DCB Legal for ParkingEye members only parking

sporty_parker

Thank you @Coupon-mad! Made the suggested changes, they're good ones. It's 38 pages now (much more manageable!) https://drive.google.com/file/d/1rU3m7glKHXNcaBDCabFdFu9YsVtxwq60/view

Coupon-mad

Good - packed full of evidence!

I'd move para 6 up to come first under the Preliminary Matter heading otherwise how does the reader know why you are throwing in Chan and Akande?

sporty_parker

That's an excellent call (updated to match the suggestion)! Thanks @Coupon-mad - I'm feeling rather ready for the court now, although I'm fairly certain that it will not get that far. I'd like to have a judge review all this and tell PE to clean up their act. 

Any thoughts on improving my request for costs to be covered? I actually earn far more an hour than I can claim, and I'd like the Claimant to actually feel some of the costs.

Coupon-mad

Attach a costs assessment and proof of hourly rate and be ready to list their 'unreasonable conduct' which is the magic phrase for costs.

sporty_parker

Finally received my Notice of Trial Date and I'm pretty happy with my Witness Statement (including the added proof of hourly rate and some ideas for the 'unreasonable conduct' in there.

What's my next step while I wait to see if DBC Legal actually pays the court fees? The notice mentions sending my preferred email address and makes some mention of Teams as a video platform - I assume that's a hold-over from the pandemic?

Coupon-mad

sporty_parker said:

Yes there are plenty of remote hearings still being held. Make sure you comply with the directions.

Have you got both Chan and Akande in your exhibits because that POC doesn't plead the breach(es) which could be four different matters! And I assume you are appending evidence that you are/were a social member of the Sports Club and have been one continuously since 2021.

Oh yes and ParkingEye signs DO NOT mention any debt recovery fee or damages so that enhancement - 4 x £70 added - is rogue practice and unrecoverable.

I would have said that we suspect DCB Legal will discontinue ... normally ... but I see this is 4 PCNs, so you should work on the basis that this one might proceed to a hearing, especially as it is remote and DCB Legal won't have to spend any travel money on a rep. 

If it does, seize a moment early, and ask for a strike out first as a Preliminary Matter before their rep even starts to speak. Chan & Akande are persuasive and kill this case stone dead.

sporty_parker

Yes to Chan and Akande, yes to the evidence that I am (and have been all along) a social member.

Great advice to strike early, I'll be sure to do that... 

When do I need to send my statement and exhibits to the court / DCB Legal by? Court date is set for 21 July 2025

Coupon-mad

sporty_parker said:

Yes to Chan and Akande, yes to the evidence that I am (and have been all along) a social member.

Great advice to strike early, I'll be sure to do that... 

When do I need to send my statement and exhibits to the court / DCB Legal by? Court date is set for 21 July 2025

We don't know but you do. The WS deadline is on the Hearing Order.

Le_Kirk

Coupon-mad said:

sporty_parker said:

When do I need to send my statement and exhibits to the court / DCB Legal by? Court date is set for 21 July 2025

We don't know but you do. The WS deadline is on the Hearing Order.

Sometimes it is 14 days before and sometimes it is a specific date, so, as @Coupon-mad advised, check the notice of allocation or hearing order.

sporty_parker

Gentlemen, I would like to thank you all for your assistance...