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 - jfollows

Pages: [1] 2 3 ... 220
1
Private parking tickets / Re: Parking Eye /DCB Legal court claim
« on: Yesterday at 07:14:09 pm »
Agreed.
If an AoS is filed by 4pm on 7 September then the deadling for filing a defence is 4pm on 21 September.
A defence needs to address the NtK and the Particulars of Claim on the N1SDT form.
I would advise filing an AoS and hoping that the other information arrives by 21 September, and thinking about what a defence might say if it doesn’t. Failing to file a defence could be fatal.

2
Private parking tickets / Re: PCN for overstaying in car park
« on: Yesterday at 04:05:40 pm »
That seems fine to me, yes.

3
Private parking tickets / Re: Letter of Claim - DCB Legal
« on: Yesterday at 02:37:44 pm »
Thank you for the update, because it’s a good example of how long it takes between original threats and discontinuation - about a year - which anyone who can be bothered to search the forum will also be able to see.

4
Private parking tickets / Re: Private parking charge, obscure sign
« on: Yesterday at 02:22:38 pm »
It’s a letter of claim, so you send a simple reply
Quote
the defendant responding within a reasonable time – 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed
.

You’re mainly doing this to show that you’re engaging with the process.

BW Legal will probably ignore anything you say.

In due course they may raise a county court claim, so you should think about your defence to this.

5
Private parking tickets / Re: IAS appeal
« on: Yesterday at 01:23:34 pm »
Theoretically you could be asked under oath in court and then you’d have to say, but few of these cases make it to court, but you should never lie, so if the truthful answer is not “No” then don’t make it.

Posting again will not “clutter” the forum, but if you’re happy with my answer then that’s fine.

It’s much more important that if you ask questions that you also post relevant documents along with the query, because although you might say they’re “all the same” it’s of little help to the reader to see this.

6
More information per http://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/, please.
For starters, stop identifying the driver. Although if you did so in your defence it’s moot.

The parking companies go from the address on your car’s V5C at the time they request it, and they are not allowed to ask for it again. Debt collectors can perform a search subsequently to discover your new address.

Quote
  My current address was updated with DVLA June 2024.
If you mean your driving licence, this is irrelevant. The address on your car’s V5C is what matters.

7
Do your research and search the forum.

These companies initiate claims through the courts to frighten you into paying, but since the case will be held at your local court (as long as you follow advice) they will normally discontinue before having to pay the court fee. Paying someone to attend court is going to cost more than any money they might get from you if they win.

Do not ignore letters.

For now, you have to file a defence and in due course complete paperwork to get the case allocated to your local court.

8
Don't overlook the fact that anything you say in your defence you will be prepared to state under oath if required, which will carry a lot of weight, under the presumption that this case makes it to court. In reality, it's likely that the case will be discontinued after repeated attempts to intimidate you into paying fail, but your saying that you used the touchscreen doesn't mean you have to back this up with photos, in fact the "requirement" to take photos is very much an implicit acknowledgment of the failure of the system.

A CCJ is a County Court Judgment, either because the case against you is upheld by the court or because you ignore the papers and get a default judgment made against you. In the unlikely event that you receive a CCJ, as long as you pay the amount required within 1 month there is no record made on your credit file (or you can apply to have it removed). Failure to pay within 1 month results in a record of some sort for six years, by the way.

9
Please read http://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ and - in particular - post the documents requested and the text of your appeal.

See https://www.britishparking.co.uk/write/Documents/AOS/Sector%20Code%20Templates/sectorsingleCodeofPracticeVersion1.1130426-2.pdf to read about the “consideration period” which will be 5 or 10 minutes, not 11.

Fairness doesn’t come into it, you have to appeal on facts. The facts may be that the notice has technical flaws. Although Parking Eye’s are normally reasonably compliant.

Oh, and it’s not a “fine” it’s an invoice for payment under the contract entered into by the driver at the time. The driver is liable, but the liability can be transferred to the registered keeper if the provisions of the Protection of Freedoms Act 2012 are followed.

10
Read and act on http://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/

Show us what you’re talking about.

If you have a N1SDT county court claim then you have 14+5 days from its date to respond, which can be an Acknowledgment of Service, in which case you then have an additional 14 days to file a defence.

All your stuff about being away and not opening your mail is your problem. The deadlines on a county court claim should be clear. CEL won’t care.

Don’t expect us to give you more specific advice in response to your summary, we need to see the actual documents with personal details obscured as advised above.

Get the gym to cancel the notices and tell them that you'll cancel your membership if they don't.

11
Private parking tickets / Re: Parking Eye /DCB Legal court claim
« on: September 05, 2026, 12:44:01 pm »
It’s not a “fine”, it’s an invoice for payment under the contract that the driver entered into by reading the signs and parking.

It’s not clear whether or not you identified the driver in your correspondence. If you didn’t, then there is a good path to a defence and a discontinuation.

12
Private parking tickets / Re: IAS appeal
« on: September 05, 2026, 12:22:12 pm »
Is this related to your existing thread?
If it is, please post there.
Otherwise, please give us the full story including the documents.
Quote
We operate some "house rules" on the site.

1. We operate a "one case, one thread" rule. This means that you should keep any posts relating to one case (one incident of speeding, one PCN, etc) to a single thread. Do not start multiple topics on the same case.

13
Private parking tickets / Re: Private parking ticket day after hotel stay
« on: September 04, 2026, 03:37:56 pm »
DCBL are powerless and useless debt collectors, and can be ignored.
However, DCB Legal will likely issue a Letter of Claim followed by a county court claim which needs to be defended. For which the Notice to Keeper needs to be seen. Or is this is hire car or similar? Please give us details without identifying the driver.

14
Private parking tickets / Re: Private parking ticket day after hotel stay
« on: September 04, 2026, 03:14:47 pm »
http://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/

If you can’t post the original Notice to Keeper, request it with a Subject Access Request for all personal information from Parkmaven.

15
Private parking tickets / Re: PRIVATE PARKING CHARGE
« on: September 04, 2026, 12:00:14 pm »
Also, PoFA 8(2) e is not there,  no invitation to the keeper to pay.

Possible "frustration of contract".
8(2)(e) only applies to a NtK issued after a Notice to Driver placed on the car. It’s probably 9(2)(e) that is not complied with.

Pages: [1] 2 3 ... 220