private "ticket" from North West Parking Ltd, pursued by DCBL. Won court case.

patient_dream

It seems that Northwest Parking have been fast asleep using DCBL ..... have they not read the DCBL discontinuation thread ???

Take no notice of the rubbish "Can.t pay" logo it is indeed utter rubbish

Play the game with DCBL, THE SO CALLED  LEGAL , THE ODD BALL LEGAL who wastws the courts time 

Northwest Parking ,,,,, WAKE UP

Coupon-mad

LDast said:

Second post in the Newbies/FAQ thread tearless you exactly how to respond to the LoC.

Except this OP must stop trying to do these responses himself.  None of this please:

"I am writing on her behalf/request as her husband."

Nope. 

I'm sad somebody actually paid £60.

skuther

Coupon-mad said:

LDast said:

Second post in the Newbies/FAQ thread tearless you exactly how to respond to the LoC.

Except this OP must stop trying to do these responses himself.  None of this please:

"I am writing on her behalf/request as her husband."

Nope. 

I'm sad somebody actually paid £60.

Just wish I had found this forum earlier. I was naive to think that justice, fairness or common sense had any part in any of this. I know better now.

Coupon-mad

Hopefully we are helping you and your wife with the burden.  Don't pay any outstanding PCN! Where are you at now? 

skuther

The awaited Claim from DCBL on behalf of Northwest parking has arrived.

Defendent is my wife. She is 4months pregnant and had a miscarriage in the middle of the harassment from DCBL - so wants to minimise her stress levels (hence why I am doing it)

, avoid court if possible, but at the same time does not want them to get away with their abusive harrassing behaviour.

Claim issue date is 17th September 2024 - my understanding that the clock starts from 5days... 22nd September?.

We have already sent the acknowledgment form stating we are defending in full + requesting 28days form off.

So presumable we have 3weeks (as of today) left to complete and submit the defense response.

We plan to use the ADDED COSTS DEFENSE TEMPLATE as per newbie thread - modifed as appropriate.

So THE STORY SO FAR: (written from defendent's point of view, rather than my own - but not yet completely turned into 3rd party defense statement - but extra info left in for the forum help) 

On Thursday 28th December evening - defendent and several houseguests had unplanned trip to restaurant on Hartlepool Marina - somewhere none of the party had parked before.

It was a pitch black night, with very poor visabilty. The defendent drove down the side of the marina waterfront and turned right what appeared to be a public road. There were parking spaces at the side of the road just outside the restaurant.

Arrived in two cars at the same time.

1. one disabled driver (defendents mother, who will provide witness statement, but lives 3.5hours away so probably not fair to ask her to come in person) ) parked her mobilty car immediately outside restaurant in disabled bay. She has blue badge and believed it to be free - as no signs seen to the contrary.  I was front seat passenger in this car (and will provide witness statment and come to court in person if needed). She rang to question thinking they had made a mistake - but of course they were not interested and intimidated her into paying (was actually the full £100) as was threatened with increasing costs if she didn't. She is doing SARS request to get her details and considering a small claim as appropriate.

2. Defendent (my wife) parked opposite - with one other adult passenger who will provide witness statement, but lives 3.5hours away so probably not fair to ask her to come in person.

There was one prominent sign stating Hartlepool Marina Car Park, with prices. Nothing about 1. Cameras,  2. private land, 3. terms and conditions, 4.  £100 fees for breeching.

Only photo from on the night was from one parking company sent us - and proves things were so dark you can't even tell see the outline or the colour of the car (it is meant to be white - but black on their photo).or make out anything at all except the front headlights and the number plate !

Disabled mother was not being well enough wonder around in the dark (has rheumatoid arthritis and walking aid) believed it to be free for her, having not seen any signs to the contrary, so she took the children inside the restaurant.

The defendent and two other adults (including a Doctor, an HMRC Manager + an NHS human resources manager - so none of us are stupid/idiots) - wondered around in the pitch black dark for nearly 5mins looking for another sign or a way to pay as there was NO MACHINE and NO VISABLE TELEPHONE number.

Eventually found a very dark small sign just bright enough to make out name of parking app (claimants lawyers have provided a blurry photo - NB. when defendent's husband returned in August24 to take photos of the site for the defense they have replaced this with a sign about 4x bigger with app name, QR code + backup phone number. NB. the "terms and conditions" sign was only seen for the first time when emailed by claimant's solitcitor in August24 Claimants husband found it when going back to the site 6months later to get photo evidence - and the sign in question is placed about 9ft about the ground, with lots of small print which is hard to read even in broad daylight,  let alone one of the darkest nights of the year).

At no time did any of the four above witness find any signs that referenced: 1. use of cameras (and no consent for recording was provided),  2. private land, 3. terms and condititons, 4.  £100 fees for breeching T&C.

Road is on strip of land between Hartlepool Marina and North Sea - very poor mobile reception.

Defendent was unable to even get mobile signal to download the app - so was incapable of paying herself.

Defendent's husband on different phone network had limited reception, enough to download app and register account - but took nearly 20mins. He paid £2 for 2hours, intending to only be 1hour (as kids needed to be in bed). Defendents husband has the receipt in his emails.

The claimant alleges the defendent overstayed (estimated to be 18mins from the end of the time stated on parking receipt to the time of leaving carpark).

The defendent was was unaware of this being the case on the night in question.

The claimant stated breech of contract and demanded £100 - which is disputed by the defendent.

The claimant's husband (naively believing in common sense, justice and fairness) paid them £1 for the alledged overstay and £10 admin fee, but disputed any £100 contract has been entered into.

Then came the campaign of harassment from claimant and their associated DCBL debt recovery and DCBL Legal services - - resulting in signficant harm to the defendent's health and the defendent's husband's mental health ...and now the claim.

The defendent does not recall getting a letter from the claimant (who says they are a BPA member) offering an appeal opportunity eg. to POPLA - so the defendent has already requested all the letters/etc from the parking company AND DCBL, to see if there were any missing, as a SARS.... although might not get processed in time for defense deadline.

My questions to you all:

I understand that the witness statements are different and come later - but things mentioning things in witness statements that are not referred to in the defense may not be accepted by the court later?

1. So slightly unclear how much (or little) to put in the "defense" statement - obviously large chunks of above need stripping out and moved to witness statements.

We believe the claimant is aware that the defendent is the both the keeper and the driver (as per the what is written on the claim) - although I don't think it was specifically stated (but was implied) in the appeal response (we now know better for next time).

We have recently found out (from reading another forum thread, that Hartlepool Marina has its own bylaws - https://www.pdports.co.uk/marine-information/leisure-and-non-commercial-users/

https://www.pdports.co.uk/wp-content/uploads/2024/06/PD-Teesport-Harbour-Byelaws-1977-1985-1.pdf

2. So I understand that POFA may not apply - but does it make any difference in the defense in this instance if claim is against driver?

3. Should the witnesses (thee other adults - one of which will turn up in person also) be referred to and or named in the initial defense?

4. Later on, do witnesses (who are not the defendent) submit their statements directly to the court - or is it all via the defendents evidence pack?

5. Should references to the harrassment and the health consequences to the defendent and one other witness be mentioned in the defense statement (or is it not relevant for "defense").

6. Are any photos permissible in the defense statement, so should that all be left for the later evidence pack.

7. We did seek legal advice after the claim came through - is that worth declaring as an expense? It looks like legal fees are not normally allowed?

8. Things like having to pay out prescription charges for NHS medication (antidepressents) which were only needed due to harassment - should that be declared now / or later / or not at all?

9. We did consider a counterclaim - but the best case scenerio for us would be my pregnant wife not having to attend court at all - and for DCBL to offer settlement. Is it worth considering a counterclaim - or will doing that pretty much guarantee we will have to go to court?

Sorry if the answers are all obvious in the other forums - but it has been overwhelming and we are only now (thanks to antidepressent from my GP, and a boast from guidance received on this wonderful/helpful forum  ) feeling mentally well enough to properly think this through.

Oh and I have written to my MP - quoting various things from this forum as support.

Thanks all,

(PS. photo updated with additional redaction as per below comments).

Coupon-mad

Do NOT do a SAR.

DCB Legal will discontinue before the hearing as long as the Defendant does a good defence then a Witness Statement and evidence.

They are hearing-shy.

This will be fine - no hearing and no money to pay - but make sure your wife (in due course at N180 stage) crosses out an entire three month period as unavailable for a hearing before & after the baby's due date.

Six weeks either side - at least - must be stated to be unavailable due to a past miscarriage and associated mental health vulnerability around this birth and just in case the baby is early or late.

Read the second post of the NEWBIES thread and read the first 12 steps in the Template Defence thread.

Castle

There's a password still showing on the Claim form.

Coupon-mad

Castle said:

There's a password still showing on the Claim form.

Sorted:     

KeithP

With a Claim Issue Date of 17th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 21st October 2024 to file a Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Although I have used the word 'you', everything must be done in the name of the named Defendant - i.e. your wife.

And there is no letter 's' in the word defence.  

skuther

KeithP said:

With a Claim Issue Date of 17th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 21st October 2024 to file a Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Although I have used the word 'you', everything must be done in the name of the named Defendant - i.e. your wife.

And there is no letter 's' in the word defence.  

Oops - "Defense" is the american spelling. Will be sure to correct it in to Defence in final version. thanks