DCBL letter of claim

brighton1998

Thats great to know, thank you for that

brighton1998

Received this last week. Issue date is 15/03 so service date is 20/03. I have completed the acknowledgement of service (AOS) so that gives me until 16/04 to write up a defence.

My defence is going to be based on their abuse of power (adding the £60 charge).

Does anyone have anything else that will be useful for me to include in the defence?

KeithP

brighton1998 said:

Received this last week. Issue date is 15/03 so service date is 20/03. I have completed the acknowledgement of service (AOS) so that gives me until 16/04 to write up a defence.

You probably have slightly longer than you think, and that depends on exactly when you filed an Acknowledgment of Service. For the moment I am going to assume you filed an AoS sometime after 19th March. Please confirm that.

With a Claim Issue Date of 15th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 19th April 2021 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Coupon-mad

My defence is going to be based on their abuse of power (adding the £60 charge).

Doomed to failure.  That is not only not a defence, but the local Judges won't be swayed by that. 

It was also never called 'abuse of power'...

That is not your defence.

brighton1998

KeithP said:

brighton1998 said:

Received this last week. Issue date is 15/03 so service date is 20/03. I have completed the acknowledgement of service (AOS) so that gives me until 16/04 to write up a defence.

You probably have slightly longer than you think, and that depends on exactly when you filed an Acknowledgment of Service. For the moment I am going to assume you filed an AoS sometime after 19th March. Please confirm that.

With a Claim Issue Date of 15th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 19th April 2021 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

I can confirm that the AOS was filed after 19th march.

brighton1998

Coupon-mad said:

My defence is going to be based on their abuse of power (adding the £60 charge).

Doomed to failure.  That is not only not a defence, but the local Judges won't be swayed by that. 

It was also never called 'abuse of power'...

That is not your defence.

I meant to say abuse of process. But anyway i'll read the newbies thread and come up with an actual defence.

Umkomaas

I meant to say abuse of process. But anyway i'll read the newbies thread and come up with an actual defence.

There's a template defence, no doubt linked via the NEWBIES FAQ sticky, but it's also a freestanding thread (one of the 5 'Announcements' listed at the top of the forum thread list). It's all but written for you there, all you need to do is edit paras 2 and 3 to describe you and the parking event - half hour job.

beamerguy

brighton1998 said:

Coupon-mad said:

My defence is going to be based on their abuse of power (adding the £60 charge).

Doomed to failure.  That is not only not a defence, but the local Judges won't be swayed by that. 

It was also never called 'abuse of power'...

That is not your defence.

I meant to say abuse of process. But anyway i'll read the newbies thread and come up with an actual defence.

Whilst the fake £60 is abuse of process, judges know that, there is a reason why it cannot be your main defence.
That being a legal appealed a judgment in Salisbury which the first case was struck out for abuse of process.  The judge then ruled that abuse of process was not the sole reason to strike out the case.  Since then,  and it has been very clear, that a judge will dismiss a case for many other reasons .... with abuse of process in mind.

This is probably because the courts don't want any more timewasting appeals

Get smart ... what is the £60 ?   Is it legal ? where is the legal authority to add the £60.
The legals have no answer, they have been asked many times but they avoid the question apart from spouting rubbish.  No answer from a legal must make their claim unreliable

The claim signed by Yasmin Mia is not true, even though she signed as a statement of truth
£160 for the PCN which includes damages ?  You will need a full explanation of what damages 
This is a very feeble attempt to go behind POFA2012 and the Beavis case and DCBL are turning this into a penalty

The signs are important and more and more cases are being dismissed because of poor signs

The £60 is 100% a fake ....... I am amazed that DCBL are stupid enough to call the fake £60 out as damages ..... that is also fake.  I am also amazed that a legal representative acting for DCBL has actually signed a statement of truth that is simply not true

You let the judge decide if this an abuse or process although he/she will not say as such

Coupon-mad

Whilst the fake £60 is abuse of process, judges know that, 

Except in Sussex...now...not as easy as it was.

Ralph-y

some links to check out ....

direct link to court section in newbies thread
.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

and  

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Ralph