CUP Enforcement via DCB Legal, 2025

1505grandad

You should be defending the PoC which you state in a previous post as:-

"3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Parked on or within a No Parking area."

Therefore your following Defence statement is not related to the PoC:-

"3.  The PC describes the contravention area, XXXXXXXXXX as a car park – it is not."  -  (I assume by "PC" you are referring to the NtK?)

x2y2

I am not sure that I fully understand. You are correct in stating   "3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Parked on or within a No Parking area."

I was trying to show that whilst the PCN describes this area as a car park, it is not marked in anyway as such . And as the signs are forbidding, and cannot be read with a driver in situ, therefore no contract is formed. etc

Am I going in the right direction?

x2y2

Also the fact that the PCN shows the vehicle stopped in the area for less than 20 seconds, does not constitute parking.

Gr1pr

1)  looks OK to me,  providing that you change PC to the correct terminology 

Ensure that you state that briefly stopping is not parking and a driver cannot enter into a contract that is forbidding 

2) the WS is submitted before the deadline set by your local civil court next year.  It's typically 2 to 4 weeks before the pencilled in hearing date set by the court,  you submit it to the civil court and to the lawyers   ( or claimant if they are not using lawyers   )

Many cases are discontinued before the hearing fee needs paying,  the hearing is vacated if that happens 

Are any lawyers involved   ?

Alter the thread title to something more suitable like 

CUP via lawyers name court claim 2025

Help please doesn't convey anything 

x2y2

Thank You @Gr1pr

prowla

kryten3000 said:

Happy to assist with this, I have helped a few people at this exact site and I had the pleasure of attending Watford court with one Defendant who had paused briefly to fix their child's car seat because the strap had come loose.

This is a trap site - the road is public highway so the enforcement of the double yellow lines should be carried out by a council or police officer, not the Claimant.

The judge's opening remarks to the hired rep that DCB Legal sent were: "This is an extraordinary case to bring."

Crikey, so the PPC are issuing PCNs for land not under their control???

Car1980

Are you sure you didn't stop to read the contract on the sign, decline the offer and immediately leave?

No contract ever existed and no contract ever existed to be breached.

You can't be offered a contract telepathically (not withstanding it was a "forbidding" contract). It has to be offered via signage and you have to stop a vehicle in order to read, understand and accept or decline.

If this was me, I think my defence would consist of a single paragraph. No contract, so what else is there to argue about?

Coupon-mad

I didn't see you mention in defence that this is actually public highway? Clearly that is needed and @kryten3000 told you this.

Have you made a complaint to the Council that CUP are issuing fake PCNs by a camera pointing at the public highway?

x2y2

Thank you @Coupon-mad. I haven't filed email/complaint to the council, but did make a reference in para 3 that the double yellow lines are managed by the council. I have submitted my defence, as I didn't want to be late, so now will wait for the DQ.
Thank you to all on forum for invaluable advice.