Excel Parking/DCBlegal Defence advice - Paying outside of the 10 minute time upon entry.

newbie_2517

Thank you, I will take a look at that now @Gr1pr

newbie_2517

@Gr1pr I’ve found the email now it was in my junk as you said. I will be talking to them at work so need to keep it as brief as possible, any tips to get it to end within the minimum 5 minutes time that I have to allow them? Just keep saying no I won’t settle as I’ve done nothing wrong I guess and the ticket was paid in full for the time I was there?

newbie_2517

@Coupon-mad thank you for your reply. Yes I have read in the 12 steps and it said to give 5 minutes minimum and to not accept settlement or offer £10. Can I suggest while talking to them at 5 minutes that there’s probably no point continuing this as it doesn’t really work for parking fines? Or will that be looked on unfavourably?

Coupon-mad

You don't 'have to' complete the call in 5 minutes. Have a bit of fun with it. Be open with the Mediator.

Tell the Mediator that parking claims are almost always a scam and has that penny dropped with their team by now? Ask the mediator whether they watched the backbench debate this week about the scam of 15 million private PCNs per annum?

Tell them their team of Mediators should watch it, to better understand victims of this rip-off industry:

https://parliamentlive.tv/Event/Index/8f99a416-40a5-4c75-b9b6-d3234774a25c

Set aside an hour or so tonight, to properly listen to the MPs. It will help you gain confidence in your position.

At mediation you could even offer a tenner like others have done on mediation threads we expect you've read (we have).

newbie_2517

Thank you @Coupon-mad I’m just awaiting my phone call this morning now. I just want to keep it as brief as possible so I can get back to work. I won’t offer anything just going to stick to the fact I’ve done nothing wrong, ticket was paid in full. It took time to find a space due to congestion, then I had to see to my 9 week old and then once I got to the machine I paid in full for the time I stayed including the entry and exit. Will let you know how it goes I’ll try reference what you said I’ll keep it open on my browser.

Gr1pr

Looks like you fully understand your role in that conversation 

newbie_2517

@Gr1pr well in summary it’s a big fat no. Lol. Still waiting. 

newbie_2517

All done, the guy was nice on the phone and felt like he sympathised and basically agreed I've done nothing wrong ha. He just asked what happened and what my stance was as he doesn't get a copy of the defence. So I did my summary and that was that. 13 minutes total. @Coupon-mad I referenced what you said re the backbench debate also

Just for anyone reading for future advice he said the next steps are:

He said he will inform them of my position (that I feel I've done nothing wrong) and that they will try and settle with me multiple times before it goes to court. He informed me they can claim and additional £70 in extra costs if they win and I can claim up to £100 if I won. He said said the next stage is that I will receive a transfer notice from the judge in the post transferring it from Northampton to my local court of choice. Then after that I should receive the judges direction order and it is following that I will have instructions about submitting witness statement etc.  All correspondence will be received in post from court and that hearings are taking 6-9 months atm to be heard, some areas 2-3 months.   As a side note he also mentioned if it does go to court you can take someone with you just for moral support not to speak for you called a 'McKenzie friend'.   So yeah next stage - awaiting Judge's direction order and also likely multiple phone calls from DCB legal to settle.

Should I ignore the phone calls from DCB legal? Or if I answer by mistake should I hang up or just say my view point to them?  They didn't reach me before so they just left an automated voicemail. Sounded like a robot lol. 

Gr1pr

Definitely ignore the dcb legal phone calls, the 12 steps tells you that,  ( they just had their chances at mediation,  and failed  )

Wait for the court order from you your local civil court to arrive,  might be weeks or months 

Coupon-mad

Actually I'd take a DCB Legal call and laugh at them. Utter shysters in my opinion and based on all accounts here.

He informed me they can claim and additional £70 in extra costs if they win and I can claim up to £100 if I won.

He's completely wrong.

If they win at a hearing they'd add the £25 hearing fee but the judge would disallow the fake added £70 DRA 'damages' and most/all of the interest. So no, they can't add £70 again and if you lost, it would be less than on the claim form.

This is why we do it. Be aware that there may well be a hearing; whilst DCB Legal discontinue most single PCN cases, they don't necessarily discontinue Excel cases.

Don't book any new holiday or commitment without telling the local court about your new unavailability.

However this is a '5 minute rule' case so is going nowhere as long as you file and serve a decent WS bundle and prepare to attend. I suspect we've covered that with you in Feb/March when that rule was banned for new PCNs and Hannah Robinson's barrister argued the rule was unfair and breached the Consumer Rights Act?