cut and dried). I wonder if I should contact my insurance. I think I have legal protection in both my home insurance and via my business...

Johnersh

think I have legal protection in both my home insurance and via my business...
Worth a look. Every policy is different, but the terms from ARAG and DAS etc will often require a claim that exceeds small claims threshold so that costs can be recovered.

Coupon-mad

tegmim said:

That's a good reference point, Half_way, as it includes a precedent that waiting for a space is not parking (though a much later post on the thread suggests that in some cases just entering the site was considered enough, so this isn't cut and dried). I wonder if I should contact my insurance. I think I have legal protection in both my home insurance and via my business...

No it is too late in a case you have already defended. Stick with us.

Mediation is already fully covered in the first 12 steps in the Template Defence thread.

As is DQ stage. Easy form to complete. Obviously tick NO to a hearing 'on the papers'.

Car1980

At which point did you enter into a contract with the parking company, consisting of offer, acceptance and consideration (the consideration being the hire of a parking space)? 

You didn't. No contract exists between the two parties.

For the idiot at POPLA to claim you shouldn't wait for a space is mind boggingly absurd. It's how the planet finds an empty space in a busy car park. Has he never had to wait in the bar whilst they get his table ready in a restaurant 🤦‍♂️? Did he wait outside on the pavement?

Sadly this will be discontinued before getting to a hearing.

tegmim

It is being handled by Sarah Ensall, Head of Bulk Litigation at DCB legal (though her linkedin says she is a paralegal). I just got a letter from her saying they reviewed the defence and have decided to proceed, but will consider an offer to settle if I phone within 7 days. I'm inclined to let it go to court. So presumably I wait for the directions paperwork, then go through the mediation saying I don't owe anything?

Umkomaas

tegmim said:

It is being handled by Sarah Ensall, Head of Bulk Litigation at DCB legal (though her linkedin says she is a paralegal). I just got a letter from her saying they reviewed the defence and have decided to proceed, but will consider an offer to settle if I phone within 7 days. I'm inclined to let it go to court. So presumably I wait for the directions paperwork, then go through the mediation saying I don't owe anything?

Standard, fully anticipated stage of their charade. Read the 12 Steps shown in the Template Defence Announcement. Discontinuation remains in sight. 

tegmim

Just an update, but the mediation calls happened, and I said I wasn't prepared to pay anything, so it went forward to the local court I had named. DCB legal made a few attempts to get me to pay before it went to court (phoned, wrote, emailed, eventually said they'd accept the original £60 charge) but I said I was looking forward to court, and I'd like to see what the judge made of the fact I had never parked in the carpark, and had no intention of paying a penny.

The judge then ordered Euro carparks to file a response to the defense. They didn't. He gave them two more weeks to comply with the order or the case would be struck out. They didn't. The case was struck out a week ago, and I got the letter today. I think this one is - rightly - confined to the shredder of history.

So thanks to everyone in this thread for the support!

Umkomaas

Nice one, and thanks for your update. 👍

Another PPC badly represented, and as a result, ANOTHER ONE BITES THE DUST 

Coupon-mad

Well done! Please could you show us the two Court Orders?