Claim Issued (DCB Legal/Vehicle Control Service LTD)

James90210

Thanks for the replies everyone - I'm going to follow the stickied advice you linked at the top of the thread and start working on a defence. (factoring in the poor/missing signage & ambiguity of the site itself) with no clear note to the driver that the car park does NOT belong to the pub.

There were no ANPR readers  - which is also why I didn't think to ask when I went into the pub itself on the day.

James90210

Can I attach pictures to the defence document?? For now I've included wording that they're available on request.

DRAFT DEFENCE:

3. The vehicle was parked in designated bays in a car park attached to ‘The Three Tuns’ pub. Immediately in breach of the Code of Practice, there was no signage warning the driver at the entry point to the car park. 

3.1 The first signage inside the parking premises was also damaged/missing. There were also other spots where signage had been damaged or removed. 

3.2 The bay where the vehicle was parked, alongside a row of shrubs & trees, no adequate signage had been placed nearby. Photographs of points 3, 3.1 & 3.2 are available on request to be submitted as evidence.

3.3 The Three Tuns Pub itself (which as a reminder is attached to the carpark) also has no signage inside or outside the premises informing customers that the attached carpark is not their land to manage.

Car1980

I think you're getting into witness statement territory. All the details and photos are to come later. You just need a short piece of text for paragraph 3 at this stage for your defence e.g.

"The defendant parked in one of the marked bays inside the car park, which appeared to belong to 'The Three Turns' pub. Nothing indicated anything to the contrary, no signs were apparent other than the pub's name in large lettering and there was a seating area where people were drinking at one end of the car park."

Coupon-mad

No evidence goes at defence stage.

You need to be ready for what happens when: read the info under the red capitals heading in the NEWBIES thread 2nd post. 

James90210

Just a quick update to say I've received a paper copy from Northampton HM Courts & Tribunals acknowledging receipt of the defence & that a copy is now being served to the claimant.

Many thanks so far for all the help.

James90210

Just updating again after having the mediation telephone call today.

The mediator was very friendly, I explained the ambiguous, cynical nature of the car-park in question and in more specific terms in regard to defence. Added that I have photographic evidence of zero signage on entry, missing signage etc. I offered £0.

The claimant didn't want to know, counter offered a reduced fee of several hundred pounds and was adamant the signage in question on the site is legitimate and fair etc and they're happy to proceed to court.

No agreement reached and was now told to await contact from my local court.

Coupon-mad

James90210 said:

Just updating again after having the mediation telephone call today.

The mediator was very friendly, I explained the ambiguous, cynical nature of the car-park in question and in more specific terms in regard to defence. Added that I have photographic evidence of zero signage on entry, missing signage etc. I offered £0.

The claimant didn't want to know, counter offered a reduced fee of several hundred pounds and was adamant the signage in question on the site is legitimate and fair etc and they're happy to proceed to court.

No agreement reached and was now told to await contact from my local court.

Sounds normal!

I am glad you came back in time:

FIGHTBACK ALERT:

Please do the government's Public Consultation. We need every poster to complete this vital survey before the deadline next week.

See this thread:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-now-extended-closes-friday-26th-september/p1

We understand that you may need some pointers. It looks laborious, we get that. It doesn't matter; no knowledge is needed except re your own experiences so you can call out a scam industry and you'll protect millions of motorists and help change the law. 

I've written some guidance to help focus new posters on the issues. I've covered almost every question, providing ideas if you agree with our stance on things like DRFs, which we say must be banned.

Ordinary people like you are falling victim to this scam over 18 million times per annum. Motorists need your voice added please.

CLOSES ON FRIDAY 26th SEPTEMBER.

James90210

Thanks I’ll be sure to fill this out. 

This entire sector is one big scam and I’m sure everyone is tired of it.