DCB Legal Limited - my Counterclaim against it

Coupon-mad

This is why we like Oxford Court:

https://www.parkingcowboys.co.uk/wp-content/uploads/2016/12/JOPSON-V-HOMEGUARD-2906J-Approved.pdf

KeithP

HarveytheRabbit said:

...my alleged offence occurred in Oxfordshire, but DCB chose Northampton County Court to start its Claim.

No, DCB didn't make that choice.
The County Court Business Centre - now known as the Civil National Business Centre - has always been in Northampton and pretty much every County Court Claim starts it's life there only to be transferred later to a hearing court. The CNBC is an entirely different place to Northampton County Court.

HarveytheRabbit

@KeithP

Thanks, now this makes sense. 

HarveytheRabbit

@Coupon-mad

Thanks. Yes, Oxford County Court and Jopson v Homeguard perfectly underlines the absurdity of that PCN, and the absurdity of Jopson having to go to the Appeal Court to obtain justice.

HarveytheRabbit

@Coupon-mad @KeithP @patient_dream @UncleThomasCobley

It's Friday, so here's my Joke of the Day.

 'The signs displayed on the Land set out the Terms of parking (i.e. "the Contract ).'  So, 3 x I asked for a copy...,

https://1drv.ms/b/s!AvbRP0_zAjmfhsM_4d1d7xIEizIdvA?e=CQ5h3l

Another example of the absurdity here...

Coupon-mad

Typical UKPC small print 9 feet up in the air. The only readable line is 'no unauthorised parking' and presumably you weren't unauthorised.

So, there is no breach of a prominent contractual term and there was no breach of a 'relevant obligation' (POFA Schedule 4 pre-requisite).

HarveytheRabbit

@Coupon-mad  

This photo is clearly illegible (oxymoron ??), so fails immediately as a legal document.

As I am sure you know, it is part of the job for the Parking Warden to photo the car (front, back, side) photo the Signage of T&Cs and all date & time stamped at the same time.  They sent me a clear copy image (artwork mock up, not a photo of a sign), but this was at a later date (prices had all gone up). My point to them: what were the T&Cs on the date of my alleged offence? Prove it! 

Also, the wording of this particular signage is deficient and not fit for purpose IMHO.

This is all useful background, but because it has withdrawn its Claim against me, my defence will not now be tested. In fact, I believe most Letters of Claim never reach Court. This despite the threat and legal process, piling more and more pressure on the Defendants, leading up to a Hearing...

Do you have any numbers/data from all your advice given to other MSE Forum members? Have you seen this? https://www.racfoundation.org/media-centre/private-parking-on-course-to-be-billion-pound-industry

I actually think Excel v Wilkinson, plus your Hopson v Homeguard are very relevant to my Counterclaim. Are there any other Cases on this side of the Court's position that you know about?

1505grandad

"Have you seen this? https://www.racfoundation.org/media-centre/private-parking-on-course-to-be-billion-pound-industry"

Yes  -  I have in fact been posting/commenting on relevant threads for months.

Le_Kirk

Hopson v Homeguard

I am sure it was only a typo but it is Jopson

mo_1

What happend with this? Did you go to court?