DCB Legal - CCJ Defence settlement - What next?

Coupon-mad

I hoped you'd say that; at least that reduces it a bit.  So you need to make that crystal clear at mediation. £300 as per your defence.

Such a shame you are having to do this but you are stuck with that stance so make it clear it's that on offer. No more.

YOU DO NOT HAVE TO BUDGE.

Don't be bullied by the Mediator to offer more.

Castle

JJBRGGERS said:

Apologies if this has already been asked I have looked but couldn't find clear advice.

Firstly I have only discovered this forum and have not used the advice / templates from this template so I am just looking to know how screwed I am and should I pay the settlement.

BACKGROUND

I live in an apartment that has a public access car park outside, which I am issued a permit for through my letting agency. I have been fined for not displaying a valid permit (will talk about below) and issued 5 tickets across 5 days. The original fine was for £50 per ticket rising to £100 if not paid within 14 days. The correspondence I have received from DCBL since is demanding £1000. I tried to call to negotiate a fair price as this was the first opportunity I had to speak to anyone regarding the case (will explain below). DCBL were non-negotiable and threatened county court if I did not pay. I chose not to pay and DCB filed a county court claim against me for the sum of £1095. I acknowledged service on day 12/14 and then submitted by defence and agreed to part of the claim another 13 days afterwards. 

Are you sure that the discounted figure is only £50, because normally it would be £60 (after the 40% "discount").

JJBRGGERS

HELP!

So DCB Legal have paid court fees and are proceeding with the court hearing. They have filed their witness statements and sent me a copy which disputes everything in my defence. I can send a copy over to anybody willing to help. I need to file a witness statement, here is what I have to start with so any pointers would be helpful. It just seems my defence is a bit weak compared to what they have filed. 

Background

1. I am the registered keeper of the vehicle in question and had a valid permit to park in the ‘Neptune House’ car park during the dates relevant to this claim.
2. The penalty charges were issued during a period when my previous permit had lapsed, and my new permit had not yet arrived due to a miscommunication between my landlord and the parking permit issuer.
3. The permit was allegedly sent to my home address, but I never received it. Attached is evidence of my communications with both my landlord and the permit issuer regarding this issue.
4. My permits cover all dates from June 2022 to the present, including the period when the fines were issued. Copies of both permits are attached as evidence.

Parking Attendant’s Knowledge and VCS Awareness

1. I had informed a parking attendant of my situation, and they advised me to continue parking in ‘Neptune House’ car park. They were aware of my ongoing issue in retrieving my lost permit.
2. Vehicle Control Services (VCS) were also aware of the problem, as evidenced by attached email correspondence acknowledging my situation.

Failure to Receive PCN Notices and Inability to Contest the Charge

1. I did not receive any letters detailing my PCN number. On the VCS website, a PCN number is required to either pay or contest the fine.
2. Without a PCN number, I was unable to challenge the fine through the designated process.
3. The first formal notification I received regarding the fine was from DCB Legal, attempting to recover the alleged debt.
4. The parking site’s website appears deliberately difficult to navigate, preventing users from contesting charges without prior receipt of a PCN number.

Conclusion

1. Given that I had a valid parking permit covering the dates in question, was advised by a parking attendant to continue parking, and was unable to contest the fine due to a lack of a PCN number, I assert that these charges are unfair and should be dismissed.
2. I respectfully request that the Court dismiss the Claim against me.

Statement of Truth

I believe that the facts stated in this witness statement are true.

Signed: [Your Signature]
Date: [DD/MM/YYYY]

Gr1pr

Study recent witness statement plus Exhibits bundles for inspiration , anything within the last few years,  preferably last year or newer

Your statement of truth expired a few years ago,  when it was replaced,  which makes me wonder how old the case studies were that you used  ?

Car1980

You're in a right pickle here. Really you need to make an application to withdraw your admission via an N244 form and cough up £119, because it's damage limitation now. 

I'd talk to Contestor https://www.contestorlegal.co.uk/



 

Le_Kirk

Do we have two threads about the same issue? I am sure I posted about the old statement of truth on another thread by the same poster a few minutes ago

Coupon-mad

JJBRGGERS said:

My permit had expired and my new permit didn't arrive due to a mix up between the landlord saying they had posted it out to me but I had never received it. I had parked my car in the car park with the old permit with a note explaining new permit on way (advised to do so by parking warden).

The machine in the car park has been out of order since I moved in June 2022 and is still out of service to this date. There is a small print on the sign post behind directing you to pay online. My argument was that the penalty seemed harsh when I now have the two permits that when put together show that I have been been authorised to park there by the permit authorisers since date my tenancy started July 2022.   

You also need to tell us what is in your tenancy agreement about parking. Or in the original advert for the flat?
So looking through my agreement I can not find anything stating specifically I can park in my tenancy agreement.

How did you know you had a right to park?
I was told by the letting agency who issued me a permit directly from the parking company shortly after moving in

Did the landlord provide the first permit from day one? Why did you need a new one?
The permit only lasts for so long and then they expire and send a new one out, it is meant to be without delay, but it was a mix up in postage that caused the time elapse between the 2 permits, but the first permit start date and the second permit end date cover every single day between the two of them. 

That's far from a weak defence!  Did you not see the cases won regarding residential cases?   Trouble is, as we told you earlier ... eek... you made a partial admission.  Your defence agrees to pay the amount 'of the original fines'.  

Did you do what we advised, attend the Mediation call and repeated that offer?

What happened at Mediation?

By the way I see I assumed it was UKPC on page one, am I right?  Or could it be Spring Parking?

No wonder they are carrying on.  They are pretty much guaranteed £300 in this case unless you apply to the court for permission to retract the partial admission, as far as we can see. But IANAL.

Contestor Legal (who are lawyers specialising in parking cases - Google them) can help you do that but it will cost you a fee for them to handle it.  I think you do need that help because the claim is 4 figures and you made an admission.

In terms of the facts: not having a renewed permit, you did nothing wrong. It was impossible to comply and you had authorisation from the 'warden' to just put a note in the windscreen.  The same person who then went on to issue the PCNs to your car, behind your back. 

And the reason you received no PCNs by post was because your V5C still had your old address on it.  Have you updated the logbook address now?  Changing the address on your driving licence is one of two things you have to separately do to advise the DVLA of a house move.

Coupon-mad

Rules on Admissions suggest you have left this late:

https://www.moorebarlow.com/blog/the-rules-on-defendant-admissions/

CPR 14 .1 provides that, where a defendant makes an admission after the commencement of proceedings, the permission of the court is required to withdraw or amend a decision. The court’s power to allow a party to retract an admission is discretionary, but Practice Direction to Part 14 (paragraph 7.2) states:

‘In deciding whether to give permission for an admission to be withdrawn, the court will have regard to all the circumstances of the case, including: (a) the grounds upon which the applicant seeks to withdraw the admission, including whether or not new evidence has come to light which was not available at the time the admission was made; (b) the conduct of the parties, including any conduct which led the party making the admission to do so; (c) the prejudice that may be caused to any person if the admission is withdrawn; (d) the prejudice that may be caused to any person if the application is refused; (e) the stage in the proceedings at which the application to withdraw is made, in particular in relation to the date or period fixed for trial; (f) the prospects of success (if the admission is withdrawn) of the claim or part of the claim in relation to which the admission was made; and (g) the interests of the administration of justice.’

However, what exactly was offered by you and them at Mediation, at the phone call?

JJBRGGERS

 
Did you do what we advised, attend the Mediation call and repeated that offer?

What happened at Mediation? I attended the mediation and repeated the offer. The court appointed mediator found it to be a very fair offer and was shocked they did not take it giving the details of the case. Thy refused to budge on their offer of £720 which still stands. I am tempted to pay this offer to prevent losing a days earnings by attending court and potentially losing more. 

By the way I see I assumed it was UKPC on page one, am I right?  Or could it be Spring Parking?  It is Vehicle Control Services (VCS) who are the claimaint.


Contestor Legal - I have contacted them through the web form, the problem being my case is 16 days aware from court and I need to submit a witness statement ASAP. I have been working away and only came into this letter dated from January 11th yesterday. I feel like my earlier actions or lack of them have harmed my chances in court. 


And the reason you received no PCNs by post was because your V5C still had your old address on it.  Have you updated the logbook address now?  Changing the address on your driving licence is one of two things you have to separately do to advise the DVLA of a house move. - Both DVLA and VC5 have been updated, but in their witness statement they have put forward that it is my responsible to update the DVLA of any address changes, so i am not sure how that would look in court.

Car1980

Maybe the best plan is to withdraw your admission within your witness statement. Be honest. You were mistaken that you thought the money was owed, but have since obtained legal advice to the contrary. The judge can never unread what is put in front of him/her.

The other side will pipe up about your admission first of all, but your response would be that you wish to withdraw it as stated in your witness statement. They'll probably say "you need to submit an order for that", so you say you are a litigant in person, not legally qualified and that you hope the judge will accept your retraction.

I think it's all about giving the judge a path to accepting you had permission to park even if you were lacking a physical permit, and the "warden" altered the terms of the contract by giving you authorisation to park. 

The judge's hands are tied unless you retract that admission.

What was said or offered at mediation isn't relevant really since it's an aside from the case isn't it? The judge only knows you both attended and didn't come to an agreement.