DCB Legal - GroupNexus - Claim form

monkeyboy1978

https://forums.moneysavingexpert.com/discussion/comment/82121860#Comment_82121860

Hearing fee is due on 3rd September at 3pm
Witness Statements are due on 3rd September at 4pm

monkeyboy1978

https://forums.moneysavingexpert.com/discussion/comment/82121868#Comment_82121868

Thanks, very helpful. I'm wondering with a lack of any witness statement from DCB for me to counter, I stick to purely the backing up and supporting of my defence?

Equally, I read something in a thread but can't find it again now relating to "no loss" and removal of this as I did actually pay for parking. I misread the pricing thinking I had paid for 2 hours when in fact I had paid for 1. The whole setup isn't very clear and signage minimal. Time was taken from entry ANPR, and pay and display so there is a discrepancy between timings anyway.

monkeyboy1978

https://forums.moneysavingexpert.com/discussion/comment/82121882#Comment_82121882

Just spoke to court - DCB Legal haven't paid the hearing fee however the hearing is still in place, and they confirmed they haven't received a witness statement from them.

Gr1pr

Email DCB LEGAL ASAP and demand a copy of the N279 discontinuation document or you will claim your costs from the court

monkeyboy1978

Sent a mail to DCB demanding N279 discontinuation on 1/9/26 still yet to hear back.

So I still submit my WS in the event they submit and pay a hearing fee last minute? Obviously this will not allow me to counter any argument they may make due to lack of their WS should they get this in before 3/4pm today.

The details state the following in the Notice of Trial Date:

Coupon-mad

Just copy the style of a recent WS that includes the HHJ Moloney transcript as an exhibit.

You were already given a username link to click on to copy Jack's paragraphs.

DCB Legal will respond with a NoD which we need to see of course (not the email). There will be no hearing. The end is nigh!

Car1980

I'm afraid you will have to submit your WS by 4.00pm today.

You need to kick off for costs by writing to the judge if the NoD comes in afterwards.

monkeyboy1978

Thanks both, I pretty much have my WS ready, sorting it over the last few days based on Jack's. Slightly unsure on some of it but have removed anything I think was not relevant to my case.

Coupon-mad

As long as you have HHJ Moloney's transcript and any other exhibits.

monkeyboy1978

Does the following as an addition to all the required sections seem ok, or too much waffle? Or likely to allow for pushback given what some parts detail?

Sequence of events and signage

4. The approach and entrance to the car park is just off the A456 road. (exhibit 1). This is a busy road, where to stop outside of the car park would be unsafe to do so. Entering is required to read the smaller print of the sign to do so would not be possible from a vehicle - this sign does not detail the full terms and conditions.

5. The only safe way to stop to view some of the car park terms and conditions is by entering, parking and walking to a pay meter, by which time you are effectively parked. The size of smaller print and font is not something the is legible from within a car and difficult even when standing next to it. (exhibit 2)

6. The IPC mandatory Code says that text on signage “should be of such a size and in a font that can be easily read by a motorist having regard to the likely position of the motorist in relation to the sign”. It also states that “they should be clearly seen upon entering the site” and that the signs are a vital element of forming a contract with drivers. (exhibit 1) (exhibit 2)

7. The reliability is called into question of the parking meters. As experienced by the driver at the time. A google maps image from around a similar date to the PCN, you can clearly see that a parking meter is out of action. (exhibit 3)

8. Parking ticket (exhibit 4) discrepancy between entry time ANPR (exhibit 4) and payment of ticket. ANPR purely details time of entering it gives no indication of time parked and paid for. NTK details 15:28 (exhibit 5) - Ticket time details 15:37.

9. The driver detailed that the pay and display machine was confusing. Timings on screen paid for were not clear, and due to the confusion as well as parking meters that were unreliable 1 hour was paid for believing it was for 2.

10. Given that at purchase time of 15:37 and the driver believing they had paid for 2 hours, allowing for a grace period of 10 minutes, it is perfectly reasonable to think that parking was valid until 17:33 (When ANPR) shows the car leaving (exhibit 5). It is only after the event and upon receipt of the PCN and the realisation that the parking ticket once found was purchased for 1 hour.