DCB Limited - Notice of Debt Recovery

Castle

Unhelpfulelf said:

fisherjim said:

If that photo of the terminal is what it displayed at the time it clearly states that your VRN has been added, it also states some form of system error on the PE link.

In my view you complied with the signage and needed to do no more, any systems failure is beyond your control or requirements of the T&C's.

I can't see a judge or POPLA could refute that personally!

Sorry my bad, on the day the terminal was down but have no way of proving that except from a confirmation from the gym.

Which is good enough since the Gym is acting as an Agent of Parking Eye.

Gr1pr

As above 

Your testimony plus a witness statement letter from the gym is good enough, plus your own WS that would describe the usual system that works most of the time, but didn't on this and other occasions, promissory estoppel seems to apply here

Its not for you to prove anything, its for the claimant to prove that the driver was in breach of the terms and conditions, as fisherjim explained earlier, you tried to comply as usual but the failure was beyond your control and any claim made against you is unreasonable if the circumstances are beyond your control 

The fact that the gym has a Parking Eye terminal means that they are an agent for Parking Eye, otherwise there wouldn't be one there , this is all good information and you are now getting a handle on the true situation 

So what would your paragraph 3 say ?

Unhelpfulelf

Gr1pr said:

As above 

Your testimony plus a witness statement letter from the gym is good enough, plus your own WS that would describe the usual system that works most of the time, but didn't on this and other occasions, promissory estoppel seems to apply here

Its not for you to prove anything, its for the claimant to prove that the driver was in breach of the terms and conditions, as fisherjim explained earlier, you tried to comply as usual but the failure was beyond your control and any claim made against you is unreasonable if the circumstances are beyond your control 

The fact that the gym has a Parking Eye terminal means that they are an agent for Parking Eye, otherwise there wouldn't be one there , this is all good information and you are now getting a handle on the true situation 

So what would your paragraph 3 say ?

Perfect thank you.

If im understanding P3 correctly, I think it would be hard for me to get the gym to admit that they messed up the booking process. I could ask but not sure they would give me that in writing if they thought they would be liable for the parking ticket in this case (which have no clue if they can be). But usually what happens is that if the terminals down, you put your numberplate on a piece of paper next to it and they enter it into the system themselves later or something. And if its working you just enter it normally and it gives that message on the screen from before. Sometimes the device is out of charge or simply the screen is just not working due to being broken etc, tbh its a very very very crap system and the gym moan about it all the time. 

Gr1pr

Then your P3 would condense the above into you relying on the gym to process the e permit when the system was back, same as numerous times before or since. You complied with the procedures and processes and the failure was beyond your control 

Your WS would expand on this later in the court process, with or without the gyms statement or cooperation 

Proof is not submitted with the defence, it comes at the WS stage a few weeks before the hearing date 

Your longer statement above would be in your future WS, expanding on the defence submissions

No NTK PCN letter was delivered, nor any reminders. ( If true. )

You would be telling the truth, so a judge would give creedence to your submissions, because the only person in court who was actually there was,,...............YOU. !

Unhelpfulelf

Gr1pr said:

Then your P3 would condense the above into you relying on the gym to process the e permit when the system was back, same as numerous times before or since. You complied with the procedures and processes and the failure was beyond your control 

Your WS would expand on this later in the court process, with or without the gyms statement or cooperation 

Proof is not submitted with the defence, it comes at the WS stage a few weeks before the hearing date 

Your longer statement above would be in your future WS, expanding on the defence submissions

No NTK PCN letter was delivered, nor any reminders. ( If true. )

You would be telling the truth, so a judge would give creedence to your submissions, because the only person in court who was actually there was,,...............YOU. !

So I visited the landowners today and once again got brushed off that they wouldnt do anything etc. So Plan A is not an option.

and to the not receiving the first NTK PCN , to my knowledge and memory (keep in mind this was months ago) I only received the £100 ticket and handed that in to the gym to get sorted. Could of possibly been sent the £60 ticket too (the first one that comes through) and once again I would of handed that in to the gym as I always have done previously.

Guess its just a waiting game now for the court notice.

Gr1pr

A Letter of Claim arrives before the MCOL claim letter 

I suggest that you start drafting your defence, so start drafting P3, post it for critique and advice, never too early to start preparing 

LDast

This will go to a claim. As long as you defend the claim and put anything you like in as your defence, even just a nursery rhyme, it will 99.9% end up s discontinuation. So, no need to overthink this. Just wait for the LoC, reposed with a snot-o-gram as per the second post in the Newbies/FAQ thread, wait for the claim form, do the AoS and defend, do the DQ, wait for the allocation and just before the hearing date some time next year, they will discontinue.

Coupon-mad

Unhelpfulelf said:

fisherjim said:

If that photo of the terminal is what it displayed at the time it clearly states that your VRN has been added, it also states some form of system error on the PE link.

In my view you complied with the signage and needed to do no more, any systems failure is beyond your control or requirements of the T&C's.

I can't see a judge or POPLA could refute that personally!

Sorry my bad, on the day the terminal was down but have no way of proving that except from a confirmation from the gym.

Why did you get a close up photo of the terminal, assuming you went there and took that pic? That is the opposite of the photo evidence you need.

The entire point of photo evidence is to prove how hidden away it is in a corner with no sign pointing to it, and how non-prominent the signs are. 

Unhelpfulelf

Coupon-mad said:

Unhelpfulelf said:

fisherjim said:

If that photo of the terminal is what it displayed at the time it clearly states that your VRN has been added, it also states some form of system error on the PE link.

In my view you complied with the signage and needed to do no more, any systems failure is beyond your control or requirements of the T&C's.

I can't see a judge or POPLA could refute that personally!

Sorry my bad, on the day the terminal was down but have no way of proving that except from a confirmation from the gym.

Why did you get a close up photo of the terminal, assuming you went there and took that pic? That is the opposite of the photo evidence you need.

The entire point of photo evidence is to prove how hidden away it is in a corner with no sign pointing to it, and how non-prominent the signs are. 

Hi sorry about the late reply been busy IRL.

& yeah i took a pic of it on the day I sent in the forum post as thought it could paint the picture to people who are advising me on what grounds I have to cancel it. 

Just one caveat tho, the terminal system looks different now to how it did. before it was a lot worse.

I take your point tho i should be using pictures that help me build my case.

Unhelpfulelf

But just as a little update , i have received this lovely letter through the post today.

Im guessing its just a ignore for now ?