DCB- What next?

Coupon-mad

l_savings said:

Issue date: 21/5/24

Particulars:
- Indebted to a parking charge at said location
- PCN was issued
- Pursued for reason: Parked for longer than permitted (as either driver of vehicle owner)

Then costs for PCN + damages, interest rates, court fees etc

They've included in the POC: "Pursued for reason: Parked for longer than permitted (as either driver of vehicle owner)"?

l_savings

Not the exact wording...

- Th defendant is pursued as the driver of the vehicle for breach of the terms on the signs
- In the alternative the defendant is pursued as the keeper

KeithP

l_savings said:

Not the exact wording...

- Th defendant is pursued as the driver of the vehicle for breach of the terms on the signs
- In the alternative the defendant is pursued as the keeper

Can you now please show us exactly what is written in the Particulars of Claim box on your Claim Form.

Maybe take a picture of it and then mask your personal detail from it before posting here.

Coupon-mad

l_savings said:

Not the exact wording...

- Th defendant is pursued as the driver of the vehicle for breach of the terms on the signs
- In the alternative the defendant is pursued as the keeper

Which is NOT specifying the breach and that's the opposite of what you posted before.  Please show a photo of the POC (cover your VRM).

l_savings

This is the actual description on the claim forms

Coupon-mad

So it does say 'parked for longer than permitted'.

What was the issue that delayed the driver that day? How long was the overstay?

l_savings

Overstay by 47 mins in a 90 minute car park.

Reason being not knowing about the charge, not seeing signage and being directly next to another (free) car park.

Car users were paying customers of the business owner car park. £100 for an overstay in a "free" car park...

Gr1pr

Then poor and inadequate signage plus no landowner authority are your main defence topics, plus any other items such as any laws or persuasive judgments etc

But bear in mind that the overstay on a free car park whilst conducting personal business was decided in the Supreme Court 9 years ago in the Barry Beavis case 

Its not free parking for as long as the driver likes, its free parking providing that the driver obeys the rules including time constraints 

Coupon-mad

l_savings said:

Overstay by 47 mins in a 90 minute car park.

Reason being not knowing about the charge, not seeing signage and being directly next to another (free) car park.

Car users were paying customers of the business owner car park. £100 for an overstay in a "free" car park...

Which is (almost) exactly what the Supreme Court decided was OK in the leading case of ParkingEye v Beavis nearly 10 years ago.  Only then, it was an £85 PCN but the rationale is the same, so you can't say "£100 in a free car park is unjustified". So do not even voice that.

Concentrate on poor POC, dark or inadequate signs and use the Template Defence.

l_savings

Hi, could I have some more advice please?!

Now got the court date for the hearing, as well as an email from DCB Legal asking for a settlement payment to not go to court. 

Is there anything I need to be doing??