Help with defence please.

Umkomaas

ARAYNER123 said:

Hi There,

I part own a flat, which has a carpark managed by PCM - Parking Control Management.

My lease gives me the full right to using a designated car parking space. We have a badge (slip of paper) to show as a permit. However, the permit seems to have curled, and although showing, it was unreadable (you could only see the badge was present). However, you could clearly see it was a permit nonetheless.

PCM has fined me for it being unreadable/invalid.

I've appealed it on the grounds it was present, but just curled. I've sent in new pictures including the car (with numberplate) with it uncurled.

Should they now retract the fine? Would legally I have a basis to appeal this?

Many thanks indeed for your help,

Alex

Please keep discussion of your parking charge to the new thread you have just opened, then the originator of this thread won't be confused by any answers we give to you. Likewise, your own thread will be 'protected' from anyone else's case hijacking it.  Thanks. 👍

Coupon-mad

1505grandad said:

Just checking  -  should the Chan and Akande cases be included?  -  they were not in the Defence and the PoC seem to state the breach.

If the POC stated the breach then no.

I didn't read back and presumed the OP had reason to use them. Can't sense-check everything but I'm glad you are here to catch things!  You are no doubt right.

Emily1275893

So I need to remove all of Exhibit 1 and all of the points under ' Preliminary matter: The claim should be struck out'   ?? 
Sorry I thought it was just part of the template

Coupon-mad

There is no template for a WS.  Cut it down to be more concise. Don't copy everything from someone else's case.

In fact, if you used the Template Defence, don't repeat the second half blurb in the WS. They are exactly the same aren't they? So remove all the repetition.

Your WS should primarily support your defence by telling your story and attaching exhibits.

Emily1275893

https://www.dropbox.com/scl/fi/953w5wmb5l394hfe809rn/witness-statement-EM-19.01.2025-redacted.docx?rlkey=wjxhprf309mznzadj2pza5ezq&st=5erqc3yu&dl=0
I have updated it pls will someone check before I send ? 

Coupon-mad

Emily1275893 said:

https://www.dropbox.com/scl/fi/953w5wmb5l394hfe809rn/witness-statement-EM-19.01.2025-redacted.docx?rlkey=wjxhprf309mznzadj2pza5ezq&st=5erqc3yu&dl=0
I have updated it pls will someone check before I send ? 

I'd add another transcript; HMRC v NCP which you can find when searching the forum for:

NCP HMRC green button defence

Your results will also give you the 'green button' defence words already written to copy!

Emily1275893

Hi All, I was just about to send my WS off today and saw an email from dcb with the discontinuation. Just wanted to thank you all for the help,  I could noway have done it without you all and appreciate it so much! I would've been another one scared into paying them with all the harassment they've sent me over the years. Thanks so much. 

Umkomaas

Thank you Emily for confirmation and copy of the NoD. Off we go to the DCB Legal Discontinuation thread of shame to include you as one of the successful stories. Nice one. 👍

Coupon-mad

Yay, well done, a monkey off your back!

ANOTHER ONE BITES THE DUST!

patient_dream

Emily1275893 said:

Hi All, I was just about to send my WS off today and saw an email from dcb with the discontinuation. Just wanted to thank you all for the help,  I could noway have done it without you all and appreciate it so much! I would've been another one scared into paying them with all the harassment they've sent me over the years. Thanks so much. 

Well done ..... you played the game with DCBL, THE FAMOUS SERIAL TIMEWASTERS until they chickened out.  DCBL WASTED YOUR TIME

Your MP shoyled be alerted to this court timewasting