court letter date recived for wrong bay parking

Ali161592

I am writing to request assistance with a parking ticket I received from UK Parking Control on April 3, 2023. The ticket was issued for not parking in the designated bay.

At the time I received the court claim notice, I was unaware of the process and simply submitted a defense online stating that I had parked in relation to another vehicle and only noticed the issue when the other vehicle left. Since then, I have not heard much except for a few phone calls from DCB Legal, which I did not answer due to personal circumstances.

I have received a court letter and requested a change of venue to a local court. which its happend but However, the case was unexpectedly transferred to another court in a different area of London.

I contacted the court and explained that I had not included all my defense points due to my lack of experience with the online form. They provided me with an email address to submit my defense.

It is important to note that the parking sign is extremely small and difficult to read, even from a close distance. Additionally, the parking area is large and frequently undergoes repairs and roadworks, which can lead to changes in the designated parking bays. I have attached photos from last year to illustrate this point.

I am under a significant amount of stress as I have never been to court before. If anyone can offer me guidance or assistance with my defense, I would be extremely grateful.

Thank you for your time and consideration. 

Ali161592

i have added now few photos for reference 

KeithP

Ali161592 said:

I am under a significant amount of stress as I have never been to court before. If anyone can offer me guidance or assistance with my defense, I would be extremely grateful.

You have already filed a Defence.

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those 'documents on which you intend to rely' are your Witness Statement and evidence.

Coupon-mad

I contacted the court and explained that I had not included all my defense points due to my lack of experience with the online form. They provided me with an email address to submit my defense.

You can't change your defence now (BTW there is no 's' in the word defence).

However, if you have a hearing date then you are at Witness Statement and Evidence stage.  And due to s71 of the Consumer Rights Act 2015 (the CRA) you CAN add some detail and photos about unclear signs because the CRA places a legal duty on the court to consider the fairness and prominence of terms and the notices themselves. That duty applies, whether or not either party has raised fairness/prominence of the terms and/or notices.

What is your WS and evidence deadline on the Hearing Order?

Have you had a WS and evidence bundle from DCB Legal?

Ali161592

KeithP said:

Ali161592 said:

I am under a significant amount of stress as I have never been to court before. If anyone can offer me guidance or assistance with my defense, I would be extremely grateful.

You have already filed a Defence.

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those 'documents on which you intend to rely' are your Witness Statement and evidence.

thank you so much for your kind reply i attached the hearing letter, and now here i must submit all documents up to 18th October, it would b great if i cold gt any help to submit the defence i have a court email address to submit the document they sent me the email address by text message

Ali161592

Coupon-mad said:

I contacted the court and explained that I had not included all my defense points due to my lack of experience with the online form. They provided me with an email address to submit my defense.

You can't change your defence now (BTW there is no 's' in the word defence).

However, if you have a hearing date then you are at Witness Statement and Evidence stage.  And due to s71 of the Consumer Rights Act 2015 (the CRA) you CAN add some detail and photos about unclear signs because the CRA places a legal duty on the court to consider the fairness and prominence of terms and the notices themselves. That duty applies, whether or not either party has raised fairness/prominence of the terms and/or notices.

What is your WS and evidence deadline on the Hearing Order?

Have you had a WS and evidence bundle from DCB Legal?

Thank you for your continued support and assistance with my parking ticket dispute.

With your help on the other situation, DCB cancelled a similar parking ticket dispute a few months ago. Due to the length of time that had passed, I assumed that this case would also be dismissed. However, I was surprised to recently receive the court notice in the mail.

The photo I uploaded earlier is the evidence that DCB sent me by post. there are a few more photo I uploaded now

I would appreciate any further guidance or advice you can offer.

Ali161592

[Image removed by Forum Team]



please find this more photo in the DCB evidence bundle including the court letter

KeithP

That Notice of Allocation you have just shown us includes...

As I said earlier, "Those 'documents on which you intend to rely' are your Witness Statement and evidence".

Despite what you keep telling us, you filed a Defence some months ago.

Coupon-mad

Just read the second post of the NEWBIES thread urgently: the suggested exhibits are there.  Then read some recent WS on other threads and copy their style.

fisherjim

Can't see this ending well with what you have told us, basically you have messed it up I don't think this will end up in the discontinued posts! 

Also this isn't a case of "wrong bay parking" you took up two bays, that parking is atrocious.

Ali161592

KeithP said:

That Notice of Allocation you have just shown us includes...

As I said earlier, "Those 'documents on which you intend to rely' are your Witness Statement and evidence".

Despite what you keep telling us, you filed a Defence some months ago.

thank you so much, I completed the defence and emailed it to the court yesterday by reading the older case and I called the court today to make sure my defence has been delivered, The court noticed that the case had been discontinued today, I believe you guys are so kind to advising people like me in a very hard financial situation to avoid the unfair penalties
thank you again