UKPC/DCBLegal windscreen PCN Claimform - ignored everything - not parked within lines - Crown Point Shopping Park, junction Street, leeds, ls10 1et

[AndyOrch]

 

[royalblue1878]

So, no to mediation, yes to small claims track, choose a court and let them know dates we are unable to attend.

 

Does this mean it will end up at a hearing? How easy would this be to defend in front of a judge for a young girl with no experience and limited confidence?

I would be willing to speak for her if this was possible, maybe as a witness? But again how to defend?

The costs of losing would have to be considered as neither of us have much in the way of funds.

Many thanks.

[dx100uk]

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit - her

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

RB its small claims, the cost does not increase from whats already on the claimform...get reading up!! 1000's of like PCN claimform threads here.

yes poss eventually she will in court, but you can help her.

the can be dealt with at ws exchange stage later on

[brassnecked]

Yes never On The papers without a hearing its almost a guaranteed win for fleecers as they can lie with impunity and no challenge possible.

[FTMDave]

On 16/06/2023 at 17:50, royalblue1878 said:

How easy would this be to defend in front of a judge for a young girl with no experience and limited confidence?

We've all been in that position.

Time for her to start following her own case and start preparing.

[royalblue1878]

I have sent the 180 back. Will they add an update to the Mcol site that they have recieved it as they haven't yet? 

Thanks. 

 

[AndyOrch]

Claim will now be transferred to your local county court MCOL finished.

 

 

.

[royalblue1878]

Hi All,

A notice of transfer of proceedings arrived last Friday which was dated 4th August (sent 2nd class I guess!)

Nothing more from the court/Judge as yet.

I have searched the forum for similar cases featuring not parked withing the lines which made it to court but have found nothing suitable.

Is there any advice or a thread I haven't found yet which can help when stating our case in court?

Many thanks.

 

 

Edited August 29, 2023 by royalblue1878
sent too early

[FTMDave]

Well done on wanting to prepare well in advance.

Your case is atypical, I can't remember a specific thread to guide you towards - but also every case is different.

You need to expand on the legal arguments explained in posts 59 & 61.

There should be something in the fleecers' trade association's Code of Practice about not entrapping motorists if you look it up.

[Nicky Boy]

BPA Code of practice:

9.5 You must not use predatory or misleading tactics to lure drivers into incurring parking charges. Such instances will be viewed as a serious and sanctionable instance of non-compliance and may go to the Professional Conduct Panel.

[Nicky Boy]

Just had a look back through the thread and only seen 1 photo and there is no "period of parking" stipulated on any of their rubbish paperwork.

 

BPA Code of practice:

13 Consideration and Grace Periods

13.1 The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes.

 

"Parking fully within a marked bay" may have been one of the aforementioned "terms and conditions".

Soooo, the driver quite possibly left the car park within the 5 minutes "consideration period", did they? Your daughter, the keeper, probably won't know. (She may not have been driving the car.)

The fleecers have to prove that the driver stayed more than 5 minutes, so were there any more (time stamped) pics?

Only asking because in post 58 you said... "images taken by attendant" (plural).

[royalblue1878]

Nicky Boy - There were 7 images taken between 10:18:30 and 10:19:08

[FTMDave]

So well within the 5-minute grace period.

[Nicky Boy]

In Dave's words... Ho Ho!

Hope you're taking notes for your WS...