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UPDATED - Dispute Resolution Hearing - An Outcome

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Comments

  • Hi @Coupon-mad, so they did make a new submission.

    Quite surprised as everything I read suggested DCBL/VCS would drop it prior to court.

    To make another submission indicates they are taking it all the way...let's see!
  • Coupon-mad
    Coupon-mad Posts: 155,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 14 September 2024 at 6:52PM
    Pcyuljr1 said:



    Hi @Coupon-mad, so they did make a new submission.

    Quite surprised as everything I read suggested DCBL/VCS would drop it prior to court.

    To make another submission indicates they are taking it all the way...let's see!
    So you can now amend your defence.

    Show us their new Particulars.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Pcyuljr1
    Pcyuljr1 Posts: 29 Forumite
    10 Posts Second Anniversary Name Dropper
    edited 15 September 2024 at 11:08AM
    Thanks @Coupon-mad. It seems like they are coming for me! I have added the new particulars below - nothing massively jumps out at me as being different.




  • Castle
    Castle Posts: 4,952 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    So they haven't included an actual copy of the signs, (the "Contract"), only extracts of a few terms which may or may not be on the signs.
  • In their para 11 they state:-

    "Paragraph 1 of POFA clarifies that the Registered Keeper is presumed to be "Keeper"............."

    Do they mean Schedule 4 paragraph 2?


  • Pcyuljr1
    Pcyuljr1 Posts: 29 Forumite
    10 Posts Second Anniversary Name Dropper
    edited 15 September 2024 at 2:54PM
    Castle said:
    So they haven't included an actual copy of the signs, (the "Contract"), only extracts of a few terms which may or may not be on the signs.
    They have previously provided the signs, on their initial submission.

    However, in my defense response I challenged three primary points;

    1) I dispute the land is private land

    2) If proven it is private land, I dispute VCS's authority to enforce parking restrictions on behalf of the landowner

    3) If they do have this authority I dispute the signage/road markings being of sufficient standard to indicate the above

    Now I do not know why the Judge requested further information from the Complainant, but they still haven't provided evidence to contradict my challenges (land registry documents, contract with land owner to enforce the private land, an argument around the land being signed well enough).

    I'm getting to the end of my tether now and even if they do want to just drop it prior to a hearing, I would still want some costs recompense, purely for the time spent on the matter. Might be wishful thinking...


  • Coupon-mad
    Coupon-mad Posts: 155,696 Forumite
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    Costs (not compensation) are already explained in the NEWBIES thread second post. 
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Pcyuljr1
    Pcyuljr1 Posts: 29 Forumite
    10 Posts Second Anniversary Name Dropper
    Hi everybody.

    I have previously submitted my defence and am proceeding to court. The newbie indicates the next stage is a court hearing.

    However, I have been requested to attend a (telephone) dispute resolution hearing.

    I haven't seen this referred to within the newbie guide.

    Am I missing it somewhere? Does anybody have advice regarding how I approach this stage?

    Thanks as always.
  • Coupon-mad
    Coupon-mad Posts: 155,696 Forumite
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    Yes some courts do that. Search the forum for Dispute Resolution Hearing Judge
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Pcyuljr1
    Pcyuljr1 Posts: 29 Forumite
    10 Posts Second Anniversary Name Dropper
    edited 6 November 2024 at 2:13PM
    Hi everybody.

    I'm due to have my resolution hearing in a couple of weeks, one eye on the fact every post I read about DCB Legal indicates they will drop it before an actual court hearing.

    I was surprised to receive yesterday a 90 page witness statement (with exhibits) from them.

    They clearly have invested the time in this case and I'm now expecting to be stood in front of a judge in a couple of months as not sure we'll resolve anything at the resolution hearing.

    The reason for my post is that the witness statement makes comment of the use of copied Internet documents/statements - like we mention with their PoCs. It also pre-empts the use of double recovery and attempts to negate this. They are clearly getting wiser to things.

    If I posted the relevant parts of their statement, would any people be willing to have a look and provide some advice over the next couple of days? I need to submit my witness statement over the coming weekend.

    Thanks in advance.
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