Hi All
On 9 June 2016 I had a mediation in line with the court process and looks as this will be going to court as the DCA want their money.
Around Dec 2015 I parked on basically what is private land forming part of the public road next to a building and to all intents and purposes the land does not look like a carpark but merely and extension to a road in a cul de sac. The building has signs placed on it and I got a fixed charge notice which I ignored.
I later received a letter from the parking enforcement company that they had sold the debt (now £160) to the DCA. The DCA then sent me a letter befor action which I responded to and also requested CPR 18 disclosure of further information. This was not provided but I did receive a claim form from the county business ctr at Northampton which I acknowledged and promptly filed my defence and CPR31.14 which again was ignored and no proof was provided.
Today I was told by the mediator that they will rely on the Beavis case to get a CCJ.
My question is - I was under the impression that a DCA cannot issue court proceedings for alleged parking infringements on private land so why is this going further? I clearly asked for how assignment was served and put them to strict proof on other particulars of claim so i am now wondering if this is worth my while as i understand the judge deciding on the Beavis case had little knowledge of parking legislation and went ahead regardless setting a precedent for other claimants to follow.
What are my options now as I am waiting for a hearing date and feel there is nothing further to do until then?
Regards
On 9 June 2016 I had a mediation in line with the court process and looks as this will be going to court as the DCA want their money.
Around Dec 2015 I parked on basically what is private land forming part of the public road next to a building and to all intents and purposes the land does not look like a carpark but merely and extension to a road in a cul de sac. The building has signs placed on it and I got a fixed charge notice which I ignored.
I later received a letter from the parking enforcement company that they had sold the debt (now £160) to the DCA. The DCA then sent me a letter befor action which I responded to and also requested CPR 18 disclosure of further information. This was not provided but I did receive a claim form from the county business ctr at Northampton which I acknowledged and promptly filed my defence and CPR31.14 which again was ignored and no proof was provided.
Today I was told by the mediator that they will rely on the Beavis case to get a CCJ.
My question is - I was under the impression that a DCA cannot issue court proceedings for alleged parking infringements on private land so why is this going further? I clearly asked for how assignment was served and put them to strict proof on other particulars of claim so i am now wondering if this is worth my while as i understand the judge deciding on the Beavis case had little knowledge of parking legislation and went ahead regardless setting a precedent for other claimants to follow.
What are my options now as I am waiting for a hearing date and feel there is nothing further to do until then?
Regards
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