Taken to SC court. Update: court date.

Indiechick123

UPDATE

Hi everyone.

I’ve got a court date for this case, just my luck it’s when I’m on holiday so in the event of it actually getting that far I’ll have to do a 12 hour round trip for a half hour case.

I think the next step is for me to submit a witness statement, is that right? Do I just say what happened or do I need more information?

Thanks.


I got a private parking ticket last September because my blue badge was partially obscured. It was in a retail park where parking is free, there were plenty of available spaces and so neither the landlord or parking firm faced monetary costs. 

I wrote to the landowner who didn’t reply.

I then wrote to the parking firm who said it was too late they’d sent it to collections.

Original fine was £70, court claim is for £265. Which I don’t have.

I got court paperwork and submitted a defence, using the template from this forum. Got a letter dated 11th July from the court saying the parking company had 28 days to respond.

Today I got a letter dated 3rd August from the parking company saying they’re going ahead with litigation. (Nothing from the court yet). They say the client may be prepared to settle if I contact within seven days (time was up before I got the letter), and include directions questionnaire forms.

The companies involved are UKPC and DCB legal.

So I guess I’m posting to ask what happens next.

I have a few assumptions:

1. I shouldn’t reply to the solicitors but wait for the forms to come from the court, especially as they have ‘helpfully’ filled in a lot of the answers in their favour.
2. Even if the letter had arrived in time making an offer to settle wouldn’t be the best way forward.
3. I should continue with the defence and not just pay up.

I read the newbies FAQ thread but my defence isn’t related to the signs but that I was entitled to park there as both a disabled person and blue badge holder. I’m sorry if I missed something in the thread, I thought this was over as it’s been 34 days since the date of the court letter so I’m really stressed about it.

I also think I have a defence that for the original ticket to be enforced in civil law there has to be consideration(?) or something of value to both sides, and as parking was free there’s nothing for them to claim for. I could have totally misunderstood that though.

Any help and advice would be greatly appreciated.

Umkomaas

Definitely 3 above. You do know this won't go anywhere near a courtroom?

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Coupon-mad

 I also think I have a defence that for the original ticket to be enforced in civil law there has to be consideration(?) or something of value to both sides, and as parking was free there’s nothing for them to claim for. I could have totally misunderstood that though.

No, you are right. There must be consideration.

That's not all, though.

What happens next is, you will get a hearing date and you will adapt the newest exemplar witness statement bundle by @baz417 (posted today on his thread, but I'm not linking it because it's important for new posters to learn how to hop around the forum and find threads).

When DCBLegal see that bundle from you, they will try to ring or email you to trick you into settling but you IGNORE that and they will then discontinue without a hearing.

SCAM OVER. Honestly, they'll pull out.

Can you show us two things this week:

1.  A few photos of the main t&cs sign SHOWING £70 and a wider view of the half empty car park, and the view of signs from the accessible bays; and tell us the retail park location;

2.  Exactly what you put in defence.  Word for word.

Indiechick123

Umkomaas said:

Definitely 3 above. You do know this won't go anywhere near a courtroom?

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Thank you, that’s very reassuring. Hopefully I’ll be another to add to the list.

Indiechick123

Coupon-mad said:

 I also think I have a defence that for the original ticket to be enforced in civil law there has to be consideration(?) or something of value to both sides, and as parking was free there’s nothing for them to claim for. I could have totally misunderstood that though.

No, you are right. There must be consideration.

That's not all, though.

What happens next is, you will get a hearing date and you will adapt the newest exemplar witness statement bundle by @baz417 (posted today on his thread, but I'm not linking it because it's important for new posters to learn how to hop around the forum and find threads).

When DCBLegal see that bundle from you, they will try to ring or email you to trick you into settling but you IGNORE that and they will then discontinue without a hearing.

SCAM OVER. Honestly, they'll pull out.

Can you show us two things this week:

1.  A few photos of the main t&cs sign SHOWING £70 and a wider view of the half empty car park, and the view of signs from the accessible bays; and tell us the retail park location;

2.  Exactly what you put in defence.  Word for word.

I’ll have to go back to the car park for the photos, probably not until Thursday or Friday though.

Most of the defence was copy and pasted from the template on here, my part was this:

The Defendant visited Crown Point retail park to collect an order and do some shopping. As a disabled person the Defendant parked in a blue badge bay. My blue badge was unfortunately partly obscured, but the spaces are provided for disabled people who need the various accommodations (shorter distance to the shop, wider bays to make getting out of the car easier, not facing the dangers of traversing the busier main section of the car park). Parking at Crown Point is free, and there were many other available blue badge spaces, therefore no financial loss was incurred by my using the bay, nor was anyone inconvenienced or prevented from using the park.

I tried to keep it short and concise but maybe that was a mistake? It was Crown Point, Leeds.

Coupon-mad

That's OK, thankyou.

Yes please for the photos of the 3 things I said we need to see:

- £70 sign showing that £ and the terms
- empty spaces (proof the car park isn't full)
- the accessible bay (lack of sign).

End of the week or even next week is fine.

Indiechick123

Hi, sorry for the delay replying. As it had been so long past the date for the parking company to reply I thought it was over but it was just the court being slow. I’ve had confirmation the case is going ahead and a form to fill in. Any advice on how to fill in the form would be greatly appreciated.

Here are the pictures, although I couldn’t get one of it being half empty because it was busy when I went.

Indiechick123

Ooops sorry I just found the thread about how to fill the form in. I’m till trying to work out how to do it online though.

1505grandad

"Original fine was £70, court claim is for £265. Which I don’t have."

The only legible signs I can see state £100

Indiechick123

1505grandad said:

"Original fine was £70, court claim is for £265. Which I don’t have."

The only legible signs I can see state £100

Sorry that was my mistake in the OP. It was £100, reduced to £60 if paid within 14 days.

Indiechick123

 I’ve found the details I needed to submit the N180 by email.