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

Fruitcake

Do you know know for certain of the driver's identity was ever revealed, because L believe the site is still covered by marine bylaws, meaning the keeper can't be held liable.

Have a look at the bylaws anyway because I do not believe failing to pay for parking, or whatever the trumped up charge is for, is a bylaw breach.

The marina bylaws come under The Tees and Hartlepools Port Authority Act 1966, and The Tees and Hartlepool Harbour Bylaws 1977, and 1985.

The last page of the bylaws detailed from the link below includes a map.

eCopy, Inc.

skuther

Fruitcake said:

Do you know know for certain of the driver's identity was ever revealed, because L believe the site is still covered by marine bylaws, meaning the keeper can't be held liable.

Have a look at the bylaws anyway because I do not believe failing to pay for parking, or whatever the trumped up charge is for, is a bylaw breach.

The marina bylaws come under The Tees and Hartlepools Port Authority Act 1966, and The Tees and Hartlepool Harbour Bylaws 1977, and 1985.

The last page of the bylaws detailed from the link below includes a map.

eCopy, Inc.

Driver identity was revealed sadly - but yes I did reference this in my original Defence (see above) and have it to  include it in my evidence pack. Thanks

skuther

Panic over.  I got the witness  statements rewritten with rebuttal of some of their points submitted before the deadline.

Only catch was I stupidly sent the full 20page byelaw document over to court (2/3 of which is completely irrelevant about boat rules in the harbour), which pushed it over 50page print limit and they asked for a paper court, ouch!

Responded to their email with version with only appropriate extracts from the byelaws, but by then was few hours after the official deadline. Hopefully won't get penalised for that?

Parking company evidence pack ironically actually supports our case - with the only compelling evidence from them applying to a car park 100metres down the road on the other side of a building... and I am sure if we had parked down there we might have seen their signs and had access to payment machine.... but that is not where we parked!

Managed to get a total of four adult (including driver) helpful eyewitness statements in also - so not worried about not winning case, just tiny bit worried that might not be in the DCBL pre-mature discontination statistics.

Can't imagine they will waste money on paying court fee if they actually bother to read the witness statements first.

I do promsise to let you all know one way or another what happens and not be yet another person who disappears from the forum without letting you know of the outcome (really annoying when that happens, like a story with the ending missing).

Coupon-mad

Sounds fine. Don't worry that the adjusted version was 'late'. Did you cc in DCB Legal?

skuther

Coupon-mad said:

Sounds fine. Don't worry that the adjusted version was 'late'. Did you cc in DCB Legal?

Original one was cc to them in the time limit. The one with shorted exhibit-13 (byelaws) was sent a bit later. Sorry for delay - had a baby in the meantime. Baby doesn't seem to like sleeping at night.

Less than 2weeks until court date now (mon 7th APRIL) and no discontinuation - I note that a few DCB Legal cases have got as far as court recently.

I really hoped I was in with a shot of being discontination number 500 - so disappointed!

I am wondering if it is worth sending DCB Legal them an email highlighting the potential costs - I see it worked for someone else.

As per the court directions and witness statements there are FOUR witnesses - two of which will definiately turn out.

Should I point out to DCB Legal that:

As per the court directions form there are (upto) FOUR witnesses.

• 4x£95 = £380

2x local witnesses arriving in same car

1. Travel expenses 45p/mile = 19.6mile = £8.82

2x witness travelling from further away in the UK.

1. 220mile round trip  - 45p/mile = £99
2. 214 mile round trip – 45p/mile = £96.3

The disabled witness is likely to need an overnight stay to recover before travelling back. Cheaper hotel like premier inn is £90-110 a night.

 So already potentially up to £700 in "fixed costs"

Then if for a finding of unreasonable conduct by this Claimant, seeking costs pursuant to CPR 46.5

as per witness statement "claim costs to reflect the 20+ hours of work I have had to do as litigant in person to prepare Defence, witness statements and evidence pack.
•                     £19 an hour x 20hours (underestimate) = £380"

Then locum costs to cover my NHS clinic (£200-400).

So that is a potential:

• £700 in fixed costs
• £480 in additional costs if unreasonable conducy
• Total £1180.

and then point out to them that if they discontinue now (before locum cover + travel costs are committed to) they will save "their client" (North West Parking) potentially over £1000?

What do you all think?

Coupon-mad

Yes email that now.  Tell them you are also bringing your baby with you or charging for childcare for half a day.

Congrats to you all, on the new baby, by the way!

skuther

I sent the email as above - but just got the automated acknowledgement. No actual response.

Court date is tomorrow - assuming no last minute discontinuation.

Will let you know the outcome - whatever it is thanks for all your help.

I re-read my evidence pack with rested eyes and realised I had referenced Excel v Wilkinson - but forgot to enclose it. Probably not the end of the world (unless you recommend otherwise). I think the rest adds together nicely, I am quietly confident.

Three witnesses attending (the fourth one cant come).

Ralph-y

good luck ,....

Coupon-mad

skuther said:

I sent the email as above - but just got the automated acknowledgement. No actual response.

Court date is tomorrow - assuming no last minute discontinuation.

Will let you know the outcome - whatever it is thanks for all your help.

I re-read my evidence pack with rested eyes and realised I had referenced Excel v Wilkinson - but forgot to enclose it. Probably not the end of the world (unless you recommend otherwise). I think the rest adds together nicely, I am quietly confident.

Three witnesses attending (the fourth one cant come).

Take proof of emailing your bundle and whatever else you sent to the local court and solicitors (I hope you didn't email anything to the CNBC after the case was locally allocated).

Take printed copies so you can hand a full bundle to the judge, if needed.

All of you: get there HALF AN HOUR EARLY to get through security and sign in with the usher. Loo break, get some water, read notes.

DO NOT speak to the C's rep in the waiting room nor get talked into a chat in a side room before the hearing!

Andyjbs

All, Sorry to jump on this thread as I have exactly the same issue with Hartlepool Marina and have a court date on Wednesday this week.

My defense is around the poor signage, lack of opportunity to dispute and Port Authority Bylaw (i have not confirmed the driver identity). Also, on the POC the overstay duration was not mentioned, I see in previous case CEL v Chan the case was dismissed 'striked out' - should i also mention this or is it too late. The claimant has also issued photos of signage from a later date then the alleged offence (tariff and machines have changed) how do I challenge this. Lastly and most important my wife (the defendant) can not attend court (she finds the situation too stressful) how do I attend on her behalf (FYI I have DOA as i attended mediation call).

Please let me know how your outcome Skuther (good luck0

Thanks again.