Dcb legal - letter of claim

Le_Kirk

There's part of your defence right there.  Lack of clarity of the signage!  Have you now updated your V5C with DVLA?  This would be the reason why paperwork was sent to a previous address.

Coupon-mad

You have the 'good defence' template already, stop looking for something else. This is really easy to defend.

You CAN write para 3 facts yourself.  We can't.  You are the witness to the confusing signs, not us.  You have typed it for us so all you do it re-type these facts in the third person, not saying ''I'':

I didn’t receive the letters as they were sent to my old address.

parking charges were for Waterfields which is a retail park. As you drive in (Tesco) advertise 3 hour parking but apparently once you drive to the top of the car park it changes to 2 hours.

Confusing signs then and no chance to appeal because they used an old address.  These are your facts.

The rest of the template already deals with the false added costs.

they have also stated on my court claim form I offered to pay within 28 days but did not. This is not true.

Gaahh!  Yawn...(sorry...so fed up reading this like people think it means something).

Please don't focus on that, we get fed up with people picking on that perfectly normal sentence about why a driver is deemed to have agreed, by parking.

KeithP

mummytobe3 said:

they have also stated on my court claim form I offered to pay within 28 days but did not. This is not true.  

Yes it is true.

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

mummytobe3

Le_Kirk said:

There's part of your defence right there.  Lack of clarity of the signage!  Have you now updated your V5C with DVLA?  This would be the reason why paperwork was sent to a previous address.

Yes I have updated my V5C with DVLA as DCB legal has written to me at my current address. 

mummytobe3

KeithP said:

mummytobe3 said:

they have also stated on my court claim form I offered to pay within 28 days but did not. This is not true.  

Yes it is true.

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

Oh I see. This makes sense now! The whole write up on the claim form is poorly written.

beamerguy

mummytobe3 said:

KeithP said:

mummytobe3 said:

they have also stated on my court claim form I offered to pay within 28 days but did not. This is not true.  

Yes it is true.

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

Oh I see. This makes sense now! The whole write up on the claim form is poorly written.

But that depends if anyone can see them.  Most if not all are in small print which means a judge would need a magnifier to read them.
Totally impossible when driving

mummytobe3

So after submitting my defence dcb legal have come back stating the following:

do I go back directly to them and give the information? But as it was over 5 years ago I can’t say if it was me or my husband driving at the time.

D_P_Dance

1,  millions as long as they have an appropriate licence and your permission

2..  they have no right to this information

3.  How could you possibly know that if you were not in or close to the car

If /when you reply send a copy to the court.

Umkomaas

So why do you think they are asking these questions?  Is it because they know their client did not comply with the requirements of PoFA and unless they know who the driver was, their case is pretty well shot?  Ignore the letter, or reply telling them to ask their client as they seem to think they have a case against the driver, it is for them to prove who the driver was, not for you as the registered keeper of the vehicle. 

Fruitcake

D_P_Dance said:

1,  millions as long as they have an appropriate licence and your permission

2..  they have no right to this information

3.  How could you possibly know that if you were not in or close to the car

If /when you reply send a copy to the court.

Excellent reply Sir.

Alternatively,

1. Everyone in the world over the age of seventeen who has a full driving licence and insurance to drive a car with either the owner or keeper's permission.

2. Several. As for the circumstances why, why don't you ask them yourself?

3. Surely you already have this on file, otherwise you would not be able to pursue a claim against the driver.