Notice of Trial Date

Rebeca25

Hi, Im helping my partner deal with DCB legal for stopping in Bristol airport where stopping is not allowed. Defense and witness statement submitted, this Friday we have the trial in county court and pretty scary. I am reading now their witness statement and it is scary.  Any words of advice?

ChirpyChicken

why is it scary?

Rebeca25

Mainly because all the vocabulary and legals are out of our comfort zone and they seem to drop our defence by saying how its their right to put these fines and reinforce them and we agreed to that contract by driving into the airport. My main worry is that they are lawyers and will stammer in front of the judge. I am also confused we have our trial date thisFriday 10th of October but the preliminary hearing on the notice of allocation to the small claims track is on the 22nd of october

maxim024

Have you submitted your witness statement?

If not, but you probably had to already (min. 2 weeks before the hearing)

- Challenge the witness statement as hearsay.

- Challenge strict proof of landowner authority.

- Argue that the signage was insufficient to form a contract with a driver in a moving vehicle at night.

- Challenge the additional £70 charge as an unenforceable penalty. (If applicable)

Gr1pr

Rebeca25 said:

Mainly because all the vocabulary and legals are out of our comfort zone and they seem to drop our defence by saying how its their right to put these fines and reinforce them and we agreed to that contract by driving into the airport.

 My main worry is that they are lawyers and will stammer in front of the judge.

I am also confused we have our trial date thisFriday 10th of October but the preliminary hearing on the notice of allocation to the small claims track is on the 22nd of october

You wont find the legal word FINE on any of the paperwork,  because its not allowed 

Their so called WS is a template 

Post a redacted picture of the court order where it mentions the deadlines and dates etc that you mentioned 

Car1980

Where is the contract? This is entirely a contract law based claim where they rely 100% on an alleged contract.

It should be Exhibit Numero Uno.

How were you expected to read, understand, accept or decline this contract when stopping to read it would incur a charge? 

You either stop to read it and are charged, or find it impossible to read at driving speed, in the dark, unilluminated and inadvertently stop and are charged. 

It's literally the contractual version of Between the Devil and the Deep Blue Sea.

Car1980

My main worry is that they are lawyers and will stammer in front of the judge. 

A couple of points:

1. It's only a parking ticket at the end of the day. They're not lawyers, they're advocates. A lawyer wouldn't waste their time on such a trivial matter. DCB are a bailiff company that do a bit of legal work as a side hustle. 

2. Jake Burgess just churns out that template day in day out. He never actually attends hearings because it's beyond his capabilities.

3. The judges are used to dealing with litigants in person. They'll guide you and don't expect you say much. I've seen cases where the defendant has said about 3 words in total.

4. In the grand scheme of things it's only a parking ticket. If you lose, it's "only" a couple of hundred quid. Yes, I know nobody can afford to lose it, but at least you're not Lawrence Fox or Rebekah Vardy!

5. My son has a stammer. People are generally kind and patient. Remember there is no such thing as perfect speech.

Rebeca25

Those are the letters we received. We emailed the defence months ago and also the N180 directions questionnaire last May. We had the mediation call as a formality.

Rebeca25

Sorry I cant load the pictures, but I have a notice of trial date on 10th of October and a notice of allocation to the small claims track (hearing) on 22nd october