DCB Legal - CCJ Defence settlement - What next?

JJBRGGERS

**UPDATE**

So my court hearing was yesterday and the judge decided to adjourn because he wants to summon the landowner to court. The whole thing is rather messy. In the new court order the judge allowed me to withdraw my partial admission of guilt which was a bonus, although contested by the other side as I did not follow the court process to do this. See below for context

- Landowner is responsible for issuing permits who then send them to my landlord / estate agent. 

- Landowner is owner of both the car park and the building that I live in.

- Vehicle Control Services (who initiated the claim through DCB Legal) manage the car park on behalf of the landowner.

- The permit admin mix up has occurred from the landowner sending my FREE renewed permit to the old office of my estate agents / landlord. I attached an e-mail between my landlord and the landowner to my court bundle confirming the permit had been sent to the wrong address dated a month before the tickets were issued.

- In a nutshell the judge did not think I had done anything wrong by parking my car there, but also did not think VCS had done anything wrong by issuing parking tickets to a car without a valid permit (annoying to hear due to the ongoing verbal communication I had with the parking warden), but factually true I guess.

I am guessing the judge has summoned the landowner to court to prove they have sent the permit out which could bring my landlord in to dispute or to try and pin the blame onto me by saying I had the permit but choose not to display (would be strange for anybody to do this, but struggling to see how they could paint me as liable). I have made my landlord aware and they are still standing by the details in the e-mail they provided me and are more than willing to assist due to a separate dispute they are having with the landowner regarding permits of tenants in the building.

What do you guys think my chances of discontinuation are? I am hoping that I am able to claim some legal costs back as I took a member of contester legal firm to court with me yesterday. 

In the event I do need to go back to court what are my chances of legal costs if the case is seen through to the end but goes in my favour 

Coupon-mad

That's a great move! Not only allowing you to remove your partial admission but summoning the landowner - woohoo! Which Judge & court?
Show us that written Order when it comes.

I think VCS will discontinue because the last thing they want is a landowner getting a Summons to appear as a witness. Clever Judge.

I took a member of contester legal firm to court with me yesterday.

That will have helped you hugely, I expect. Costs depend on whether the Judge said 'costs reserved'? If you can't remember, ask Contester Legal what they noted re costs going forward? 

JJBRGGERS

That's what I am hoping too!

I can not remember the name of the judge but he was a district judge and the second most senior judge in the court. I had the impression he was annoyed he was dealing with a parking ticket case. The court was Teesside Combined Court.

Another interesting point to the case is that the landowner has indemnified VCS for any loss suffered according to the agreement between VCS and the landowner. Not sure what this would mean for my case, but my solicitor seemed to think it was a positive thing.  

Would I be right in thinking a discontinuation would allow me to claim back my legal fees and loss of earnings for my day spent in court? 

Coupon-mad

Costs:

We don't know because it depends on what the Judge said in his order. Ask the solicitor.

JJBRGGERS

Thanks for the reply

We do not have a copy of the order yet as the judge said it would not be be available by the end of the day. So I will wait until the order is posted out to me. I will post in here when it arrives.

JJBRGGERS

Here is a copy of the agreement between VCS and the landowner see section 4.4

JJBRGGERS

also see 6.8 below... it looks like something is blanked out in the agreement. 

This was the agreement DCB Legal submitted into their court bundle.