DCB Legal defence preparation

Coupon-mad

Yes but page 2 tells you the important date: your deadline for your WS and evidence, as explained in the second post of the NEWBIES thread.

VCS cases are unlikely to be discontinued.

Do stick around to respond to the Public Consultation which is now open for August.

What parking operators do is is a national disgrace and a drain on Society, in terms of money and anxiety. 

Responses are invited to the Consultation now:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-8-weeks-from-11th-july-2025/p1

Do it this month pleeease! We will discuss it further next week on that thread if you want ideas.

Pao_PM_Ox

Hi all!

I prepped my WS and evidence that was gonig to send today (deadline is Friday before 9am). 

In a nutshell, my points are (as included in my Defence):

- No approproate signage: not enough of it, some in illegible state, no lines on the ground, no pay and display machines
- No PCN received
- Amount claimed exceeds the maximum of £100 established

My evidence are photographs of the car park from all angles to show the lack of appropriate signage, and close up of the mouldy sign.

And just this morning I received DCB Legal's WS and evidence, where they dispute all my points.

Would you recommend I start again and base my WS and evidence on what they have sent? For instance, they have included a map with where the supposed parking signs are located that is not accurate at all (they claim to have 12 when in reality there are only 3), they also have provided really old pictures of the signs and now they do not look that way due to mould, and there are also some misspellings in their document that I could point out.

I must admit their paperwork looks more thorough than I thought.

Thanks!

Le_Kirk

Since you have received their WS, you can point out in your WS anything that is blatantly wrong - especially if you have evidence to support it such as photos you took (dated) that are different to what they claim.  

1505grandad

An observation  -  in the following para "Jake" uses the correct title of the IPC:-



Yet in another para "Jake" accuses you of using/quoting the wrong title of IPC  -  did you?

Pao_PM_Ox

Thanks, I've modified it to point out that the signs included in their exhibits' photographs are not up to date and that the person giving the WS is not connected to this case.

I've kept my WS simple and true, so I don't need to be worrying in the hearing.

2 questions you might be able to help with:

1. Not sure if to remove point 3 (not receiving the PCN), because it is true that I didn't receive it, but I know it's because of not updating my V5 logbook when I last moved (so my fault).

2. In my exhibits, which are pictures of the car park, I have added some symbols (numbers, arrows and crosses) to better explain the position of the signage and of my car. Would you remove them and just leave the pictures as they originally were?

Any thoughts on it would be greatly appreciated!

----

IN THE COUNTY COURT AT xxx

Claim No.:  xxx

Between

Vehicle Control Services Limited

(Claimant) 

- and -  

xxx                        

 (Defendant)

_________________

I, (name), of (address), state as follows: -

1.     I make this statement in support of my Defence dated xxxx.

2.     I believe that the facts stated in this Witness Statement are true.

Claimant’s Witness Statement

1. As a preliminary matter, I wish to bring to the Court's attention that the Claimant's Witness Statement, signed by xxxx, Head of Legal, employed by Vehicle Control Services Limited, does not comply with CPR 32.4 and Practice Direction 32, which require that a witness statement be made by an individual with direct knowledge of the facts. Furthermore, Practice Direction 32, paragraph 18.2, stipulates that the statement must be in the witness's own words and include details of how the witness has direct knowledge of the matters stated. As xxxx does not have direct involvement in the events in question, the Witness Statement fails to meet these requirements. In light of this non-compliance, I respectfully request that the Court strike out the claim pursuant to CPR 3.4(2)(c) due to the Claimant's failure to comply with the relevant rules and practice directions.

2. Insufficient and illegible signage: I was completely unaware that the site was 'private land' or being enforced by any restrictive terms, due to insufficient signage. I refer to the most recent IPC Code of Practice (Exhibit 5), which in page 8 highlights:

“Signs and surface markings must be designed, applied and maintained in such a way as to be visible, legible and unambiguous to drivers. Operators should take note of relevant best practice guidance and legislation.”.

The insufficient number, wrong orientation and illegibility due to mould and vegetation of the signage fail to give reasonable notice of the terms and such inadequate signage means no contract was formed because the driver had no real chance to see or understand the terms. Without clear notice of the terms, the essential elements of a contract were not satisfied. Therefore, the defendant cannot be held liable for payment.

3. No PCN or NTK issued: At no point, either on the alleged date of the incident or at any time thereafter, did I receive a Parking Charge Notice (PCN) or a Notice to Keeper (NTK) from the Claimant. This matter was first brought to my attention only upon receipt of a letter by DCB Legal, the Claimant’s legal team, on 16/09/2024, claiming the payment of £170 on behalf of their Client. The significant delay in notifying me, and the lack of prior correspondence, has severely limited my ability to address or resolve this matter in a timely manner. Had I been properly notified in accordance with the relevant legal requirements, I would have had the opportunity to respond, appeal, or challenge the charge before the matter escalated to court proceedings.

4. Disproportionate inflation of the 'parking charge':

Conclusion

For the reasons outlined in my Defence and further elaborated in this Witness Statement, particularly given the demonstrable lack of appropriate signage, I respectfully submit that the Claimant's claim has no merit and should be dismissed in its entirety.

Statement of Truth

I believe that the facts stated in this Witness Statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signature:

xxxx

Date: xxxx

Pao_PM_Ox

1505grandad said:

An observation  -  in the following para "Jake" uses the correct title of the IPC:-



Yet in another para "Jake" accuses you of using/quoting the wrong title of IPC  -  did you?

Hello!

Thanks for your comment.

I have checked my Defence and in no moment I used the words "Independent Parking Committee", I actually only used the acronym "IPC" throughout.

Would you recommend I add this to the WS as well?

Coupon-mad

It doesn't matter a jot. Jake knows who you mean by IPC! Forget that. Don't rush the WS: send it TOMORROW after getting comments here tonight. Let the regulars chip in.

You are missing Excel v Wilkinson and the usual Beavis sign comparison exhibit and quotes from Beavis. All of this is done for you in the NEWBIES thread section on WS and evidence. I list our recommended exhibits.

Where's your costs assessment? Not as an exhibit, as a signed & dated sheet.

Is this all over 50 pages at the moment? That's not OK.

 In my exhibits, which are pictures of the car park, I have added some symbols (numbers, arrows and crosses) to better explain the position of the signage and of my car. Would you remove them and just leave the pictures as they originally were?

No your version sounds good. Anything to make it easier for the judge to see the truth.

Most of your paragraphs have no number yet. Needs putting right.

Do not 'exhibit' the IPC CoP. Just link to it. It is not an exhibit and will make your WS over 50 pages which the court won't accept.

Also do not exhibit the LBC which was NOT wrong to 'only' demand £170 at that stage. Remove ALL of this:

"I would also like to bring to the Court’s attention that the amount claimed is not even the same as the amount initially claimed for in the Letter of Claim received by the Defendant on 25/09/2024, which was £170 (Exhibit 4”). In addition, the Claimant is claiming the issue fee, fixed costs pursuant to CPR 45, the hearing fee, and other unspecified additional costs that could include their advocate’s fee in case the Witness was unable to attend the hearing. The Claimant has a Legal Team with salaried in-house Solicitors and it files hundreds of similar claims per month, not incurring any legal cost per case. I put the Claimant to strict proof to the contrary. The Defendant, on the other hand, has no prior experience with claims or court procedures and no access to a Legal Team."

And remove the misleading heading 'Claimant’s Witness Statement'

Better WS are on threads by

@Feyla

@Char27

Pao_PM_Ox

Here is my last WS draft after the feedback received:

I, XXXX, of XXXX, state as follows: -

I make this statement in support of my Defence dated XXXX. I believe that the facts stated in this Witness Statement are true.

1. Introduction

1.1.  I am the Defendant in this claim and the registered keeper of the vehicle with registration XXXX on the date of the alleged incident.

1.2.  This statement sets out the events and circumstances relevant to the parking charge notice (PCN) issued by Vehicle Control Services (the Claimant) concerning an alleged parking contravention at XXXX on XXXX. 

2.     As a preliminary matter

2.1.  I would like to respectfully bring to the Court's attention that the Claimant's Witness Statement, signed by XXXX, Head of Legal, employed by Vehicle Control Services Limited, does not comply with CPR 32.4 and Practice Direction 32, which require that a witness statement be made by an individual with direct knowledge of the facts.

2.2.  Furthermore, Practice Direction 32, paragraph 18.2, stipulates that the statement must be in the witness's own words and include details of how the witness has direct knowledge of the matters stated. As Jake Burgess does not have direct involvement in the events in question, the Witness Statement fails to meet these requirements.

2.3.  In light of this non-compliance, I respectfully request that the Court strike out the claim pursuant to CPR 3.4(2)(c) due to the Claimant's failure to comply with the relevant rules and practice directions. 

3.     Insufficient and illegible signage:

4.     The Beavis case is against this claim

5.     Disproportionate inflation of the 'parking charge':

6.     Redacted Landowner Contract

7.     Conclusion:

7.1.  For the reasons outlined in my Defence and further elaborated in this Witness Statement, particularly given the demonstrable lack of appropriate signage, I respectfully submit that the Claimant's claim has no merit and should be dismissed in its entirety.

Statement of Truth

I believe that the facts stated in this Witness Statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

This is followed by exhibits (mostly pictures of the car park) also including Beavis and Excel v Wilkinson as exhibits. Finally I've added the cost assessment, seeking £95 for using leave to attend the hearing.

Thanks all for your help!

Gr1pr

If its your fault that the pcn didn't arrive with you, then pointless highlighting it  ( not updating your V5c promptly   )

Not receiving the paperwork doesn't alter the alleged breach of the parking contract offered at the time,  which they are claiming for 

As well as rebutting allegations and points in the claim and their WS, ensure that you are trying to rebut the POC,  their basis of the claim,  plus any other targets you can aim at

I seem to remember a case like this a few years ago on pepipoo 

Pao_PM_Ox

Thanks! I've removed it from my draft.

I have a good video of the car park, but not sure how to best attach it as an exhibit. Any ideas?