PCN claim with DCBL mediation done and now with local court - help.

Coupon-mad

Recent winning WS include those by:

@Harry77

@Defendant911

@Milliered

Ghutch

@Coupon-mad



Submitted my Witness statement following the advice on here and looking at the links above.

A SWS had been submitted - is it worth writing my own SWS? I know this is outside the allocated time for submission and judegs don't like email tennis but also want to stand up for myself.

Key bits of their SWS...

The Defendant’s Witness Statement
5. The Defendant’s statements in relation to the British Parking Association (BPA) bear no relevance. My Company is accredited by the International Parking Community (IPC) and we act in accordance with their Code of Practice.

6. The Defendant comments on my role within the Company and alleges that the First Witness Statement of xxxx is a hearsay testimony. This is denied in its entirety. It is respectfully submitted that as a Litigation Manager within Excel Parking Services Limited, I have significant direct knowledge of the Parking Charge that the Defendant has been issued with, and the evidence provided within the First Witness Statement of xxxx is held by my Company and is exhibited within the First Witness Statement of xxxxxxxx in support of the Claim against the Defendant.

7. It is submitted that the Defendant is making far-fetched comments in relation to my employment within Excel Parking Services Limited. The matter at hand is the Defendant's liability for the Parking Charge that was issued following their failure to comply with the Terms and Conditions of parking.

8. The Defendant alleges that the evidence within the First Witness Statement of Jxxxxx is insufficient to demonstrate receipt of the correspondence. This statement is baseless. All documents pertaining to the Parking Charge and Claim have been issued to the same address of xxxxxxxxxx which is the same address that the Defendant has confirmed as their address for service. In addition to this, the Defendant is put to question, how can they query delivery of the correspondence when they responded not only to the Claim, but also appealed the Parking Charge following the Notices (“EXHIBIT 7” of First Witness Statement of xxxxxxx) and the Letter of Claim (“EXHIBIT 8” of First Witness Statement of xxxxxs)?

9. The Defendant’s request for costs are denied in their entirety. The costs are not supported by any documentation to evidence the costs incurred. Pursuant to CPR 27.14, costs are not ordinarily applicable to small claims. Notwithstanding the above, and without concession, the Defendant is put to proof that the costs claimed are true.

Conclusion

10. It is my respectful submission that the Defence and Witness Statement are entirely without merit and as such it is requested that the Defence is struck out and Judgment awarded in favour of my Company, payable forthwith. 

11. I may not be able to attend the forthcoming hearing. Should this be so, an advocate will attend on my behalf. I ask that the Court accepts this as written notice pursuant to CPR 27.9(1). If I am unable to attend, please decide the claim in my absence, taking into account the advocate’s submissions, this Statement, and any other evidence filed. This paragraph demonstrates my compliance with CPR 27.9(1)(a)-(b).

12. In the event an advocate does attend the hearing, I request their fee be added to the amount sought.  

Ghutch

Umkomaas any experience with DCBL and SWS's?? ^^^^

LDast

What is the hearing date and what was the deadline for submitting the WS? Have you checked to see whether the trial fee has been paid?

Umkomaas

Ghutch said:

Umkomaas any experience with DCBL and SWS's?? ^^^^

No, sorry. Hard to know why they have submitted a SWS as there's nothing in your thread about what your WS (or even your Defence) had to say. 

For example, what they say here suggests that what you might have sent (Defence or WS) was possibly factually incorrect. 

5. The Defendant’s statements in relation to the British Parking Association (BPA) bear no relevance. My Company is accredited by the International Parking Community (IPC) and we act in accordance with their Code of Practice.

It is only today, 6 months on, because they mention the name of their company (Excel) in their SWS, that it's become evident who you are being pursued by.

It's so difficult to advise when we are doing so 'blind'.

All I would say is that if it's a single ticket (which again we have no idea) a discontinuation is the pattern followed in the majority of cases by DCB Legal. If it's a multiple ticket, possibly less so.  If your Defence or WS is badly 'skewed', they may decide it's worth their while 'taking a punt'. Difficult to predict.

Coupon-mad

Do not put in your own SWS.

RESIST THE URGE!

If that one arrived too late (going by the Hearing Order) just raise that first at the hearing and ask the Judge to disallow it as it adds nothing and seeks to just unfairly attack a litigant in person who has engaged at all stages and did their best to respond to a very poorly pleaded claim.

Ghutch

Hi all,

Thanks for your help! I won!

Brief overview of claim (Against Excel and DCBL) - PCN issued for not paying in time but did purchase a ticket (16mins later), this was due to the time to download an app and wait for verification texts (TWICE!!).  I challenged bad signage, insufficient time to park and pay etc. But ultimately, the judge was fair, and sided with me stating there is a frustration with the contract and dismissed the case. 

Thanks again! @Coupon-mad @Umkomaas

Umkomaas

Nice one. Well done. 👍

Nellymoser

Glad judge dismissed your case. 🥳

We so badly need protected from this greedy nasty industry. Please join the motorists in demanding the re-launch of Govt-backed CoP.

A simple signature, share if you can. 🙏

https://petition.parliament.uk/petitions/701453

Coupon-mad

Ghutch said:

Hi all,

Thanks for your help! I won!

Brief overview of claim (Against Excel and DCBL) - PCN issued for not paying in time but did purchase a ticket (16mins later), this was due to the time to download an app and wait for verification texts (TWICE!!).  I challenged bad signage, insufficient time to park and pay etc. But ultimately, the judge was fair, and sided with me stating there is a frustration with the contract and dismissed the case.  

Yay!

Well done for seeing a rare hearing through, in a DCB Legal claim case. They normally discontinue ... but not always, in cases involving Spring Parking or Excel.

ANOTHER EXCEL ONE BITES THE DUST!

I hate their 'paying too late' rule and will be having a word in the ears of the MHCLG to ban this rogue conduct. Sorry (...not sorry! ...) SRS. This sharp practice is going to be history I predict, what with all the bad publicity about Rosey's case and even Will Hurley is onside, albeit he blamed the DLUHC. Chortle!