Civil National Business Center Court Claim ?? From Parking Charge 2 years ago

[gewag]

We had a Parking Charge that we disputed 2 years ago, Now they are trying again with court , The charges are that we parked on a double yellow lines in a private road, there was and is (the parking restrictions have now gone) No signage apart from one around the back of the car park where you used to get 45 minutes free parking but where the car stopped to drop someone off The time is from N/A to 18:28 (so no time ??) was on double yellows with no signage on the walls or to the entrance to the private road see pictures, now my understanding is they are only enforced if the signage states that double yellows are in breach of contract, But as there was no signage then this cant be enforced. So how do I word this to court letter Online ?? Kind Regards Steve I have posted pictures to explain more!

[gewag]

MY Defense ?? Any amendments advise please!!

1. Statement of Facts: "I dispute this parking charge on the following grounds:

• The alleged contravention occurred on private land
• The location had double yellow lines but no accompanying signage explaining their enforcement
• The only relevant signage was located at the back of the car park, not visible from the alleged contravention location
• The charge notice states no start time ('N/A to 18:28'), making the duration of the alleged contravention unclear"

1. Legal Position: "For a parking charge to be enforceable on private land:

• Clear signage must be present forming a contract between the driver and the parking operator
• Terms and conditions of parking must be clearly displayed at the entrance and throughout the relevant area
• Any restrictions (including double yellow lines) must be explicitly explained via signage to form part of the contract

Without proper signage, no contract was formed and therefore no breach could occur."

1. My Defense: "I contend that:

• The lack of visible signage explaining the double yellow line restrictions means no valid contract was formed
• The parking operator failed to establish clear terms and conditions at the location of the alleged contravention
• The absence of a start time on the charge makes the alleged contravention period indefinite and therefore invalid"

1. Request: "Given these facts, I request that this claim be dismissed as the parking operator has failed to demonstrate:

• The existence of a valid contract through proper signage
• Clear terms and conditions at the location
• A definitive period of alleged contravention"

[des8]

I would not use that as a defence on its own.
you have to dispute what is on the claim form, item by item.

I would recommend you firstly acknowledge the claim (if not already done), but not yet enter a defence.
Then send a CPR31.14 request to DCBL and a SAR to Capital car park Control (templates in SHORTCUTS panel on right of this page. They will need amending as drafted for consumer credit claims)

Whilst waiting for their responses we can help draft a defence (which can be amended if necessary when replies are to hand)

[gewag]

I would not use that as a defence on its own.
you have to dispute what is on the claim form, item by item.

I would recommend you firstly acknowledge the claim (if not already done), but not yet enter a defence.
Then send a CPR31.14 request to DCBL and a SAR to Capital car park Control (templates in SHORTCUTS panel on right of this page. They will need amending as drafted for consumer credit claims)

Whilst waiting for their responses we can help draft a defence (which can be amended if necessary when replies are to hand)

One other thing is the land was adjacent to a Turkish restaurant and I believe that the owner put up parking restrictions but don't believe he owned the land, what would be the best course to find out who actually owned the land ?.
Plus the restaurant was sold in 2023 and the parking restrictions where then taken down, so to date there is no restrictive parking regulations.
Kind Regards

[gewag]

I would not use that as a defence on its own.
you have to dispute what is on the claim form, item by item.

I would recommend you firstly acknowledge the claim (if not already done), but not yet enter a defence.
Then send a CPR31.14 request to DCBL and a SAR to Capital car park Control (templates in SHORTCUTS panel on right of this page. They will need amending as drafted for consumer credit claims)

Whilst waiting for their responses we can help draft a defence (which can be amended if necessary when replies are to hand)

Thank you Letters written will wait for reply's

[gewag]

Update so far.

"Good afternoon,

I write further to your recent contact with DCBL, in relation to your formal request for a Subject Access Request (SAR).

Please accept this email as acknowledgment of your request.

This will be processed as per statutory requirement.


Kind Regards,

Kevin Schofield
Complaints & Compliance Associate
DCB Legal Ltd "

[des8]

Did you send a CPR31.14 request to DCBL, and a SAR to Capital Car Parks?

If so it is odd that DCBL are responding to a SAR and not a CPR31.14 request (but that it is illustrative of how slipshod these solicitors are!)

You could write to them and point out that you expect a solicitor to know the difference between a SAR and CPR31.14 request.(but only if they have got it wrong!!)

[gewag]

On the Claim For it said ALL correspondents to be sent to DCBL, But no response to CPR31.14 as yet will keep you posted

[gewag]

We had a Parking Charge that we disputed 2 years ago, Now they are trying again with court , The charges are that we parked on a double yellow lines in a private road, there was and is (the parking restrictions have now gone) No signage apart from one around the back of the car park where you used to get 45 minutes free parking but where the car stopped to drop someone off The time is from N/A to 18:28 (so no time ??) was on double yellows with no signage on the walls or to the entrance to the private road see pictures, now my understanding is they are only enforced if the signage states that double yellows are in breach of contract, But as there was no signage then this cant be enforced. So how do I word this to court letter Online ?? Kind Regards Steve I have posted pictures to explain more!

UPDATE: going through some old emails I found 5 Photos sent from the parking company, Times 18:26:14 / 18:26:18 / 18:26:55 /18:27:22 / 18:28:24 car engine was still running the driver was dropping someone off so car was not parked, and was stationary for 104 seconds !! ?

[des8]

So still no response from DCBL?, and have you sent a SAR to the parking company?
We need to know what they are going to use as evidence.

Assuming you sent acknowledgement of claim you have until Nov 22 to file a defence so no panic yet!

[gewag]

So still no response from DCBL?, and have you sent a SAR to the parking company?
We need to know what they are going to use as evidence.

Assuming you sent acknowledgement of claim you have until Nov 22 to file a defence so no panic yet!

Afternoon No response as yet.

[gewag]

Afternoon No response as yet.

13/11/2024

Good Morning Update: So I have had no reply from DCBL for either request CPR31.14 and SAR , But an email was sent by DCB Legal Ltd on November 7th 2024 Requesting Payment, I replied noting that DCB are pursuing a court claim with reference details etc., I think its time to prepare a defence can anyone kindly help with this ? Kind Regards Steve

Email sent to me :

"" Dear ............,

I am writing in response to your recent correspondence dated 28/10/2024.

I respond as follows.

I acknowledge that you have requested evidence, and I have included the evidence within the email.

When parking on private land, the contractual terms of the site are set out on the signs. You are entering a contract and agreeing to the terms by parking and staying on the site. Parking in breach of the terms as stipulated on the signage means that you are then breaking the terms of the contract.

The parking charge notice was issued as the vehicle was parked on yellow lines as demonstrated in the photographic evidence and DCB Legal have been instructed as all previous attempts to resolve the matter have been unsuccessful.



Payment can be made via bank transfer to our designated client account: -

Account Name: DCB Legal Ltd Client Account

Sort Code: 20-24-09

Account Number: 60964441

You must quote the correct case reference (117101.1602D) when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred.""

[des8]

That's nice of them
I'll draft up a basic defence for you in next day or so