Court next week - DCBL - tips welcome

Coupon-mad

Nothing groundbreaking.

If they send a hired rep (and Excel/VCS usually do) that person has got the papers that morning and read them on the train. They are not familiar with the case and they aren't a witness, so you can't ask them questions.

The judge and rep may seem to 'know' each other, if the rep is often in court. Don't be fazed by that, even though the rep will try to make you feel smaller because of it. Wait your turn.

They speak first. They'll repeat the WS but summarising: 'there were clear signs', the Defendant breached the contract', etc.

Oh, and VCS / Excel reps OFTEN pretend that the C hasn't received the D's witness statement bundle so come with PROOF it was emailed and when, plus extra copies x 2.

You speak second.

There may be questioning of the Defendant by the rep or judge, even if you are lay repping.

Pose any questions or musings that arise to the judge. Call them 'judge'. Read their eyes and body language to see which points to drop and which to push home.

Ask for the D's costs (including a day off work - loss of leave) at the end if you win.

chickensoupman

Thank you very much. I doubt they'll claim not to have received the witness statement as they quoted from it in theirs lol

Castle

chickensoupman said:

Thank you very much. I doubt they'll claim not to have received the witness statement as they quoted from it in theirs lol

But their Legal Rep might claim not to have received it.

Gr1pr

chickensoupman said:

Thank you very much. I doubt they'll claim not to have received the witness statement as they quoted from it in theirs lol

Which would be part of your response,  but as stated above,  the rep may not have received a copy, the devil is in the detail,  so expect the unexpected and be prepared,  as coupon mad said 

chickensoupman

Ok so she won! And they let me lay rep for her.

Basically, what won it was the new IPC and BPA code of practice that came into effect in October last year, which says that there's now a consideration period at the begining of parking (5 mins for parks under 500 spaces, 10 mins for >500), IN ADDITION to the 10 min grace period at the end. So 2:13 would fall in this period.

The judge said that Excel trying to issue a parking charge during this period breaches the code of practice they are bound to by consumer law, and therefore the contract between them and the driver is invalid and no charge is due, so the case is dismissed.

Edit: Also they sent a freelance solicitor, he even said affterwards that he was happy for us and that he doesnt like doing jobs for the parking companies lol and said we could have asked for more in costs, up to 95 pounds

Coupon-mad

Yes the daily rate is £95 in attendance costs (under the CPRs that were stated at the end of your defence, if you used our template).

But well done. You won!

ANOTHER ONE BITES THE DUST!

And now, we need you (both of you):

It's very important that people like you and the Defendant please join us to reply to the new Public Consultation, to tell the Government that:

a) you have no faith in POPLA or the IAS and that there must be the SINGLE APPEALS SERVICE that the Parking (Code of Practice) Act 2019 promised the public. As long as it is independent (and only ONE appeals service, not two involved in a race to the bottom) that will give a real option to resolve disputed cases out of court. This could all have been avoided.

b).  THAT THE ENRICHMENT OF 'DEBT RECOVERY FEES' MUST BE COMPLETELY BANNED. DISPUTED CASES ARE NOT SOLVED BY A THIRD PARTY DEMANDING MORE MONEY AND OFFERING A 'PAYMENT PLAN' WHICH SHOULDN'T COST MORE MONEY. THE FCA BANS EXTRA COSTS FOR 'PAY-IN-THREE' PLANS IN ALL OTHER SECTORS, SO WHY IS THIS LEGAL IN A 'MARKET FAILURE' INDUSTRY THAT'S BEEN RINSING MILLIONS? 

c). Tell them about your experience and that your case reached court hearing stage, precisely because (a) and (b) above mean there is no option, no safeguard for consumers EXCEPT to defend court claims and get proper dispute resolution. Which was the judge.

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 in August pleeease! We will discuss it all in more detail in the coming weeks on that thread so do come back in a fortnight.