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Parking Fine - DCBL Legal Court Case Upcoming
babbling_golfer
Posts: 1 Newbie
Afternoon all, a topic which I know has been covered on this forum a good few times, but every case has nuances so sharing mine to hopefully build a consensus from those who have experienced this process.
The background...
My local pub decided to implement parking controls as its based near the M5 and has limited parking which was being abused by non-paying customers (fair enough!)
No charge was required to park, but you were limited to 3 hours unless you put your reg into often buggy tablet screens which were inside the pub. The parking was run by National Parking Control Group and the debts passed to DCBL, who I know are a regular feature on this forum.
As a regular I would put my reg in, unless I knew I wouldn't be in there for past 3 hours as it didn't matter. For varying reasons lots of regulars ended up getting tickets. Many of which were not followed up, some paid up and some have taken on the process if they felt they had a claim. It got to the point where the landlord put regulars into the system as "approved" cars, but even then some still got tickets and despite other systems allowing for the client to cancel unjust fines outright, this system apparently wouldn't allow it.
It got so bad that in the end the pub cancelled the contract with the parking firm and earlier this year the cameras were taken down.
My ticket...
I picked up a ticket in Nov 2024 for overstaying the 3 hours by 6 minutes. I realised I had overstayed by a couple of minutes this so went back into the pub and entered my reg. By the time I got back to the car and drove out of the car park, the camera got me at 3 hours and 6 minutes, so probably put my reg in the system at 3 hours 2 minutes (give or take).
When the invariable ticket arrived I challenged it under the grounds that I was a paying and regular customer who was spending money in the establishment. The fine of a couple of minutes over the 3 hours did not equate to a "loss of income" for the establishment and was not justifiable. Finally and I still think importantly, is within the expected 10 minute grace period as outlined in the BPA code of practice.
Despite submitting evidence, going through mediation and finally now receiving my court date, DCBL continue to pursue the claim.
I do have a witness statement supporting my defence from the landlord and proof of spend on the premises on the date in question...
The latest this week was a few phone calls which I have now decided to respond to, offering me to settle for £60 and avoid court, rather than pay the £300ish the fine has now apparently risen too. Part of me thinks that they have "blinked first" and this might mean they are on the verge of dropping the case.
Question is... should I persist on based on the situation? I feel I have a strong case, but am interested to know the thoughts of the forum users. Or... should I cut my losses, pay the £60 and get on with my life?
P.s. I did poke the bear this week and reply to the £60 with a counter offer saying I'd settle without prejudice for £27(the cost of the court fee) just to give them an out at this point.
The background...
My local pub decided to implement parking controls as its based near the M5 and has limited parking which was being abused by non-paying customers (fair enough!)
No charge was required to park, but you were limited to 3 hours unless you put your reg into often buggy tablet screens which were inside the pub. The parking was run by National Parking Control Group and the debts passed to DCBL, who I know are a regular feature on this forum.
As a regular I would put my reg in, unless I knew I wouldn't be in there for past 3 hours as it didn't matter. For varying reasons lots of regulars ended up getting tickets. Many of which were not followed up, some paid up and some have taken on the process if they felt they had a claim. It got to the point where the landlord put regulars into the system as "approved" cars, but even then some still got tickets and despite other systems allowing for the client to cancel unjust fines outright, this system apparently wouldn't allow it.
It got so bad that in the end the pub cancelled the contract with the parking firm and earlier this year the cameras were taken down.
My ticket...
I picked up a ticket in Nov 2024 for overstaying the 3 hours by 6 minutes. I realised I had overstayed by a couple of minutes this so went back into the pub and entered my reg. By the time I got back to the car and drove out of the car park, the camera got me at 3 hours and 6 minutes, so probably put my reg in the system at 3 hours 2 minutes (give or take).
When the invariable ticket arrived I challenged it under the grounds that I was a paying and regular customer who was spending money in the establishment. The fine of a couple of minutes over the 3 hours did not equate to a "loss of income" for the establishment and was not justifiable. Finally and I still think importantly, is within the expected 10 minute grace period as outlined in the BPA code of practice.
Despite submitting evidence, going through mediation and finally now receiving my court date, DCBL continue to pursue the claim.
I do have a witness statement supporting my defence from the landlord and proof of spend on the premises on the date in question...
The latest this week was a few phone calls which I have now decided to respond to, offering me to settle for £60 and avoid court, rather than pay the £300ish the fine has now apparently risen too. Part of me thinks that they have "blinked first" and this might mean they are on the verge of dropping the case.
Question is... should I persist on based on the situation? I feel I have a strong case, but am interested to know the thoughts of the forum users. Or... should I cut my losses, pay the £60 and get on with my life?
P.s. I did poke the bear this week and reply to the £60 with a counter offer saying I'd settle without prejudice for £27(the cost of the court fee) just to give them an out at this point.
0
Comments
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They are about to discontinue the claim before the date for them to pay the hearing fee.
No paying.
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Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Don’t pay a penny.babbling_golfer said:Afternoon all, a topic which I know has been covered on this forum a good few times, but every case has nuances so sharing mine to hopefully build a consensus from those who have experienced this process.
The background...
My local pub decided to implement parking controls as its based near the M5 and has limited parking which was being abused by non-paying customers (fair enough!)
No charge was required to park, but you were limited to 3 hours unless you put your reg into often buggy tablet screens which were inside the pub. The parking was run by National Parking Control Group and the debts passed to DCBL, who I know are a regular feature on this forum.
As a regular I would put my reg in, unless I knew I wouldn't be in there for past 3 hours as it didn't matter. For varying reasons lots of regulars ended up getting tickets. Many of which were not followed up, some paid up and some have taken on the process if they felt they had a claim. It got to the point where the landlord put regulars into the system as "approved" cars, but even then some still got tickets and despite other systems allowing for the client to cancel unjust fines outright, this system apparently wouldn't allow it.
It got so bad that in the end the pub cancelled the contract with the parking firm and earlier this year the cameras were taken down.
My ticket...
I picked up a ticket in Nov 2024 for overstaying the 3 hours by 6 minutes. I realised I had overstayed by a couple of minutes this so went back into the pub and entered my reg. By the time I got back to the car and drove out of the car park, the camera got me at 3 hours and 6 minutes, so probably put my reg in the system at 3 hours 2 minutes (give or take).
When the invariable ticket arrived I challenged it under the grounds that I was a paying and regular customer who was spending money in the establishment. The fine of a couple of minutes over the 3 hours did not equate to a "loss of income" for the establishment and was not justifiable. Finally and I still think importantly, is within the expected 10 minute grace period as outlined in the BPA code of practice.
Despite submitting evidence, going through mediation and finally now receiving my court date, DCBL continue to pursue the claim.
I do have a witness statement supporting my defence from the landlord and proof of spend on the premises on the date in question...
The latest this week was a few phone calls which I have now decided to respond to, offering me to settle for £60 and avoid court, rather than pay the £300ish the fine has now apparently risen too. Part of me thinks that they have "blinked first" and this might mean they are on the verge of dropping the case.
Question is... should I persist on based on the situation? I feel I have a strong case, but am interested to know the thoughts of the forum users. Or... should I cut my losses, pay the £60 and get on with my life?
P.s. I did poke the bear this week and reply to the £60 with a counter offer saying I'd settle without prejudice for £27(the cost of the court fee) just to give them an out at this point.1
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