Author Topic: PCN National Parking Control, parking in private premises that is owned by the leaseholder, not displaying a permit  (Read 222 times)

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b789

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Whilst the above advice by @H C Andersen, is indeed correct, we must remember that this is a claim filed on behalf the Claimant by DCB Legal. It will be discontinued before it ever gets to court.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

ElsL

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Terms of the deed

I have scanned majority of the deed. However, the headings mentioned above are not there. However, Paragraph 9.22 mentions about third party not being able to enforce any points within the deed. Which would fully exclude any claim by DCBL
« Last Edit: May 15, 2024, 06:04:00 pm by ElsL »

ElsL

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DCB Legal has now reached out to me via email from my submitted defence
"Good morning,
Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.

If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not."

They have attached a N180 form to the email.

Please advise should I consider mediation with them or just let it roll to a hearing?

The Rookie

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Every defendant gets that letter, including all the ones were they subsequently discontinued, so just yawn and file it.
There are motorists who have been scammed and those who are yet to be scammed!
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b789

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Here's a short checklist that you should keep handy as you progress through this process. After filing your Defence, there is more to do:

1. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire and the usual intimidating template letter saying they 'intend to proceed'. Nothing of interest there. Just file it.  YOU MAY HAVE TO WAIT TWO MONTHS OR SO FOR THE NEXT STEP TO HAPPEN:

2. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet - https://assets.publishing.service.gov.uk/media/664cb5df993111924d9d3928/N180_0524_save.pdf and then complete it.

3. Except in cases where you have filed a counterclaim (which are allocated to your local court quicker and the CNBC is no longer involved) the completed DQ should be returned by email to the CCBC to this address:  DQ.CNBC@justice.gov.uk

4. Cc a copy of your completed DQ to the Claimant (or their solicitor if they are using one).  Their postal address is on your Claim Form but you can find an email for them by searching this forum.

5. DO NOT USE RECORDED (OR SPECIAL) DELIVERY FOR ANYTHING TO A PARKING FIRM OR THEIR SOLICITOR. DO NOT EXPECT ROGUE FIRMS TO SIGN FOR YOUR LETTERS. IF THEY DON'T, ALL YOU HAVE IS PROOF OF NON-DELIVERY, WHICH IS THE EXACT OPPOSITE OF WHAT YOU NEED! Use a free "Proof of Posting" certificate from a Post Office.

6. Will you have to attend a hearing? Yes - unless the claim is struck out or the PPC discontinues (very common with DCB Legal!). Will that hearing be at Northampton?  NO!  That's just a central starting point for claims.  If you are an individual, you get to choose your local court, and telephone or video hearings are becoming common.  Face to face hearings are better though; it's easier to follow the visual cues from the Judge who allow for Defendants being scared and unused to the situation.  You do NOT want your case 'heard on the papers' (absolutely no).  You want a hearing and you can claim your costs if you win, and you risk nothing (no CCJ, no huge costs) by defending, because if you were among the handful who report a loss you'd have 30 days to pay and it would be less than on the claim form (£175 - £200 total).
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

H C Andersen

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OP, two things which matter: process and substance.

As regards substance, IMO you are dwelling far too much on the detail of the events. A lease is a legal agreement which binds you and the landlord.

Any obligation you have under this agreement is to the landlord - the agreement stipulates that a 'third party' cannot exercise the rights of the landlord.

Even if, and we have not seen anything to this effect, the 'Regulations' have been amended, they form part of the lease, they do not create a separate relationship with a third party.

INO, deal with this at the appropriate level i.e. legal obligations, and not who said what to whom etc.

IMO, the landlord may not in law amend the agreement unilaterally by purporting to make you liable for a breach, if such exists, to the sum of £**** which would be adjudicated outside the terms of the agreement.

B******s.