Seeking help r.e Witness Statement vs UKPC (DCB Legal)

baldnbankrupt

Hi all, I’m looking for some guidance on my case. I have a court hearing scheduled, and since I’m currently out of the country travelling, it will be done via video call.

I’ve followed the newbies thread up to this point, which has been incredibly helpful. I had hoped I could complete the case without having to post but due to the volume of information, it can be difficult to navigate and follow, especially for someone like me who isn’t familiar with legal procedures. Balancing this with work commitments has been tough, and I’ve found myself wishing I’d just paid the £50 (now at £260). That said, I’ve gained confidence from the fact that DCB Legal tends to withdraw, and I want to make sure I submit a solid witness statement so I can eventually make it to the celebratory page!

So i am here seeking a bit of assistance and hopefully a bit of assurance. 

I used the template defence, adjusting what seemed relevant to my case. I’m not sure if I modified enough (potentially leaving in some bits that weren't relevant to my case)

My hearing is scheduled for November 5th, so I need to submit the witness statement by October 22nd. The claimant also has to pay the trial fee by October 7th.

In my case, the PoCs are fairly clear unlike many others as shown here

My argument is that the signage was inadequate and misleading, as evidenced by screenshots I’ve taken from Google Maps. For some context, I was in Manchester with my girlfriend to sort out her visa. I noticed a McDonald’s and figured I’d wait there, "wrongly" assuming it had no parking restrictions (as most McDonald’s near my home town). I went through the drive-thru and got a coffee, so upon entry completely missed the signs marked S1 & S2. The sign S3 made me believe that was McDonalds car park which was further reinforced by signs S4 & S5 advocating additional parking and no signs of entering a "restricted" car park. 

When turning in, the locations of the signs, are hidden, by the tree and by the distance they are away as evidenced below.

Additionally whilst the PoCs say I overstayed the time limit, the images sent by UKPC are vague and don’t show exactly where in the car park my car was, or that i'm even in that car park at all.

I was genuinely unaware of the restrictions and stayed in the car the entire time, so I could’ve moved if I had noticed the signs, which as always are barely legible as below.


I feel confident that I do have a strong claim for this to be throw out. However, I am unsure as to how to structure my witness statement, what cases are relevant for me to draw on etc.

Any help would be greatly appreciated! Thanks

Johnersh

The above is your witness statement (assuming you are content to defend as the driver and are not defending as keeper).

Some witness statements get unduly complicated. Explain what you did and what was visible to the driver. A witness statement is about the facts. Your legal argument come in the hearing. In contrast the PPC will likely serve a generic statement chock full of legal arguments from a paralegal who has likely never visited the site at all. So not really fact. 

If the signage or terms were not visible you cannot have agreed to them nor reasonably be expected to.

If you want to deploy some cases, vine v Waltham and Thornton v shoe lane are relevant for inadequate signage and terms not visible before entry to a site, respectively. Read them.

Umkomaas

You will need to fastidiously go through all the required phases of defending this, but inevitably I'll be recording the discontinuation of action against you, seeing as you're being pursued by UKPC and DCB Legal. Have a read of the first few posts in the following thread, then pick out some more recent UKPC cases to see where you're going. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Coupon-mad

Good evidence photos!  But you won't need them.  DCB Legal won't pay that hearing fee.

baldnbankrupt

Thanks @Johnersh ,@Umkomaas @Coupon-mad , Update: Just received a letter of settlement haha! Is it still worth preparing the witness statement? (I have been compiling a draft). However, if they are unlikely to pay the hearing fee is it worth avoiding spending too much time on it? Thanks

Umkomaas

baldnbankrupt said:

Thanks @Johnersh ,@Umkomaas @Coupon-mad , Update: Just received a letter of settlement haha! Is it still worth preparing the witness statement? (I have been compiling a draft). However, if they are unlikely to pay the hearing fee is it worth avoiding spending too much time on it? Thanks

Usual malarkey from DCB Legal. You say your WS isn't due until the Oct 27th, so a bit of headroom to see if they pay the hearing fee. Time is on your side, but whatever you do, don't fall asleep on this, because if they do pay the fee and you miss your WS deadline, they'll be in like a shot seeking a judgment in default. Then you'll have an expensive mess to sort out. Stick to the required procedures as if they are going to go all the way, until they discontinue.

Emily1275893

Did they discontinue this please?

Coupon-mad

baldnbankrupt said:

Thanks @Johnersh ,@Umkomaas @Coupon-mad , Update: Just received a letter of settlement haha! Is it still worth preparing the witness statement? 

What happened?

Please show us the NoD so we can count it!