DCB Legal

Calvinius

Signs within car park.

Calvinius

Solitary sign outside. You can see the camera here above the sign. I however drove into the car park from the road on the left before this sign, so was unaware of time of operation, also they didn't close the barrier to make one aware that parking is forbidden during such hours.

KeithP

Calvinius said:

...they didn't close the barrier to make one aware that parking is forbidden during such hours.

Of course they don't close the barrier.
If they were to do that it would seriously reduce their takings.
They are not there to ensure people do the right thing.
Their sole objective is to trick people into making mistakes.

Not_A_Hope

The T&Cs sign inside the car park states Registered User only between 9pm and 6pm. However you will still be able to argue that it is not clear and obvious 12 ft up a lamp post in tiny font from where you were in your car. Therefore no contract was formed.

Umkomaas

Calvinius said:

Btw Claimant is Parking Eye, via DCB Legal

the landowner is Barnet Retail Park.

I have complained to Landowner and my MP. 

Are you sure, because the signage in your photos is that of UKPC?

Fruitcake

UKPC signs are always inadequate because the Ts and Cs and the charge for breaching them is in such tiny font that it cannot be read, even from as close as a car length, especially as they are above the height (possibly twice the height) of a standard car. A motorist cannot agree to a parking contract if they cannot read it.

I note that there is no mention of how to become a registered user, which appears to me to be an unfair contract term. If a motorist doesn't know how to become a registered user, they cannot agree to a contract that prohibits parking if they are not registered.

Umkomaas

Play the game as far as it takes you, then UKPC/DCB Legal are more than likely to discontinue their action against you. But, you  must follow the court requirements placed on you, and on time. 

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

Not_A_Hope

The only sign that mentions timing, is the solitary sign on the exterior of the car park, all the other signs on the inside of the car park make no mention of timings. 

Whilst we agree they are not clear and obvious you need to look carefully at the photo of the sign in the car park. There is a blue exclamation mark with hours when parking is not allowed. If it went to court a the PPCs rep will draw the judges attention to it. Your job is to demonstrate it wasn’t clear and obvious and you did not therefore agree to a contract

Fruitcake

This is why you need to take a photo of the sign from a car length away, ideally showing a car for scale, and ideally from the driver's seat, to show that the times following the blue exclamation mark are illegible. Does it say 8am, or 6am, or 3am?

UKPC will provide photos at the WS stage, but this will include a stock image from a computer that is perfectly legible, but you then need to state that it does not represent the signs at the site, and put the claimant to strict proof that the contrary is true. The only relevant (images of) signs are the ones present at the time of the alleged event. You need to put UKPC to strict proof that the driver saw readable signs on the way in, and require them to show photos of the car parked near enough to a sign that it could be read that could form a contract with the driver. Expect to get instead blurry images of signs taken on the date of the alleged event, or clear images from a nice bright, clear sunny day but without your car present.

Not_A_Hope

3.  (a) The defendant concedes that the vehicle was present , but doesn’t recognise that it was the owner who was driving.

(b) The defendant disputes that there was any contract formed owing to poor signage, contradictory signage and oblique terms and conditions

(c) Please find attached to the defence pictures of vehicle in scale to the signs

(d) There is no mention upon signs adorning the car park how one becomes registered user; this is unfair contract term; if motorist doesn’t know how to become registered user, one cannot agree to contract that prohibits parking if they are not registered.

(e) Motorist cannot agree to contract if motorist is unable to read the contract owing to being unable to read signage at reasonable distance from driving position.

a) Is poorly worded. I think you are trying to say you are defending as the keeper but was not the driver of the vehicle. 
b) I think you need to provide background to the type of car park and what the driver was doing there. You can then mention the lack of / poor signage that might form any contract.
c) You will not be providing any evidence such as photos at this stage. That will come later in your witness statement when they inevitably say their case is strong and will be continuing to a hearing.
d) I wouldn’t use the word ‘adorning’. Sounds like there might have been loads of sparkly signs
e) I think is covered in b)

Hope this helps. Don’t miss the deadline