Parking Charge Notice - Defence Submission

Gr1pr

Well done 

So Total Car Parks and DCB Legal lost out yet again, with mse forum help 

Also allshallbewell 1 , TCP NIL , DCB Legal nil

Coupon-mad

allshallbewell said:

An update on my case which was heard today and found in my favour.

The hearing was to be in Ipswich (my local court) but was reallocated the day before to Norwich via a CVP link with Deputy DJ Strelitz. The hearing took 90 minutes.

The Claimant's legal representative came down on the Claimant's witness statement that contained both stock/library/computer images and in situ images of the car park signage along with a Google map of the car park annotated to show the location of the signs as well as a hand drawn plan that was unclear about the boundaries of the car park which was 'geometrically irregular/polyhedral'.

The Claimant did my job for me as she was unable to match the signs with the locations shown on the map when asked to do so by the Judge (also a barrister). I was an 'over-stayer', which I admitted but I was able to state or show that one of the T&C signs in the Claimant's W/S didn't appear anywhere in the car park, that here was no T&C sign at the place where I parked and paid (lots of photos), and that I would have behaved differently if I had been able to read the T&Cs.

A request to appeal was rejected. Material date 6/8/2022, hearing 30/5/2024.
Thank you to all responders and especially to Coupon-mad

Yay - well done!

ANOTHER ONE BITES THE DUST!

Unusual to see DCB Legal not discontinue.  Must have fancied their chances with a retail park overstay case (which are harder to defend, post-Beavis case).  You did very well to win.  This was a great way to put it to a barrister Judge:

"I would have behaved differently if I had been able to read the T&Cs."

allshallbewell

Thank you Coupon-mad. Its really all down to the excellent guidance I've received through this on-line help resource. I just hope the new Parking Code of Practice survives the legal challenges of the car park operators and stops so many people from being fleeced by predatory practices.