Excel parking DCB Legal court claim

jono78

i guess then whats the point of a code of practice? how are people supposed to agree the terms of conditions of parking if they don't see a sign? surely a court will be asking these questions?

People will dispute the POC around contract and accepting the terms laid out

Gr1pr

A current or historical CoP is just a set of guidelines that parking companies sign up to,  but the trade bodies who receive money from the private parking companies and debt collectors involved etc are not doing anything against their members interests,  they have little reason to be on your side,  it's just a set of currently unregulated rules

Why do you think that we and the MPs and governments have been fighting for regulation in the last decade   ?

Especially coupon mad   ?

Courts have already debated these questions and issues 

My point was that you should probably using the IPC CoP version 9, not the BPA CoP version 9 and certainly not the present joint CoP, which is a cobbled together watered down version of the soon to be implemented government CoP

Excel Parking have not been BPA AOS members for ten years  ! Minimum 

Now is not the time for raking up old side arguments etc, but is the time to get your facts right for the court case 

Quoting incorrect details can only lead to rebuttals in court leaving you floundering and red faced,  especially because you are signing a statement of truth that is factually incorrect if you are using the wrong CoP 

If the incident was in Carlisle and you were in Southampton,  you wouldn't sign a court statement that stated that you were in Carlisle  ( or in Timbuktu either   )

Focus on your case,  not the big picture,  the big picture is being steered by coupon mad,  Mps , civil servants and the MHCLG,  plus a new petition to get the Private Parking Bill 2019 up and running in its entirety . Those facts are irrelevant to your current case involving Excel Parking and your local civil court,  once the CNBC send it over to them 

jono78

agree 100%. I'm learning all the time around this subject. There's a lot of information and disinformation out there. I thank everyone on this forum for the work they are doing here. It's a lot of help to a lot of people to hopefully stop these horrible practices

jono78

It seems that the excel documents i've been sent are IPC but DCB legal have BPA listed on their documents

Gr1pr

But the claimant is actually Excel Parking,  an IPC AOS member,  ,  and DCB Legal are just a 3rd party lawyer acting on behalf of their client, so it's irrelevant which body they are in , apart from the SRA

Do you mean DCB Legal are corporate members of the BPA   ?

Or do you mean AOS members of the BPA   ?  ( they are definitely on the BPA AOS members list   )

Or members of both schemes  ?

Either way it's irrelevant which scheme Legal companies or debt collectors subscribe to,  your claimant is Excel Parking,  an IPC AOS member , top left of your claim form 

jono78

Do you mean DCB Legal are corporate members of the BPA   ?

I have no idea. All i know is the 'legal' documents i got thorhgh from them has a BPA logo stating " member of the bristish parking association'

EDIT: looks like approved operator from their website

Excel parking docs sent say IPC

Coupon-mad

Yes. Excel are in the IPC and have been for a decade.  The IPC CoP from the year of the parking event applies.

It is irrelevant that their legal firm DCB are corporate (ordinary) members of the BPA. Anyone can be a 'member' of the BPA. You or I could be. Not relevant.

Gr1pr

jono78 said:

Do you mean DCB Legal are corporate members of the BPA   ?

I have no idea. All i know is the 'legal' documents i got thorhgh from them has a BPA logo stating " member of the bristish parking association'

EDIT: looks like approved operator from their website

Excel parking docs sent say IPC

FYI, the BPA have 2 logos, different shapes to show which actual list,  this has been advised numerous times previously on here and is covered in the newbies sticky thread,  but is irrelevant,  only the parking company logos are relevant and we have known which hat the parking company is wearing for a decade 

I suggest that you concentrate on your defence,  you can research the last 12 years and get up to date between the defence submission and any possible court hearing later this year,  leaving the current campaign to the relevant people,  I outlined the list earlier,  including coupon mad 

You need to be guided through the process hereonin, not research 12 years of how we got here

jono78

So today i have recieved a 'Notice of Propoised Allocation to the small Claims Track form'

It states
1. This is now a defended claim

The defendant file a defence, copy is enclosed (it isn't!)

2. It appears that this case is suitable for allocation of small claims track

3. you must by 24 feb complerte small claims directions questionnaire (from n180) and file it with the court office

Ill now look a the guidance in the steps to follow up. not sure why a defence wasn't included in the letter

Gr1pr

It wouldn't be there because you submitted it previously and this stage doesn't need it

Just follow the 12 steps,  dont get sidetracked