DCBL intending to proceed with claim

KB_Doopla

Hi all, 

Just found out about this thread and need some advice, as I am not familiar with this kind of thing and have never been taken to small claims court before. 

For context and trying to avoid doxxing myself, I was once employed at a particular NHS trust . My role was to provide overnight cover, and I was provided hospital accommodation for free. Part of this included parking, and I would park my car overnight at the carpark without issues. On one occasion, I received a PCN from parking eye, which I successfully appealed by providing evidence that I was in fact working that night and I had a right to park in the car park. I have evidence of this successful appeal. Few months down the line, I receive threatening mails from DCBL about taking me to court for 2 or 3 different contraventions. I did not receive any PCN from parking eye, otherwise I would have naturally appealed them as I had done before. Therefore, I completely ignored these letters. A family member on one occasion picked up one of these threatening letters, and in panic, paid the charge for one of the contraventions. Later on, kept receiving threatening letters for other contraventions, and eventually a letter about taking me to court. I provided a defence statement explaining that I had legitimate reason to park in the car park and that previously I had a a successful appeal. DCBL contacted me asking for evidence that I was working during those dates, which I provided. Now received a letter stating that their client (Parking Eye) intends to proceed with the claim, however they may be prepared to settle the case and that I should contact them. I am assuming this will be through a mediation hearing. 

From what I briefly read on this forum, I understand I should avoid a mediation hearing. What should be my course of action and what should I tell DCBL (they asked me to contact them)? Should I speak to the parking management of the hospital and explain the situation? 

Any help would be greatly appreciated! Sorry if its unclear, wrote in a rush!   

Gr1pr

Its not Dcbl LTD, debt collectors , its probably DCB LEGAL, lawyers acting on behalf of the parking company, Parking Eye 

The newbies FAQ sticky thread in announcements explains all the steps, so they have told you that they are proceeding with the claim, so the N180 stage is next, so study the steps in that thread and the linked defence template thread, again in announcements, both by coupon mad 

You should have spoken to the hospital months ago, its never too late , read the guidelines 

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

Staff working night shifts

Staff working night shifts are members of staff with a shift starting after 7.30pm and ending before 8.00am. They receive free parking for the duration of their shift.

Which hospital. ?

KB_Doopla

Thanks for the quick reply; yes you're correct, it's DCB Legal and the next stage is the N180. They have sent me their own copy. Thanks for the signposting, I will have a look at the guidance. 

I'll contact the hospital pals ASAP. Hospital is one of the Birmingham Hospitals. 

Coupon-mad

Is the claim for one PCN or several?

Show us the Particulars of Claim please.

And your defence, so we know what you can expand on, at Witness Statement stage.

KB_Doopla

Claim is for three PCNs. Unfortunately only just stumbled across this forum. Is it okay to show the defence? Will I dox myself and are their solicitors browsing through these forums (I assume most likely?) 

KB_Doopla

Regarding the guidance from the government website about staff working night shifts are entitled to free parking, the only issue could be that it states between 19.30 and 08.00, whereas my car may have been parked until about 09.00. 

Also I can provide copy of the defence, but its on my laptop at home, so will do tonight if it is safe to do so.

Le_Kirk

KB_Doopla said:

Also I can provide copy of the defence, but its on my laptop at home, so will do tonight if it is safe to do so.

Loads of people post their defence here for checking BUT if you use the defence template ONLY post the paragraphs that you alter or amend, we don't need to see the whole template! Once checked and critiqued you then add those paragraphs back in to the template and send the whole thing by e-mail to the address provided in the defence template thread..

Coupon-mad

KB_Doopla said:

Claim is for three PCNs. Unfortunately only just stumbled across this forum. Is it okay to show the defence? Will I dox myself and are their solicitors browsing through these forums (I assume most likely?) 

Some do, but they've already seen your defence anyway.  Be open with us - you are perfectly safe - and we'll assist better with your WS and evidence bundle.

We need to know what you said by way of defence (don't be embarrassed). We can help.

KB_Doopla

Apologies for the delay...

I believe I submitted my defence via the online portal. Unfortunately I cannot recall how to access this, and very stupidly I did not save a copy. Is there any way for me to view my statement online? 

Furthermore, when filling out the n180, it does not give me an option to reject a mediation hearing. It seems like they have made it compulsory, but they have stated that if we do not come to an agreement, it will proceed to the small claims court. This is different to the newbie thread, where there is an option to reject the mediation hearing. I have attached a screenshot of the n180 form section A relating to the mediation hearing. 

I have been somewhat disorganised when handling this case, but hope with your help I can overcome this. Thank you for everything you do. 

KeithP

Why not phone the CNBC - number is on your Claim Form - on Monday morning and ask them to email a copy of your Defence to you?

KB_Doopla

Yeah that's a good point, I'll try on Monday, and upload it here once I receive a copy. Have they changed the N180 form? It seems very different to what has been discussed on the Newbie form. There is no option but to accept the mediation hearing. For the following response, is it better to proceed without a hearing? If no, what should I put as the response?