DCBL General Form of Judgement Order

wannabeinvestor

Hello everyone concerned.

My first time posting for help on this Forum. I've read the rules and hope I have followed but please excuse me in case I've not to the 'T' (jump to the issue in bold)

This is about a court case between me and UKPCL / DCBL where I parked in a disabled parking lot  ( I have a blue badge badge), without informing the owners staff.  The reason for the mistake is because UKPCL took over the lot since my last visit and I was not aware of the changes that required me to register with a security guard. I had been visiting and parking in the lot for around a decade with no issues prior to this. I did not notice the switchover to UKPCL as I was in auto pilot and when i went back to look, I noticed how obscure and small the writing was on their sign ,which you would have to walk right up to to read the fine print to know there was any difference in protocols, as opposed to just leaving my badge and time stamp on the dash. The new sign said 'registered user only' which were the only words visible from a close distance. I saw this this to mean registered disabled blue badge users as was always the case.

After receiving DCBL's fake debt collector letter, I wrote to the owner operator, where they suggested they would try to get this cancelled. When I followed up I was told that UKPCL refused to request due to the owner not getting in touch with them until after the time limitations, despite my writing and petitioning the operator within the contestable period. 
  
I have now followed all the guidance provided on the newbies thread by some amazingly helpful people  and am at the stage after mediation and where I have had the case transferred to my local court in Kingston upon thames. 

As part of my defence I included the clauses on ambiguous signage, inflated and ambiguous costs, also as per the defence thread text. My main point of defence was the ambiguous signage and the willingness of the operator to have the penalty cancelled. 

My most recent correspondence from the court asks both myself and DCBL to send each other further information. DCBL were asked to send me and file at court ' fully particularised particulars' by the 24the December ( I have not received anything new) and I have been asked to file at court and send DCBL an amended defence.. I have until the 7th of January to comply m which I intend to despite them not sending me any new information. 

More info available on request.....

My questions are:

1. What happens next please. (as this is not in the guidance or suggested sequence of actions and usual dismissals in such cases),  I have looked diligently but may have missed something, apologies.

2. Could it be that DCBL are relying on the particulars of the claim that they have already sent historically to me, and do not have to comply with this court order to send fully particularised Particulars of claim by the 24/12/24 ( now come and gone without any new info. sent to me).

3.. Generally what should I do next please? I intend to send my claim again as instructed by the court

Sincerely
S

Coupon-mad

Just email the local Court referring to that Order and state that the C failed to serve fully particularised POC, therefore you cannot amend your defence and accordingly, the Claim must be struck out.


They were ordered to comply! They lose.

P.S. Please show us the Order with date and Claimant and Judge/Court showing.

P.P.S. you haven't been ordered to make a 'claim'.

wannabeinvestor

Thank you for your help @Coupon-mad. Please see the attached general order from the court. I sent an acknowledged email to the court earlier stating what you had suggested and also directly asking them to get the claimant to comply or dismiss the case. Happy to share if it helps. I think I will need some help with my defence if this needs to be resent, but hopefully they will strike it off. Again thank you for all you do on this forum.

Fruitcake

Check if the court is open tomorrow (or when they will next be open), then ring them asap on that morning. Tell them you will be emailing them a draft order of your own for the case to be discontinued and request for it to be put in front of the judge who made the initial order. Add a costs order for you wasted time, money and effort for the claimant's unreasonable behaviour.
Better yet, go to the court if possible with a draft order of your own and costs assessment and deliver it by hand.

Do also complain to your MP, and ask them to contact the 11 other MPs mentioned in the "Parking stories in the news" thread from a day or two ago. Start at the end of that thread and go backwards. Also ask your MP when the new mandatory parking code of practice will be introduced to support the Private Parking Bill 2019.
If your MP is not a Tory, then add, "that the previous government failed to introduce while they were in power."

Yer tiz.

Parking stories in the News/media - Page 220 — MoneySavingExpert Forum

Nellymoser

Consider signing Stanley Luckhurst's re-issued petition (previous one closed early due to GE)

Bring the Parking Code of Practice into law, as per the 2019 Act of Parliament.

https://petition.parliament.uk/petitions/701453

The petition runs for 6 months closing 6 June 2025

wannabeinvestor

Fruitcake said:

Check if the court is open tomorrow (or when they will next be open), then ring them asap on that morning. Tell them you will be emailing them a draft order of your own for the case to be discontinued and request for it to be put in front of the judge who made the initial order. Add a costs order for you wasted time, money and effort for the claimant's unreasonable behaviour.
Better yet, go to the court if possible with a draft order of your own and costs assessment and deliver it by hand.

Do also complain to your MP, and ask them to contact the 11 other MPs mentioned in the "Parking stories in the news" thread from a day or two ago. Start at the end of that thread and go backwards. Also ask your MP when the new mandatory parking code of practice will be introduced to support the Private Parking Bill 2019.
If your MP is not a Tory, then add, "that the previous government failed to introduce while they were in power."

Yer tiz.

Parking stories in the News/media - Page 220 — MoneySavingExpert Forum

I've no idea how to go about doing what you've kindly suggested in your first paragraph. Is there guidance on the forum somewhere please?

Coupon-mad

No need. Like I said:

Just email the local Court referring to that Order and state that the C failed to serve fully particularised POC, therefore you cannot amend your defence and accordingly, the Claim must be struck out.