Claim form received, First Parking LLP/DCB Legal (CASE 1)

nankai8

Hi, first time posting after reading newbie threads, faq's and a ton of others.

I have received a claim form Issue date 23 OCT 2020 for two separate PCN,s (same location). I have just completed my Acknowledgement of service and am setting about drafting my defence.

The particulars of the claims are as follows;
1. The defendant is indebted to the claimant for a parking charge issued to vehicle xxxxx at xxxxx
2.The PCN details are xx/02/2019 pcn number, date (about a month before, thought two dates may be specific for unwanted readers) pcn number. 3.the PCN(s) was issued on private land owned or managed by C.the vehicle was parked in breach of the Terms on Cs signs (the contract), thus incurring the PCN(s) 4. the driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The contract entitles C to damages. AND THE CLAIMANT CLAIMS. 1. £240 being the total of the PCN(S) and dmages. 2.Interest rate of 8% per annum pursuant to s.69 of the county courts act 1984 from the date hereof at a daily rate of £0.05 until judgement or sooner payment. 3 Costs and court fees.

A few questions if I may..
On point 4 they state that I agreed to pay within 28 days but I threw away all correspondence and certainly didn't contact them or agree to pay, is this something that they often do and would it be advisable to mention this in my defence?

Should I request an SAR from them as I do not know what evidence they have or do I rely on points from the template along side case specifics ?

I haven't found any threads (forum search not working) specifically talking about permit holders only although I'm sure there are many cases? 

Thanks In advance for any help offered 

Coupon-mad

On point 4 they state that I agreed to pay within 28 days but I threw away all correspondence and certainly didn't contact them or agree to pay, is this something that they often do and would it be advisable to mention this in my defence?

No; I no idea why people think this is a thing.  All they mean is the driver was deemed to have agreed, by parking where signs are.

Should I request an SAR from them as I do not know what evidence they have or do I rely on points from the template along side case specifics?  

Obviously yes.  Parking firm not DCBLegal or whoever.

I haven't found any threads (forum search not working) specifically talking about permit holders only although I'm sure there are many cases? 

Loads but you'd just need to read some cases that come up when you search for the wins, with the search term 'ANOTHER ONE BITES THE DUST'.

Le_Kirk

Is this a "residential permit" situation?  You should submit a SAR so that you know what you are dealing with.  Do not throw away any more correspondence!  The results of the SAR will be more use to you at witness statement stage.  Don't forget to include a scan of your V5C with the SAR email.  No driving licence or passport required!  If the search is not fixed soon, use the NEWBIE sticky as there are some "own space" case examples in the second post.

nankai8

Permit holders only on a university campus . Thanks makes sense I will submit one asap. Thanks for the v5 and NEWBIE sticky advice. 

nankai8

Thanks for clarifying my points and search advice coupon-mad 

KeithP

nankai8 said:

I have received a claim form Issue date 23 OCT 2020 for two separate PCN,s (same location). I have just completed my Acknowledgement of service and am setting about drafting my defence.

With a Claim Issue Date of 23rd October, and having filed an Acknowledgment of Service on 27th October, you have until 4pm on Tuesday 24th November 2020 to file your Defence.

That's four 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.

beamerguy

DCBL uses terminology that is mainly meaningless, think it comes from that stupid soap on TV .. "Can't pay"

WHAT DAMAGES ???   You did not damage anything
If their claim is valid, then it's a charge for so called breaking the rules of the signs ?  Have you got pictures of the signs ?
INTEREST ?   Check the interest rates currently,  Interest hardly exists now and the majority of judges will not allow it.   8% nowadays is cloud dreaming stuff and the judges know that.

Is their claim valid ?  DCBL will have added a fake amount. what did they add ?.  Whatever fake they added, they have to prove that and the reason ...... to say it's for damages would be stupid.
You can see what happens to fake claims from dodgy legals here ......

https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

DCBL are not the smartest page in the book

nankai8

signs attached
1- inside car park
2-at entrance 

Amount claimed £270 give or take a few quid (thought best not to be specific)
Court fee £25
Legal costs 50
So looks like they've added the dodgy £60 onto each and then £30 odd interest 

Umkomaas

If the notice states a PCN of £60, reduced to £30, how has £270 been arrived at for 2 PCNs if they've also added 2x£60 and £25 court fee and £50 legal fee and £30 interest?

I make that £345.

nankai8

Sorry to be clear..£270 is the Amount claimed before the fees and cost added on, £345 total as you said 

nankai8

Amount claimed - £270 (Approx,didn't want to specific)
Court Fee - £25
Legal representative's costs - £50.00
Total - £345