SUCCESS DCB Legal Claim Form/Spring Parking

paddyposh

Thanks both !

paddyposh

Just doing some more prep before the hearing tomorrow. 

Regarding the signs, as mentioned there was one maybe 8ft in front of my car at fence height. All other pics they have included show no signs behind my car or on entry (other than the sign which just states about clamping). I saw on a couple of other threads the Judges had mentioned about the size of the text on the signs and the moreso the fact that they are illegible in the photos they provided. Is that worth mentioning too on the day? I already have noted about poor signage but just in terms of details from reading other threads this morning. I guess also it depends on the Judge on the day.

I know they included a digital image of one which is clear as day but the actual photographs you can barely read the big font let alone the small print.

Umkomaas

I know they included a digital image of one which is clear as day but the actual photographs you can barely read the big font let alone the small print.

If the opportunity arises, that's a point to expand on. A stock photograph hardly correlates with the weather beaten, largely illegible actual one in the car park. 

paddyposh

Sorry another question. Do I get a chance to speak at length? As in can I go through my crib sheet points, referencing sections I want to specifically call out? And would it be a case of raising a point (e.g. landowner authority), then the claimant responds, and I mention the next thing. Or would I get a set period of time where I can go through points a, b, c etc and then they can respond once i've finished?

Nerves getting better of me so apologies just trying to get my ducks in a row

Umkomaas

The judge will determine how long anyone will be allowed to say, or ask. I wouldn't count on having a lot of time to speak, so get your most important ducks at the front of the row. Remember this isn't a criminal case of trying to pin someone down with clever questioning. It's the claimant saying that you owe them money, and you saying you don't. The judge is likely to do most of the talking. 

Car1980

Depends on the judge. Usually they'll ask the claimant to explain their case and then come to you to ask if you'd like to respond. So you'd go through your crib sheet and explain your points one by one.

paddyposh

It's hearing day. I will update later on this afternoon at some point either way.

Sent an email over last night as a last ditch effort (re thread about GDPR / privacy policies), holding out 0 hope.

Not one to ever get luck for anything but fingers crossed I can deliver some good news this evening from the court. 

Umkomaas

Good luck. Let us know how it goes please. 

paddyposh

Will do. Praying they let me take my laptop in with my word doc of points on. Drafting it on pen and paper just in case, but that would look quite unprofessional - oh well, needs must

paddyposh

Had my day in court. When the usher called us through, he said to me this Judge really hates parking companies and laughed. No surprise Alan Vorland didn’t attend, it was just some other legal rep. The judge spoke about a bunch of things towards the claimant first, spending ages on the fact my car had what looked like a permit on display (think it may have been a parking permit from a hotel maybe but couldn't make it out) and after ages questioning the Claminant on the “poor” photos, asked me if it was a permit. I said I never had a permit, best not to lie. Judge then moved onto the period of time (observation time) and when the ticket was issued. The time was 3 minutes, less than the grace period at the time of 5 minutes.

80% of the way through I thought he was in my favour then a comment or two about grace not being free parking and also not acknowledging anything until court wasn’t a good look, so I started to think the opposite.

He then went onto the NTK and quoted a couple of paragraphs from POFA Schedule 4 (think it was points 8 and 9), that the NTK was essentially invalid as it didn’t mention the specified period of time the claim was for. Quick notes I took but believe it was 6.1b p9.2a requires mentions the need for a specified period. Ultimately, they couldn’t prove I was driving either.

 

He then asked me if I wanted to raise anything so I raised the fact the landowner agreement wasn’t signed by the landowner. He said “ah interesting, I didn’t spot that” and went on to check it after I pointed it out and how it contradicted their WS. Read it out to the claimant after I explained my points about validity, the claimant stuttered around words for a few mins and conceded it. Did bring up privity of contract and it being an agent in principal but the Judge waived it off and accepted what I said was valid.

 

I said I had other points to discuss too but prob no point and he agreed as that was enough. 

 

Case dismissed, costs (less than I wanted) awarded. 

 

Asked about next steps and he said go home and relax, you’ll get a letter in the post of this decision. Not sure how long that takes etc

 

Absolutely ecstatic! Thank you so much to those who have helped @Coupon-mad @1505grandad @Umkomaas @Pat_Burger @Gr1pr and others