OBS PCN CCJ/Judgement - set aside now rehearing

[honeybee13]

Your defence doesn't need to be very long, that's for later when you do a witness statement [WS].

 

Start by looking through the Successes forum on the parking forum, either OBS cases or court claims with similar circumstances to you. Post up what you plan to send and we can check it for you.

 

HB

[brassnecked]

Some of the stuff prepared earlier.  Pictures of signage at entrance and on site uploaded as PDF would help see what contract they aver they are offering that you or the driver breached.

[Dizzy blonde]

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

 

 

  

[honeybee13]

*Is my defence simply some basic points explaining why I beleive the Claim is invalid, without elaboration?

 

Yes. Your defence should be a few points to counter their POCs.

 

Here's a link to the Successes forum with cases where people have defeated the parking companies before or after court.

 

We recommend that people read other threads because if you do end up in court against OBS, we can't be there and you need to understand how it all works.

 

HB

[Dizzy blonde]

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. 

 

[dx100uk]

you wont be going into very much detail in the defence 

 

it will be the std 3 -5 line defence that you'll find in most PCN claimform threads here.

 

everything else will be for you witness statement IF they progress the claim that far.

 

 

 

[Dizzy blonde]

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.  

[dx100uk]

nope no photo's needed

 

you resit everything back to as if you'd just received the claimform:

 

your (their) POC is...

Particulars of Claim:

1.The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle ( ) at St Johns Retail Park

 

2. The PCN details are 20/08/2015,

 

3. The PCN(s) was issued on private land owned or managed by C.

The vehicle was parked in breach of the Terms on C's signs (the Contract), thus incurring the PCN(s) .

 

4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. 

 

5.Despite requests, the PCN(s) is outstanding.

 

6.The Contract entitles C to damages.

 

7.AND THE CLAIMANT CLAIMS

1. £160 being the total of the PCN(s) and damages.

2. Interest at a rate of 8% per annum,  pursuant to s.69 of the county Courts Act 1984 from the date hereof at a daily rate of £0.04 until judgment or sooner payment.

3. Costs and court fees

 

...................

 

so a quick search reveals this thread and its defence reply within it.

 

you will also notice the POC is the same as your

doesn't actually mention WHAT the defendant did that was wrong against contract terms.

 

 

 

[Dizzy blonde]

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?

 

[Dizzy blonde]

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. 

 

[dx100uk]

it will form part of your Witness statement if it gets that far.

 

 

[brassnecked]

In a WS when/if the time comes it would be stated that as a Civil Organisation it cannot impose a Fine only magistrates or Crown Court etc in a Criminal jurisdiction can impose a Fine

[Dizzy blonde]

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? 

 

[dx100uk]

chase dcbl

if they exceed the court deadline - you inform the court.

 

 

[Dizzy blonde]

Will do, thanks dx

 

[AndyOrch]

Quote

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? 

 

 

You have to chase it...the court cant do anything at this stage but as the claim proceeds and if their claim is dismissed or they succeed the court could award you a Costs Order. if they have not paid in the meantime. A final costs order is one made at a final hearing or trial and is intended to deal conclusively with who should be paying the costs.Costs are payable within 14 days of the order, unless stated otherwise.