Just spoken to DCB who reckon they’re going to take me to court!

akabot

Ok, so this all started in February 2022, when I spent 12 mins in a kfc car park from 09:04 to 09:16. A few days later I get an invoice from Civil Enforcement for £100!
I went straight to the car park and took pictures of the signs. To my mind, there’s no contract because I arrived between the hours of 02:00 and 10:00. 

I then just ignored the multiple letters sent to me over the next 3 years assuming they knew they didn’t have a case, and have even taken great joy in filing them in a display book ☺️

To my slight surprise, I got sent a court claim form in January, saying DCB were taking the case to court. 

I duly completed my defence:

…and got this reply:

On Friday I got a call from DCB, which I missed. However they left me a message asking me to call them. 

I just did call them and they reckon their client (civil enforcement) think they have a strong case but are willing to come to an arrangement. I told them that unless the arrangement is that they stop pursuing me for money I don’t owe them, I’m not interested. 

And NOW, after all that bravado (and some might say far too late in the day!), I’m feeling a teensy bit uncertain!

Could someone please tell me I’m right that I don’t owe them a penny?? 

And if I (albeit questionably) do, does anyone have any advice for this terribly stubborn, parking ticket hobbyist? 

TIA
AKABOT xx

jackrack

The only defence they have i guess is the "strictly no parking between 2AM and 10AM" unsure how this holds up in a court of law re private carparks.

Who has KFC for brekkie anyway? 🤣

akabot

See, they SAY strictly no parking between 2am and 10am, but the terms only apply to cars entering between 10am and 2am. As far as I see it, they can stamp their feet and gnash their teeth all they like…there’s no associated financial charge if one goes against that specific statement.
(also, I was eating my maccies brekkie in the KFC car park 🍔)

jackrack

Where does it say it only applies to cars entering between a certain time? If a car park wants to close between certain hours i guess as it's privately owned it's well within it's rights to do so and enforce? No barrister here, it's a tricky one! don't see how it could get to court, what a waste of everybody's time.

akabot

jackrack said:

Where does it say it only applies to cars entering between a certain time? If a car park wants to close between certain hours i guess as it's privately owned it's well within its rights to do so and enforce? No barrister here, it's a tricky one! don't see how it could get to court, what a waste of everybody's time.

2nd line down on the sign, after the navy blue bit

jackrack

akabot said:

jackrack said:

Where does it say it only applies to cars entering between a certain time? If a car park wants to close between certain hours i guess as it's privately owned it's well within its rights to do so and enforce? No barrister here, it's a tricky one! don't see how it could get to court, what a waste of everybody's time.

2nd line down on the sign, after the navy blue bit

Yeah fair, makes sense then. Go for it 

Coupon-mad

jackrack said:

Where does it say it only applies to cars entering between a certain time? If a car park wants to close between certain hours i guess as it's privately owned it's well within it's rights to do so and enforce? No barrister here, it's a tricky one! don't see how it could get to court, what a waste of everybody's time.

It's not tricky, IANAL either but we help people with parking cases defences every day and the PPC loses or discontinues almost every time. Their signs are pants.

@akabot you should read the first 12 steps in the Template Defence thread.

You're around step 7 of 12 right now and need to get ready for saying "NO OFFER" to the Mediator on the phone and then do a better WS & evidence bundle than the basic defence you put in. Let's get you back on track to win.

akabot

Thank you so much, @Coupon-mad! That’s exactly what I wanted to hear ☺️☺️☺️
I’ve always enjoyed playing chicken with these parking pirates but on this occasion they’ve stayed on course longer than I expected! 

patient_dream

DCBL already know that the sign is rubbish, it's just another try-on ?
The BPA has failed again to monitor the car park

No point in talking to DCBL ... PLAy their silly game because the end result will be a spanking in court for them or their favourite game to chicken out wasting everyones time

Nearly 500 DISCONTINUATIONS that we know about
HOW SAD IS THAT

fisherjim

If there was no parking allowed between 2AM and 10AM that actually infers trespass which only the landowner (not a third party remote parking company) can pursue by asking you to leave then contacting the police.

The contract states that the terms and conditions only apply between 10 AM and 2AM so there was no contract in force at 09:04AM, and indeed it would be quite acceptable to a normal person to arrive then find out they were closed and leave ASAP.

In addition the no entry (because that's what they are saying) between 2AM and 10AM signage should be large and prominent at the entrance, not hidden in small font within the car park.

They cannot say you can't do something then charge you for doing it.

In addition to that the £100 charge is also hidden in tiny print, another COP fail.

I can see a discontinuation coming, if you hold your nerve!