Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - Alexjp74

Pages: [1] 2 3
2
I’m happy to report that I have received the N279 today, just as you predicted. I really thought they’d take it to court with it being a telephone hearing. Thank you so much for all your help with this, It’s such a relief that it’s over with.

3
Thank you for this, much appreciated. Hopefully it won’t be needed. I will keep you posted.

4
Hi, I’m getting a bit worried as the WS deadline is 17th December, a week before the court fee is due. I know Dcblegal probably will discontinue before submitting their WS but I’ll have to put together mine just in case they don’t. My question is, how do I submit one and can you please advise me on how to word it all, bearing in mind, not only the sparse Poc but my evidence of no signage on entry to the car park and the conflicting signs within the car park? This is giving me big anxiety and I just want to see that notice of discontinuance  :-[

5
Yes, Exactly what I thought, scaremongering tactics! It’s quite laughable that they are claiming £300+ but are willing to settle for £50! I did consider paying just to save the hassle of preparing a witness statement and printing off photo evidence. Sounds like they’ve no intention of preparing a WS. I will forward the email today. Thank you so much for your advice, you are brilliant!  :)

6
Good Afternoon,
 
WITHOUT PREJUDICE SAVE AS TO COSTS
 
We write in respect to the above Claim and shall shortly be sending to you our Client's Witness Statement together with all documents in support of their Claim against you. This evidence will be presented at Trial, and we are confident that your liability for repayment of the Parking Charge will be determined by the Court.
 
Despite this, we have been instructed to attempt to settle the case with you so that the matter can be brought to an early conclusion and in order that you may avoid a County Court Judgment (CCJ) being granted against you, should the Court award this in our Client's favour.  They are therefore willing to settle the case at this stage for a reduced sum of £50.00. Should you be agreeable to the same, please ensure payment is made within 14 days of this email.
 
If payment in the above sum is not made within 14 days, we have instructions to proceed to Trial, where a CCJ could be granted against you. A CCJ can remain on your credit file for 6 years from the date it is granted, and its impact may make it difficult for you to obtain credit in the future, such as a mortgage.
 
Once paid we shall inform the Court of the early settlement, requesting the Trial be vacated and the Claim marked as paid. We shall then close our file.   
 
The benefits to you making a payment to settle the Claim at this stage are:
 
Avoid the case proceeding to Trial where you may have to attend.
Avoid the risk of a CCJ being granted against you and the impact this could have on your credit file.
Avoid the risk of further fees and costs being added to the amount you owe should the Claim proceed.
 
You can make your payment to settle this Claim by using one of the easy payment methods below:

7
Hi again, I don’t know whether you noticed but I’m in the same position as another member that you have been advising, in that my witness statement must be provided BEFORE the court fee is due. Very annoying to have to put the work in for nothing. However I received this email today from DCBLegal offering to settle, for £50! What do you think?…

8
Ah I get it, thanks. I'll update you in due course.

9
I'm thinking about starting to put together a witness statement now in case it does go to court. The PoC being non compliant as the main defence, however, I have photos from April 2020 showing no signs at the entrance to the car park that the driver used. The entry photo on the PCN indicates that this entrance was used. The other entrance to the carpark did have a sign, but no T&C's, it just said ANPR was in use and T&C's can be viewed inside the car park. (The signage is all different now.) DCBLegal claimed in their email to me that the T&C's of the carpark signage stated that there was 0 mins free parking, they said no such thing. They said 60 mins and 120 mins on contradicting signs. The store was closed as it was lock down, but the carpark remained open. I know that they issue many PCNs during lockdown which were cancelled on appeal. I didn't get chance to appeal as they sent the PCN to my previous address. I did update with the DVLA around the time they would've applied but as it was lockdown there was possibly a delay in updating the records. Do you think all this will help back up my defence? As you say, I may not need to do a WS but I want to be prepared. I wont have long after the court fee deadline.

10
Letter emailed to Court, Cc'd DCBLegal. Thanks. Here's the court letter I couldn't upload yesterday..

https://ibb.co/S7MbLry1
https://ibb.co/JV5Pgfm

11
Thanks for this, I can't seem to find an email for St Helens County Court, any idea who to email it to? I could easily hand deliver the letter. 

12
Is there anything in the Notice of Allocation you received that says something along the lines:

“If you object to this hearing being conducted by telephone/video, you must notify the court…”

It does say..

 ''This order has been made in the absence of the parties: any party affected by it may apply within 7 days of service of this order, for it to be varied or set aside.''

The claimant is required to pay the court fee by 4pm on the 23rd Dec 2025

13
I used this letter template to get a hearing listed act St Helens sent to the defendants local court, Adapt as necessary:

Quote
Dear xxxxx.

Thank you for your response.

While I note the Judge has listed the matter for a Telephone Hearing, I must respectfully maintain my position that this case has been misallocated, in breach of CPR 26.2A(2) and Practice Direction 26, paragraph 7.1, which state that a defended claim against an individual must be transferred to the defendant’s local court.

Whether the hearing is by telephone or in person is not the issue; the allocation itself is procedurally incorrect. I ask again that this matter be put before a Judge for judicial reconsideration under CPR 3.3(4) and that I receive written confirmation of the outcome, including reasons if the request is refused.

In parallel, I have:
* Filed a formal complaint via the HMCTS service, and
* I’ve raised this matter with my MP, as it reflects a broader pattern of systemic court allocation errors linked to bulk litigation by private parking firms. These errors, along with the aggressive legal tactics used, suggest a deliberate misuse of the civil justice system to pressure individuals into unfair settlements.

I respectfully ask the Court to correct the allocation error without placing further burden on me as a litigant in person and without requiring an N244 application, given the clear language of the Rules.

Yours sincerely,
is this letter relevant to me since they have allocated it to my local court, albeit by telephone?

14
St Helens is my local court, am I at a disadvantage if its over the phone?

15
Yes, it’s the one I requested

Pages: [1] 2 3