DCB Legal - CCJ Defence settlement - What next?

JJBRGGERS

Thank you, I am hoping the judge can apply common sense to the case so if I offer a path then hopefully they will go down it. What is the likely scenario i am looking at here paying £300 what I have admitted, or would I risk being charged for the full amount due to admitting parking without a valid permit?

Does anybody have any direct links for witness statement examples that would be useful in my case? I am struggling to find them on the forum. 

JJBRGGERS

Also can anybody offer clarity on me not having the correct VC5 / DVLA updated details. I am guessing the responsibility ultimately falls on me to have the correct details, but I have seen other advice in the forum stating otherwise.

Le_Kirk

Yes, it is your responsibility to update your V5C and driving licence with the DVLA every time you move but the PPC  only has one attempt to obtain the registered keeper's details and there is a scenario of timing where the PPCs request for the RKs details crossed in the post/email with your change of address submission. In that case, according to their code of practice, where a PPC receives no response to a PCN, thay should carry out a soft trace to find you.

JJBRGGERS

So after checking the witness statement against my original claim form, they have got the dates wrong. 

The claim form states 2 dates that are incorrect in comparison to the issue date letters shown in witness statement. Would this matter or would it be put down to an admin error?

Also the signage on the car park states 'Valid Parking Permit Holders AND Pay by Phone Only' should this read 'Valid Parking Permit Holders OR Pay by Phone Only'.

Is this worth mentioning in my witness statement or is it clutching at straws?

JJBRGGERS

                      

Coupon-mad

They 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.

Certainly don't do that! However there will be a hearing because VCS do take cases that far.

Why not do a WS a bit like the one seen in the thread by @Harry77 (with exhibits as usual) and ALSO have some words about retracting the final line of your defence having read the Claimant's Witness Statement and realised that they have failed to prove the three allegations and have referred to PCNs with a different date than was pleaded in the POC. This being a significant reason in itself to dismiss two or all of the charges, and as such the Defendant's WS addresses this and includes an application to seek permission from the Judge that the final line of the defence be removed (and the rest of the defence stands as the Amended Defence). The Defendant seeks  relief from sanctions and relies upon the Denton principles and the Overriding Objective for justice at low cost. 

...and attach an N244 application asking for an Order to entitle the Defendant to retract the final line from the defence and that the remainder stands as the Amended Defence.

The N244 will cost £119 if you tick 'without a hearing' which you should, because you don't need two hearings!

JJBRGGERS

above is a copy of my witness statement

Car1980

Valid Permit Holders Only is the primary term in that contract. It says nothing about display.

They can't rely on a secondary term in smaller print about displaying it.

It's no different than saying "Blue cars only"

and then underneath "only blue cars only who have reversed into a space are permitted".

It's a nonsense. 

1505grandad

"6. The Claimant bears the burden of proving, on the balance of probabilities, that:

(a) I was the driver of the vehicle at the time of the alleged contraventions."

But then in later paras you state:

"I was lawfully entitled to park in the car park free of charge, ....."

"On multiple occasions, I verbally confirmed with the car park warden that I was

permitted to park while awaiting the new permit."

Therefore this is irrelevant:-

"8. Even if keeper liability were asserted (which is disputed),../..."

Even your Defence states:-

"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). "

Coupon-mad

The WS reads like Chat GPT wrote it.  Please use your OWN words, not a bot's long words.  I literally lost interest and could not read it because I truly hate Chat GPT, which doesn't know how to write in normal everyday English.

Rewrite it in normal non-AI English.

And don't put things like "This is shown at Page 4."  No.  If you look at other parking case WS - such as the one by @Harry77 - you will see that the WS is written in normal sentences and refers to exhibit numbers.

Add here:

3. Attached to this witness statement is a paginated bundle of exhibits known as <<JB1>>to which

I will make reference, and my N244 application because - having noticed errors and omissions in the Claimant's statement and evidence, I seek to retract the final line of my defence which could be construed as agreement to pay 'the original fine ' (i.e. the FIRST notice, at £60).  I retract that line entirely and am not liable for any sum.