Notice of transfer of proceedings

kiki59

Hi, I've received a notice of transfer of proceedings, awaiting judge's direction to allocate the claim to track. 

Summary of the issue:
-Received a parking ticket in 2018 as a tenant in my allocated spot, gated parking with fob access.
-My car had broken down that afternoon and was towed to a garage
-I had to hire a rental car for work, obviously under those stressful circumstances one would not remember to remove their parking permit to then be displayed on the rental vehicle!
-Got home late at night, accessed parking using my fob, parked in my usual spot
-Apparently should have gone to the concierge to sign the rental car in and get a temporary display a midnight, as the next morning, I found a ticket on my windscreen issued at 2.am!
-Spoke to concierge, they allowed me to sign the car in "retrospectively", and advised to speak to the letting agency to explain the stressful situation that day meant I did not remember that I left my permit in my car, and did not have one displayed on the rental and needed to obtain a new one. Rental agent were totally unhelpful and said to contact parking company.
-Sent in an appeal to parking company  - said I was driving the rental, parking permit was on my personal car in the garage, stress from the day meant I forgot about a temporary display but that was my assigned slot and I offered to send a copy of my agreement and the temporary permit issued the following day to support the appeal.
- It transpires that my appeal was declined  (as I have found out from the information they sent me further to my SAR) they had apparently sent me correspondence asking me for further information within 14 days and I never responded. I do not recall ever seeing or receiving such a letter, or a further letter advising decline of my appeal nor a POPLA appeal. I had all the information they needed to hand, I have no way of proving I never received or saw these letters

-In 2021, I heard from them again. They sent me a letter which I received at may new address and I emailed to refer them back to my appeal and explain that I had been a tenant at the previous property when the PCN was issued (I have a trail of all these emails). I was oblivious that my appeal had been declined years ago, they asked  to confirm my updated address which I did. 

- Several threatening letters later, I then received a notice of allocation (I think, sorry this is all new to me) several months ago, and followed the advice from peepipoo fight back forum; filed my defence using one of their templates and sent this in along with copy of signed tenancy agreement

(Note the letting agent that managed this property no longer exists (I rang them again this year to see if they could help resolve this), so I am not sure who DCB are bringing up this case on behalf of )

-Received an email from DPO "without prejudice offer to settle" a few months later  but decided to proceed with filing my DQ/N180

-Case had apparently been stayed but stay was then lifted and I received instruction to submit an N180
-Have now received a notice of transfer of proceedings 

My question:
Does my case stand a chance of winning in court and if so, what are the next steps to follow a this stage?

Thanks 

UncleThomasCobley

If it is DCB Legal representing the PPC, then you have a very high chance of this being discontinued. Have a look at this thread: DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

Hopefully, the defence you submitted covered as much as the defence template from this forum covers as we see almost every DCB Legal claim discontinued with that robust defence. There is also a very recent appeal judgment that is getting claims thrown out at allocation stage.

You will have to prepare your WS which will have to be submitted, most likely, no later than 14 days before any hearing date. If by the time it comes to submitting your WS DCB Legal haven't discontinued, you must include the following near the beginning of your WS:

Preliminary matter: The claim should be struck out

The Defendant draws to the attention of the court that there is now a persuasive Appeal judgment to support striking out the claim (in these exact circumstances of typically poorly pleaded private parking claims, and the extant PoC seen here are far worse than the one seen on Appeal).  The Defendant believes that dismissing this meritless claim is the correct course, with the Overriding Objective in mind.  Bulk litigators (legal firms) should know better than to make little or no attempt to comply with the Practice Direction.  By continuing to plead cases with generic auto-fill unspecific wording, private parking firms should not be surprised when courts strike out their claims based in the following persuasive authority.

A recent persuasive appeal judgment in Civil Enforcement Limited v Chan (Ref. E7GM9W44) would indicate the POC fails to comply with Civil Procedure Rule 16.4 and Practice Direction Part 16. On the 15th August 2023, in the cited case, HHJ Murch held that 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and in view of the Chan judgment, the Court should strike out the claim, using its powers pursuant to CPR 3.4

For now, go have a look at the template defence thread and use the 12-point checklist to see where you are and what you need to do and by when. Also, read of the Newbies/FAQ thread wouldn't go amiss.

Did you include primacy of contract in your defence? Do you have or can you obtain a copy of your AST/lease from when you resided at the property?

kiki59

Thanks ever so much for the pointers UncleThomasCobley apologies for the delay in responding. Unfortunately I did not include primacy of contract in my defence. I do have a copy of why lease and I submitted this along with my defence 

Grizebeck

You don't submit exhibits with a defence with these type of claims

Coupon-mad

You can submit it again at WS stage but please come back to check your submissions with us first.

Umkomaas

Can you tell us which parking firm are DCBL representing?  There can be nuances in advice depending who is pursuing you. 

kiki59

Thanks I'll come back prior to submitting my WS and check as advised. DCBL are representing UKPC Ltd

Umkomaas

kiki59 said:

Thanks I'll come back prior to submitting my WS and check as advised. DCBL are representing UKPC Ltd

Totaly predictable duo.  Follow the required process and this will end in a discontinuation later this year/early next. See the link provided by @UncleThomasCobley above. 

kiki59

Good evening, 

Just a further update on this case. I've received a court hearing date in 6 weeks: Notice of allocation to the small claims track (hearing). In the same letter , there is a paragraph where the court states 'it is ordered that: ...' and then proceeds to 'encourage' me to small claims mediation service to arrange a mediation appointment. From reading the advise on here, mediation is discouraged, am I obliged to accept it given the "it is ordered that"comment?

I am to deliver to the claimant and the court office copies of all documents I intend to rely at the hearing within 2 weeks. So I presume this included my witness statement, tenancy contract and defence? If you could please signpost me to a thread where I can get some guidance on preparing my witness statement, I'd really appreciate that. Looks like UKPC are charging on with this case, which is totally ridiculous and frustrating.

Coupon-mad

No if it only encourages it, then it is not mandatory and it's just standard words in Orders (not just parking cases: the court encourages all disputes to be resolved without a hearing).  But in parking cases it ISN'T OK.

NEWBIES thread!!  It's ALL THERE.

kiki59

Coupon-mad said:

No if it only encourages it, then it is not mandatory and it's just standard words in Orders (not just parking cases: the court encourages all disputes to be resolved without a hearing).  But in parking cases it ISN'T OK.

NEWBIES thread!!  It's ALL THERE.

Thank you!