Parked in a permit area without displaying a permit

[b789]

@Natedog, if this actually gets as far as a hearing, I will eat my hat.

Did you note the important part of the order:

Additional Directions in a contractual claim for breach of parking terms. The evidence which the Claimant must file at court and send to the Defendant must include:

  a. A copy of any written terms of the contract between the parties;
  b. A copy of the agreement by which the Claimant is authorised by the landowner to conduct parking operations on the land in question, redacted as necessary;
  c. Details of the location where the contract was made;
  d. If photographic evidence is relied upon, each image must be clear, in colour and A4 size;
  e. Detailed allegations of any breach of contract relied upon by the Claimant; and
  f. An explanation of how the amount of the alleged debt is calculated under the agreement.

That is a very useful order. The judge has not struck the claim out at this stage, but has effectively forced UKPC/DCB Legal to move beyond their usual vague template Particulars of Claim and actually prove the contractual claim they have brought.

That means they now have to provide the contractual terms relied upon, the landowner authority, the location where the alleged contract was supposedly formed, proper photographic evidence, detailed allegations of the alleged breach, and a proper explanation of how they say the claimed sum is calculated.

That matters because the defence I gave you already put them to task on the defective Particulars of Claim and their failure to plead the claim properly under CPR 16.4. The court has now given them the opportunity to fill in the gaps with evidence. Whether they can actually do so is another matter entirely.

Given this is a DCB Legal/UKPC claim, my expectation remains that they will discontinue before they have to pay the trial fee. Do not be surprised if they send an N279 Notice of Discontinuance on or before 11 May.

You may also receive a “without prejudice” settlement offer (letter/text/call) for a reduced or nominal amount. Do not treat that as generosity. It is the sign that they know the claim is weak and are trying to extract something before abandoning it.

For now, do not pay them, do not negotiate, and do not be intimidated by any last-minute nonsense. Keep everything they send, check whether they comply with the order, and be ready to deal with their evidence if they are stupid enough to continue.