Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: yo61 on September 15, 2024, 08:34:26 pm
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Do you have a link for the thread on MoneySavingExpert?
Already notified on there: https://forums.moneysavingexpert.com/discussion/comment/81310262/#Comment_81310262
Thanks for the link - I have shared it and a link to this thread in the Facebook community group for the Housing Development on which I received the ticket, urging people who live there to stand-up to these people, and referring them here.
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Do you have a link for the thread on MoneySavingExpert?
Already notified on there: https://forums.moneysavingexpert.com/discussion/comment/81310262/#Comment_81310262
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Can you please show us the N279 form?
Over on the MoneySavingExpert forum they're collating a list of all the times DCB Legal pull this last minute discontinuing trick.
Of course - I have attached the redacted N279.
Do you have a link for the thread on MoneySavingExpert?
Many thanks!
[attachment deleted by admin]
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Can you please show us the N279 form?
Over on the MoneySavingExpert forum they're collating a list of all the times DCB Legal pull this last minute discontinuing trick.
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Some time ago, I received notification from the local court that the case had been tranferred.
Shortly afterwards (10th Feb), I received this via email from DCB Legal:
Re: Our Client: BaySentry Solutions Ltd
Claim Number: XXXXXXXX
WITHOUT PREJUDICE SAVE AS TO COSTS
We write to you in relation to the above matter.
To assist the Court in achieving its overriding objective, our Client may be prepared to settle this case. I can confirm our Client would be agreeable to £100.00 in full and final settlement of this Claim. The current outstanding balance is £291.68.
Should you be agreeable to this offer, please make payment within 7 days. Payment can be made via our website www.dcblegal.co.uk, by calling our office on 0203 838 7038 or via bank transfer:
DCB Legal Ltd Client Account
Sort Code: 20-24-09
Account no: 60964441
When making payment please ensure you include the following reference number, XXXXXX.XXXXX, to enable us to allocate it to the correct case.
Upon receipt of the settlement sum of £100.00 we will update the Court that the matter has been settled. If you are not agreeable, we will continue to follow the Court process as normal.
I ignored this, obviously!
This morning (24th Feb) I received this via email:
Our ref: XXXXXX.XXXXX / BaySentry Solutions Ltd v <My Name>
We act for the Claimant in the above matter.
Our client has instructed us to discontinue Court proceedings and close our file. Therefore, please find enclosed the Claimant’s N279 Notice of Discontinuance for your records.
The attached has also been filed with the Court.
We will now proceed to close our file accordingly.
Victory!
Thanks for all the help I've received on here - I wouldn't have known what to do without it.
But what a total waste of time and resource - not least, of the Court system.
Can nothing be done about these parasites?
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I have had my call.
I stated my position to the mediator.
The mediator spoke to the claimant, who restated their position.
I said I wasn't prepared to consider anything other than withdrawal of the claim.
Call ended.
Awaiting further communication from my local court.
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It's a waste of time in these bulk litigator initiated actions. It is not part of the judicial process and no judge or lawyer is involved. Your only obligation is to "attend" the call.
You offer £0 and it is all over within minutes.
Got it, thanks.
I did think, when I read the document, that I wasn't prepared to offer them anything as I don't believe I have committed any offence!
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It's a waste of time in these bulk litigator initiated actions. It is not part of the judicial process and no judge or lawyer is involved. Your only obligation is to "attend" the call.
You offer £0 and it is all over within minutes.
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Update:
We both submitted the completed N180DQ, as requested.
Weh ave both received invitations to mediation appointments in Janury, 2025.
The invitation email contained the attached document, and a link to this video:
https://www.youtube.com/watch?v=Fm4hjpA72vA
Is there anything we should be aware of at this stage?
[attachment deleted by admin]
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The address for sending the completed N180DQ are as follows...
You save it as a PDF and attach it to a single email addressed to both DQ.CNBC@JUSTICE.GOV.UK and INFO@DCBLEGAL.CO.UK and also CC in yourself.
We've been advising on this for years. These are the email addresses to use. Why are you trying to overthink this?
I don't doubt your advice, but the reply from DWMB2 contains the confirmation I wanted to see.
Thank you for all your help - I do genuinely value it.
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The address for sending the completed N180DQ are as follows...
You save it as a PDF and attach it to a single email addressed to both DQ.CNBC@JUSTICE.GOV.UK and INFO@DCBLEGAL.CO.UK and also CC in yourself.
We've been advising on this for years. These are the email addresses to use. Why are you trying to overthink this?
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I can't find any reference to the email addresses you mention, or any indication that it's OK to return/service the documents via email. Where can I find confirmation of this?
https://www.find-court-tribunal.service.gov.uk/courts/civil-national-business-centre-cnbc (https://www.find-court-tribunal.service.gov.uk/courts/civil-national-business-centre-cnbc)
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You complete the N80 DQ. Download one here and complete it, sign it by typing your name for the signature and then send it as a PDF attachment in a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself.
https://assets.publishing.service.gov.uk/media/66a8b019ce1fd0da7b592f43/N180_0724.pdf
Question about where to send the completed form:
The N149A says to:
file it with the Civil National Business Centre, 4th Floor St Katharine's House, 21-27 St Katherine's Street, Northampton, NN1 2LH
and:
serve copies on all other parties
by which, I assume they mean DBL legal Ltd, Direct House, Greenwood Drive, Runcorn, WA7 1UG (from the N1SDT Claim Form).
I can't find any reference to the email addresses you mention, or any indication that it's OK to return/service the documents via email. Where can I find confirmation of this?
Thanks!
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C1: Yes
C2: No
I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.
I had to edit your suggest response down to fit in the box on the PDF form. I don't think this materially changes the content:
I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
The Claimant is a firm who complete cut & paste parking case paperwork for a living. Having this case heard solely on papers would put the Claimant at an unfair advantage as the Defendant would not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.
Does that sound OK?
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C1: Yes
C2: No
I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.
Perfect, thanks.
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C1: Yes
C2: No
I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.
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Thanks for the response.
Do you have any advice on the following:
C1 Do you agree that the small claims track is the appropriate track for this case?
D1 Do you consider that this claim is suitable for determination without a hearing, such as; by a judge reading and considering the case papers, witness statements and other documents filed by the parties, making a decision, and giving a note of reasons for that decision?
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You complete the N80 DQ. Download one here and complete it, sign it by typing your name for the signature and then send it as a PDF attachment in a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself.
https://assets.publishing.service.gov.uk/media/66a8b019ce1fd0da7b592f43/N180_0724.pdf
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Update: We have both received Notice of Proposed Allocation to the Small Claims Track.
[attachimg=1]
What do we do next?
Thanks!
[attachment deleted by admin]
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Defence and Short Order submitted.
Autoresponse received.
I will update further when a further response is received.
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You answered the question I was about to ask ;D namely, will your partner be doing the same?
The same approach should work for both, all else being equal, so in theory you should receive similar responses to your submissions at similar times. If that doesn't happen however, be sure to let us know, so that you ensure nothing is missed.
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Fantastic!
I shall get that sent off to the court shortly, and also advise my partner to do the same.
Many thanks.
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With an issued date of 12th September and having filed your AoS in a timely manner, you have until 4pm on Tuesday 15th October to submit your defence. There is no rush and you will be provided with a short defence and a draft order to submit as PDF files by email.
As this is a claim filed by DCB Legal, it doesn’t really matter much what you put in a defence as they will eventually discontinue before any hearing. I am 99.99% confident of that.
Here is a link to the short defence and draft order. You only need to edit the claimant and your name, the claim number and then sign it by typing your name for the signature and dating it. There is nothing to edit in the draft order:
Short Defence (https://www.dropbox.com/scl/fi/m14ns1dh0sjjp4v0e3o1s/Short-defence-copy2.pdf?rlkey=97s6pu6dbhtc5hrjfcrqt78is&dl=0)
Draft Order (https://www.dropbox.com/scl/fi/yjj8nwoc6sknmc9uawecf/short-defence-order-copy-3.pdf?rlkey=y3xyz2s8vumu0k3webocx9sza&dl=0)
The Defence and Draft order are sent as PDF attachments in an email to claimresponses.cnbc@justice.gov.uk and you also CC in yourself. The subject must contain the claim number. In the body just mention that “attached is the Defence and Draft order for Claim no.:[claim number] [defendants name] v [claimants name].
You should receive an autoresponse email almost immediately. If you don’t get the autoresponse after a few minutes, try again and if no luck, try sending the email using a different email agent.
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My partner & I have both recently received Letters of Claim (dated 12/08/2024) and Court Claims (dated 12/09/2024) for PCNs issued on 09/02/2022
I posted about this on Pepipoo at the time. I chose to ignore the repeated letters from BaySentry.
Here's a brief summary:
- partner rented a flat with two parking spaces
- neighbour also had two parking spaces and gave us permission to park in them
- Returning late on 08/02/2022, partner parked in one of her spaces, but with wheels across the line into her second space
- I parked in the second space, but with my wheels across the line into neighbours space
- We both received PCNs on the morning of 09/02/2024 for "Parked beyond bay markings (out of bay)"
My PCN:
(https://lh3.googleusercontent.com/pw/AP1GczPPnFgBEGK3ax_7vuQ-j_uYaimWGsiaTYaS5FUlfWnwJepu57nyjtrDIt3jor3EQSQNxCsqnQ9m2GLHtrlco8a93as3TC-M_900s_GTjO6jZKnaWdzyRd6c5u1X13K6HB84tRuXxHRJWrL3n-j5kBO_FQ=w388-h1241-s-no-gm)
The PCN states: The vehicle was parked on private property in a manner where the driver agreed to pay a parking charge as displayed on the signage at the site.
This is the signage:
(https://lh3.googleusercontent.com/pw/AP1GczMsVTn7TizcOzAVzgpCCezY80OqwsmwwIo6NxuYA5a1Cug2XMicfF4ulCzxfb-BrcuutiiSINGffqgfGRrewQy0jL-irxZRXLPxba0qn6lwUi5DxxCZz7DL7ZOxRD6kq4vpCxcLr8e74gEXxIEUV4yZ4w=w756-h1008-s-no-gm)
The signage states:
Unauthorised vehicles include but are not limted to:
1. Vehicles parked in resident bays without prior consent
2. Vehicles causing an obstruction or parked outside of a bay
3. Vehicles parked in visitor bays for over 12 hours or without
registering.
In the small print at the bottom, it says:
A Parking Charge Notice will be issued when you breach the above terms and conditions.
ie. no terms & conditions can apply other than those shown on the sign.
This does not state that all vehicles must be parked within a marked parking bay. It states that a vehicle will be unauthorised if it is parked outside a marked parking bay.
Neither vehicle was parked outside a marked parking bay.
Specifically:
My partner's vehicle:
- was parked entirely within the two resident bays allocated to her.
- was not causing an obstruction, or parked outside a bay
- was not in a visitor bay
My vehicle:
- was parked entirely within resident bays with prior consent
- was not causing an obstruction, or parked outside a bay
- was not in a visitor bay
This is the Letter of Claim (redacted):
(https://lh3.googleusercontent.com/pw/AP1GczO0Wt5WoLwGvzugew-OSOSEfujvzPzfH9Aktu0DHNKBaMLr2jL-_seOOyRjZhSsPIG9WGWnCYwqLLvdu6jfZVnrbjykxtsi1I7GidE7bFb1cOlIxrm6WPxe2IwBWy5dZO4FV88FoUCvbJiNp9Fh726UtQ=w579-h839-s-no-gm)
I have submitted my AoS, as recommended here: https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
What should I do next?