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  1. Hi everyone. DCB L haven't returned my costs yet, I have to decide on what to do about this tonight, any thoughts? I recieved an email from DCB L asking for my bank details and I replied asking them to send me a cheque, but that was 7 days ago and I haven't heard from them since. Should I email them again to remind them, or leave it and just tell the court they have failed to pay? If DCB Legal fail to pay my Costs before the courts deadline, will the court send them letters or do I have to chase the debt myself?
  2. The BPA Code Of Malpractice states, use of the word 'FINE' is a 'misrepresentation of authority', several signs in OBS managed carpark state "A fine will apply if exceeded" see photo attached. How do you think this can be used in my defence? Have been away, so will be dedicating this weekend to filing my defence and hope to have something on here for your recommendations later.
  3. Hi everyone. If DCB Legal fail to pay my Costs before the courts deadline on Monday, will the court send them letters or do I have to chase the debt myself? If the latter, can I send them demand letters at £88 a time, the same way they did to me, and then instruct debt collectors, I do know some people who collect debts. I did recieve an email from DCB L asking for my bank details, to which I replied asking them to send me a cheque. That was 7 days ago and I haven't heard from them since. Should I email them again to remind them, or leave it and just tell the court they have failed to pay?
  4. Thanks Dx: Does it include adding photos? What do you think of the picture in my previous post? Ps, I understand the need to read around to gain the knowledge, I'm certain as I had not done so, I wouldn't have done so well with the SetAside, it's just finding the info, HB sent a link and I wil be on the case when I get back.
  5. Hi Everyone, "find the sign competition" :0) Look at this attached photo and tell me if you think it complies with any parking codes of conduct. The picture is a full 180 degree, wall to wall, panoramic photo of one side of the carpark, taken from the disabled slots directly outside Homebase managed by OBS. Zoom in and track from left to right looking for the signs. Do you think the signage complies with the BPA code of conduct which is: 28.3 Specific parking terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand.
  6. Aftenoon all, received my set aside paper today, could someone outline what happens following after my defence goes in, so I know where this is all going.. The court letter, a General Form of Judgment Order states: IT IS ORDERED THAT Judgement be set aside on condition that the Defendant files his defence by 4pm... As suggested I tried searching for winning cases on here and have read lots of other good information, but maybe I'm not using the right search terms, as navigating the site and finding case studies relevant to filing a defence and winning it is not proving easy. I think I need the basics, how much to actually write, (or a couple of links to follow), as I spent all day Thursday and Friday researching the BPA POFA etc then speaking to the council and ICO, along with hours writing reams in my defence as I thought that's what was necessary. I assumed I had to write a full on defence right now, but I can see HB's post above saying only a few points are needed. Isn't the aim to show OBS my defence now so they drop the case? I know you regulars on here are so used to the system it's easy, however I feel totally lost in all this and almost called a solicitor yesterday as I'm spending far too much time on it. Although I also have the feeling a solicitor would be a waste of money at this stage and may not be necessary at all with your help. I have no intention of losing this now. I think I have more than enough written now, so once I know what I am doing I can complete it today. Also, can someone tell me what happens after the court and OBS receive my defence? Will the judge make any decisions based on the defence I send in? What are the possible outcomes after OBS and The Court receive my defence, what happens next? *Is my defence simply some basic points explaining why I believe the Claim is invalid, without elaboration? * Do I need to include photos with my defence now? *I intend to use the total lack of signage as a major part of my defence, (not seeing any contracts, therefore not agreeing to, nor being being bound by any terms etc) and will upload some photos in a moment, to highlight my reason for this and to see what you think. Cheers
  7. Hi everyone. Had a day off now anxious to get on with my defence and get it over with, am wondering where I'm going next. Are their any examples on here you can you can recommend for me to look at? Also, what happens next? I send my defence to the court and DCB L within the next twelve days and then what happens?
  8. Hi. EricsBrother. re ICO Tier system I notice in another case on here you talk about carpark operators registering with the ICO for data protection, and that they need to be on the right Tier.. OBS are only on Tier 1 also. I spoke with the ICO and they seem to suggest the Tier system is only based on the number of employees and amount of turnover a company has. I am wondering if the ICO are misinterpreting the government guidelines on this, or if the government need to change the policy to include the number of people's data they actually hold, as The ICO said the Tier system is based on the principle of more data = more risk. As the carparks are capturing thousands of peoples data a year, the fact that they only have 10 employees would appear irrelevant and unrelated to the amount of data a company such as OBS actually hold. What's your understanding of it?
  9. Thanks everyone for your greetings, I consider it a win for the team and have caught up on the alcohol tonight in celebration. I actually thought today was going to be the end of it, so was a bit suprised when the judge told me to send in my defence haha, looking foward to getting the thing over and done with. Thanks again
  10. Thanks everyone, EricsB, LookinFor, FTM, AndyO etc etc and especially Dx and Brassed for intensive last minute support and advice. I had a whole script prepared but was asked direct questions, so that went to pot and much of the advice you all gave was blurted out somehow and it all came together in the end. I had a kind Judge that ignored the Claimant and respected the fact that I was caring for my mother, who was the happiest I've heard her in months thanks to the good news today as yes, the SetAside was granted! The Judge was also kind enough to refund the set aside fee, which was a last minute request using an abridged version of your post Dx cheers indeed. So all in all a very good result. So what's my next move? The judge has ordered I file my defence in the next 14 days, but said nothing more than that. Is there anywhere I should be looking for the procedure? Thanks again, DB
  11. Many thanks for the above inut DX and Brass'd. Yes I paid £255 for the set aside. I will include the points you have mentioned. It is shame I cannot also apply for my own letters sent Recorded dely at £8 and charge my own standard rate, to match the rate charged by DCBL :0) I won;t push my luck though. I need to cover the reasons for taking as long as I did to send in the N244 as DCBL are saying I took too long and quoting a case: Regency and Rolls Ltd Vs Carnall 2000 EWCA Civ 397 where it was held 30 days was too long... I also thought I had to state the reasons why I think I had a good defence?
  12. Thanks again, Brassnecked. Yes I'm hoping the Judge will consider my mothers illness valid reason enough, she's still not good bless her. The claimant is complaining it took me too long to put in the N244, but I will state I did deal with it as promptly as possible with everywhere being closed due to lock down and awaiting SARs etc. The Claimant is saying I was unreasonable by not replying to OBS letters etc in all this time. My argument is that OBS have deliberately dragged the process out to increase the claim, I always denied it, I thought I was being scammed due to their past history being prosecuted and the different dates in the letters they sent me etc, so I was waiting for the claim, at which point I would have taken action immediately. OBS should have applied for the CCJ when they found out were I was living in 20I7, they were unreasonable. Out of interest, I was not registered with Experian, I had to give them this address when I joined recently. My car and licence were not registered to my current address so I wasn't on DVLA data base either. Can OBS egally check the council tax register? Thanks again Wish me luck Cheers
  13. Thanks again, Brassnecked, it feels like I am having to do a full defence now. I hope Eric'sbrother comes on and tells me how long the hearing will be, how long I get to talk, what I'm likely to be asked, to be asked by the judge and what he thinks I ought to focus on. I mean, do I speak and then the otherside say their bit and then I say my bit again? Wish I knew what was happening
  14. Dx100 Can you clear something up for me, as I think I am going to have to mention it tomorrow. Its about DCBL. Some have mentioned that DCBL cannot act as Bailiffes or add money to the debt, however they were instructeed, sent two letters and the cost of those added to the Claim. If this is not allowed, what is the reason legal jardon as a reason for a set aside? More importantly, someone suggested previously that DCBL could be acting as debt collectors now the CCJ has been given and is classed as outstanding. The letter they sent cost £88. If I win or lose tomorrow, do I still have to fork out the £88 to DCBL for one letter and if I don't pay the £88, will they send more letters increasing the price to daft levels just by sending letters? What's the legal side of debt collectors doing this? I need to know so I can possibly ask the judge to cancel that £88 and any further action regarding it. Cheers Thanks brassnecked.
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