UKPC PCNs > DCBlegal + Debt recovery plus.

Xefton

I wasn't sure I could put 2 images on 1 page. But I will get to that now that I know. Thank you

Xefton

I won. Was a long wait to get in. My case was 3rd in a queue.

The Judge was very much on my side from the beginning. He skipped evidence and cross examinations and went straight into "legal submissions"? At least that's what I think he called it.

The Judge just gave the claimants representative a chance to prove I broke contract.

I was able to claim £190 in costs at the end. But the Claimant are appealing.

For anyone going to court. I was surprised that an independent was hired to sit the case for the claimant. Having spoken to the independent after the hearing. He admitted himself the claimant had a weak argument, but he himself didn't even get the case until yesterday.

The Judge also wasn't happy with the Claimant side omitting some paperwork. So we were dismissed until that paperwork was sent to the judge via email.

After having said "good morning, Judge" I really didn't have to say another word until asking to claim my costs.

The Judge may as well have been my representative. For anyone going through the same process now, I really don't think the Judge had much time at all for the Claim.


Lastly, a huge thank you to everyone that contributes on this forum. An overwhelming amount of my work was done via resources through this forum. So, truly, thank you very much for all that you do. This forum helped settle my mind right at the start of this whole process, and gave me the confidence to do all the work as a litigant.

Thank you

Coupon-mad

Great stuff. Well done you.

ANOTHER ONE BITES THE DUST!

But the Claimant are appealing.

We doubt it. Their reps are instructed to say that every time they lose but they'd have to prove your judge erred in law.

He didn't err.

Which point was the winning point, just that their evidence wasn't good enough? Signage wasn't good enough or shown to be near the car? The fact that you were a tenant with a right & expectation to park using the permit given?

Xefton

@Coupon-mad

The Judge immediately disregarded every aspect raised by both parties, and said, the issue was the permit. And he honed in on that.

I took tenancy and signed the lease for the apartment in September '22. In December '22 UKPC took control of car park.

It was similar to the Pace v N argument in that, a new contract signed without me, cannot include me as part of the new contract. So the Judge mentioned mostly my Primacy of Contract, which was part of my defence, and that from the Claimant's side, there was no legal consideration. I gained nothing from them taking over the car park.

And therefore, I definitely wasn't bound to the signage that went up when UKPC took over as car park management.

Xefton

Just to add sorry, the claim was always "invalid permit". 

And after what I explained in the previous the post. The Judge highlighted that there was no signage displaying what a "valid" permit should look like. And asked the question, how should the defendant know that his permit wasn't valid at all.

This point went on for a little longer, but, this was the gist of it.

Coupon-mad

What a good judge. Who was it? Which court?

Xefton

Manchester Court.

Deputy District Judge Hamilton.

Coupon-mad

DJ Iyer has them all so well informed about parking scams at Manchester Court!

Xefton

It's now passed the 14 day deadline for the Claimant to pay me the £190.

What can I do about this?

Coupon-mad

Email the solicitors.