Notice of proposed allocation to the small claims track received Unsure of next step

Tribecatraders

Hi There,

I'm looking for some help/advice on how to handle a parking charge that has now been allocated for the small claims track.

I have had a quick search on here just now and have noticed a few comments recommending the NEWBIE thread.  The thing I wanted to check first was whether I'm too far through my claim/defense for this to apply.  So i Just wanted to list out what's happened and see if anyone experienced in this thread thinks it worth me going through the newbie thread.

So i went to collect my son from school as it had been raining heavily.  I parked in a car park that had been free for the 25 years I've lived in the area. I pulled into a space and called my son to say where I was.  I had maybe been there 2-3 minutes  when I noticed a car park charge sign.  Confused, I then went to leave just as my son got to the car, we left, all within about 7-8 minutes maximum.

I have also stated that the parking signs are of a dubious nature that they are not clear and can easily be blocked by a pedestrian as it is very low and next to a zebra crossing.  The car park is very small, maybe 7 car spaces.  There was no pay machine, only a telephone number to call.  I have since found out that the car park only became a chargeable car park approximately 2 days before

I then received a fine from I park services for £60.  I disputed the claim stating that I left the parking area within the grace period/consideration time.  They kept sending letters then passed to DCBL, I advised them the same,   They then issued, I confirmed I would defend.  They called me and said they would drop the amount from 235 to 190 which I refused .  I have now received the N180 Notification of allocation to small claims track.

Not sure which is the best way to proceed?

I have to get my response to the courts by the 23 November.

Below is the letter I sent to them, I'd love to get some help from anyone more experienced in this than me.  Thanks in advance

To Sirs

Further to the recent invoice you have sent me in relation to entering your car park.

I had popped into the car park  to collect my son from school as there had been a series of heavy rain showers. I entered the car park, which up until this occasion I had done on a regular basis, as this was a free car park. 

After entering the car park I reversed my vehicle, my engine was not turned off at any point,  I did not exit the vehicle and once I noticed there was a Pay Here sign I exited the car park, this was all within what would be considered a reasonable consideration time (less than 10 minutes). Had there been better signage that this was now a chargeable car park then I would have not even entered the car park.  

I have lived and used this car park for the last 25 years and must say that I find it very underhand to change the car park to chargeable parking without having adequate signage upon entry.  I have taken photos of the car park signs for your perusal.  You will note that the entrance signs are so low (approximately 60cm to the highest point)  that they would be easily blocked by a single pedestrian, the sign is also immediately in front of a zebra crossing.  Please consider that at this time of day this is a high foot traffic area, with 1700 secondary students from the Arthur Terry School and Parents and children from multiple primary schools therefore the emphasis is on keeping pedestrians safe, not looking for an extremely low car park sign.  Maybe you should consider adopting the same principles as standard road signs, 8 foot high and illuminated, instead of hiding them low down.

Please note that I did not actually park as per the definition of parking in  Lord Greene’s judgment Ashby v Tolhurst (1937). 

Therefore in conclusion I can confirm that I do not accept your invoice as after entering the car park and noticing your sign, I exited the car park within an acceptable consideration time.  You will be able to see this by checking your video evidence.

KeithP

Hello and welcome.
Can you please show us the Defence that you have filed?

At this stage your best bet is to pick up the checklist you will find in the opening post of the Template Defence thread.
Item 8 on that checklist describes how to complete an N180, and 9 and 10 explain what to do with it when completed.

Tribecatraders

KeithP said:

Hello and welcome.
Can you please show us the Defence that you have filed?

At this stage your best bet is to pick up the checklist you will find in the opening post of the Template Defence thread.
Item 8 on that checklist describes how to complete an N180, and 9 and 10 explain what to do with it when completed.

Hi Keith

Thanks for the response.  I've called the court and they have advised that I have an additional 14 days to get the response emailed to them.

I cant find my defense, I usually take photos but I think I may have sent it straight to them.  I can call the courts tomorrow and see if they can send me a copy if needed or is there a way to just proceed.  The defense would have been based on what I included in the original post.

I've had a look through the Template defense thread and the Bargepole bit.

Should I just proceed with the N180 completion or speak to the courts first.

Thanks

Tribecatraders

KeithP said:

Hello and welcome.
Can you please show us the Defence that you have filed?

At this stage your best bet is to pick up the checklist you will find in the opening post of the Template Defence thread.
Item 8 on that checklist describes how to complete an N180, and 9 and 10 explain what to do with it when completed.

Hi Keith,

I've found the defense in a file on my computer, its attached below,  I must have done it digitally.

Thanks

KeithP

My post a week ago offered guidance on how to complete a Directions Questionnaire.

Coupon-mad

Tribecatraders said:

KeithP said:

Hello and welcome.
Can you please show us the Defence that you have filed?

At this stage your best bet is to pick up the checklist you will find in the opening post of the Template Defence thread.
Item 8 on that checklist describes how to complete an N180, and 9 and 10 explain what to do with it when completed.

Hi Keith,

I've found the defense in a file on my computer, its attached below,  I must have done it digitally.

Thanks

Can't see it, sorry.

Copy & paste it here instead!

Tribecatraders

thanks, hope this works

Tribecatraders

I've completed the DQ N180 in line with the Bargepole guidance and will send it off tomorrow unless there's something wrong with the original defense, cheers

Coupon-mad

There's nothing you can do to change your defence, but this is perfectly good to build on, in your later WS and evidence bundle before the hearing:

Umkomaas

Whilst you must keep meeting all the requirements and deadlines of the court, as you're dealing with DCB Legal and they've already offered you a reduction in the silly amount they're trying to extract from you, you're currently on course to a potential discontinuation. Read the following thread .... and keep going through the required processes. 

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

Tribecatraders

Hi, I've had  letter from my local county courts setting a hearing date for 14 March 2024.  apart from gathering all my evidence together, is there anything else I should be doing?

Thanks in advance.