SUCCESS DCB Legal Claim Form/Spring Parking

paddyposh · 1 January at 10:47AM

paddyposh said:

Coupon-mad said:

No you don't. The bundle should contain your stuff and their stuff to assist the Judge. They've done that to try to score brownie points.

You can access it on a device if you take one with you on the day. With 90 pages you'll need to have fast access to them all, in order to follow what's being said by the Judge or the other side.

Thanks. So just to confirm, I could take my laptop with it all open ready for referencing rather than a load of printouts? If so, do I need to inform them or is it OK to just turn up with it?

Just wanted to check on this, is this ok to do without informing them?

Fruitcake · 1 January at 11:45AM

Ring the court where the hearing is to be held and ask if it would be okay to bring your laptop. You might want to state in that request that you will disable/cover up its camera.

paddyposh · 2 January at 9:09AM

Thanks yes will do today.
Its annoying, I have been looking at other threads and feels like I’m the only one they haven’t contacted once via phone. Nor any email offers. Was hoping for them to discontinue as I’m quite nervous about going into court and the prospect of losing

paddyposh · 2 January at 11:04AM

Another question - if I were to lose, what sort of cost should I expect to pay? Would it be the amount on the claim or would the judge knock off some of the extra charges?

Umkomaas · 2 January at 12:38PM

paddyposh said:

Another question - if I were to lose, what sort of cost should I expect to pay? Would it be the amount on the claim or would the judge knock off some of the extra charges?

The latter. £220-ish.

Coupon-mad · 2 January at 4:56PM

£212 in most cases because you'd read the room, get a word in and make sure the added £70 and the unfair interest is disallowed. You can tell from the Judge which way it's going. Nerves are good; keeps you alert!

Almost no case is lost and you are not the only one with a possible hearing.

paddyposh · 6 January at 12:12PM

I have just rang up the court (after spending 45 mins on hold to be told I can't speak to someone directly at the specific court) about taking my laptop. I have emailed them to ask for permission to do this. I hope this will be OK as I don't have access to a printer.

Been going through the documents and made some bullet points of parts to make sure I speak about, will annotate with page/para numbers for my own reference as a little crib sheet.

· No clear landowner authority (agreement signed by unknown party), this agreement is not signed by the landowner and no evidence the "client" has authority from the actual landowner. Agreement is also redacted in parts

· No idea who Alan Vorland is and what his involvement is – hearsay WS rather than legitimate witness account, Ambiguity in Signing "on Behalf of the Claimant", DCB Legals info in the signature section insinuating heavily influenced or drafted by DCBL. Also stated in WS that Alan Vorland may not be able to attend the court, setting up the no appearance

· 'illegal' sign stating clamping – in my defence and ignored in the claimant WS, photos of said sign not included by them. Contracts claimant statement about complying with POFA

· poor signage, no signs seen near car other than one approx 9ft high on side of building.

· no stipulation of where this is for, land boundaries etc. Car was not parked in or near any residential parking bays which are clearly marked out

· non compliance of CPR 16.4

· accusation of using a template defence unwarranted

· claimant has themselves used a generic template, reference to IPC being incorrectly named after they changed name 6 years ago

Any other advice? Hearing is on Thursday.

Is black jeans and a smart/plain jumper OK? Or should I wear suit trousers and a shirt?

Coupon-mad · 6 January at 3:53PM

Is black jeans and a smart/plain jumper OK?

Yes, just smart casual and comfortable. It feels like a job interview in some ways.

Get there half an hour early to get through security. Sign in and ask the Usher about your laptop and if there is any way to print something beforehand (if you want to).

In the waiting room get some water to calm your nerves like at an interview - but not near your laptop, LOL! Ignore their rep before the hearing, or Mr Vorland if he turns up. No accepting "a chat in a side room". Politely say "no we'll talk in front of the Judge, thankyou."

Have proof of sending your WS and evidence to both this court and the Claimant's solicitors at your fingertips in case the rep or Judge says they don't have it!

Very common. Admin is terrible.

If you turn up and find your case has been discontinued behind your back and the Usher says "off you go" say no, I'm here for my hearing, I'm asking for 5 minutes with a Judge to get costs for their unreasonable conduct (not telling you it's discontinued).

Check your junk emails beforehand just in case.

Car1980 · 6 January at 3:58PM

Can we see the image of the sign from their witness statement?

I roll my eyes at some of these contract based claims where the parking company wants to talk about anything other than the contract.

paddyposh · 6 January at 5:07PM

Thanks @Coupon-mad very appreciative again.

@Car1980 I have put some pics below of the signs from their WS. I have screenshotted these from their WS. There is the digitial image of one, plus photos from the scene showing there are signs up. The grey Focus was my car. Other "real life" images appear to be from another day, or certainly are not time/date stamped. As seen in the first photo, the only other sign before my car is up high on the side of the building that you may be able to just make out.

The "illegal" sign I mentioned is last, which mentions clamping and my pushback to them in my defence is that it is in breach of POFA 2012 section 54, where it became a criminal offence to, without lawful authority, immobilise a vehicle by attaching an immobilising device, such as a wheel clamp