Paintbrush vs DCB Legal - Writing Defence

Paintbrush123

Hi All,

Firstly, thanks to all those who have contributed to all the threads, Newbies posts etc. which has eased my mind somewhat about this situation although sounds like I am still someway off being close to the finish line!

So, my story:

·         Early 2015, issued a PCN

·         2015 – 2020 countless chases, threats etc. which I never acknowledged or responded to

·         Early 2021 received through what looked to me like a dodgy N1 but sadly I phoned the CCBC and its legit courtesy of the what appears to be very well known DCB Legal Ltd.

·         As mentioned, I have read the “Newbies thread” and I have now completed and submitted my “AOS” which has been acknowledged and in the process of writing my Defence. Please note that my day of service is 10th February, so I think I have up until 10th March to plan my defence?

·         I have letters which photographs my car entering and exiting the car park with time stamps. As mentioned, I never responded to any letters including the LBC. On the N1 claim form they have stated “damages” which now stand more than £300 including court fee and legal fees. The car park in question houses several shops and my entrance was pretty much when they close – should I mention anything like this in my defence below or does that incriminate myself?

 

Apologies in advance I am not used to the official language so any pointers / corrections or things to add (or remove) around what I have written below would be gratefully appreciated. Am I giving away some of my expected “evidence” in the below?

 

“2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question, but liability is denied. I struggle to understand the incredibly high “damages” that are claimed to have been caused by my vehicle’s presence.

 

3. Having parked at “Specified Car Park” many times I am shocked. I was unaware of any contract I had entered, any ANPR camera on site and still to this day any signage which suggests there is a charge should you stay over the allocated time – to which, I am still unaware of? Although I do not recall my exact reasoning for entrance (or exit) on “specified date back in 2015”, as previously mentioned from previously parking in this car park very often I know that on arrival you enter from a small busy roundabout onto a narrow single carriage way placed on a steep ramp which bends to the right hand side. As you climb the ramp you are faced with some bollards placed in the middle of the road as you approach the top of the hill, you then have to do a 90 degree left turn whilst paying attention to the hidden zebra crossing. Never once have I recalled seeing a sign of any kind on the way up, entry to or within the car park. There are no pay and display barriers or signage either.”

 

Thank you all in advance!

nosferatu1001

No, we need to know the date of issue of the claim form
The days you have to submit the defence are calculated frmo the date of issue. The date you file the AOS has nothing to do with the total time, except to potentially reduce it (as they allow 5 days for service, if you file 3 days from date of issue you get only those 3 days) 

Paintbrush123

Date of Issue was 5th February 2021

Le_Kirk

Defences are always written in the first person so rather than "I" you use "the defendant"  Also that looks more like a witness statement than a defence.  Are you using the template defence from the front page of the forum?  If so, look at the rest of it and see that it is written as a series of legal/technical arguments.  Save the narrative (the story of the day) for your witness statement.  Check out some other defences on the forum and see how they are constructed.

Redx

When a driver enters private land they enter into an implied parking contract until they depart , so entrance to exit , time on site

This isn't like a written mobile phone contract that you sign on paper , but it is and was a contract , they claim you breached it

2 should be about keeper , driver or both , nothing else , as the defendant , so no My Me Myself & I in any of the paragraphs

3 is a concise story to set the scene , so like setting up a stage , not about the performance which comes later at the witness statement plus exhibits plus the summary costs assessment stage , in several months time

And remember , no My Me Myself & I

If the issue date was the 5th , what date was the AOS done ? Ideally it would have been tomorrow or later this week

Name the parking company , they initiated the court claim , dcb legal are the poodles doing the legal work for them

Umkomaas

Date of the parking event?  

(important as you might be outside the 6 year Limitations Act time point)

Which Parking firm? 

Paintbrush123

Unfortunately the parking event was March 2015 so I am 1 month short of the 6 years!
The parking company is Highview Parking.
I filled out the AOS on the 8th February and it was acknowledged today (9th February)
3 is a concise story to set the scene , so like setting up a stage - I have no idea what I was doing on that day. I will review back some other defences and see if I can grasp the concept more. 
Many thanks for all your responses / feedback!

blackdog2220

YES the date of the offence please 

however they have started court action , so its a case of continuing with statements or telling them they are to late to issue claim 
Date of the parking event?  

Umkomaas

Have you contacted the landowner and inform them of this crazy situation whereby their agent (for whom they have vicarious liability for their actions) is issuing huge numbers of court claims from 6 years ago. Ask them to get involved now to get it cancelled, because when this does come to a hearing, you will be asking for them to then be involved, leave that a bit vague, because the practicality is unlikely, but they needn't know, you just want to use every bit of ammo available to you to get this cancelled beforehand. 

Redx

Email a SAR to group Nexus to their DPO to obtain all your data

Paintbrush123

Thank you Umkomaas - I presume the landowner is the name of the retail park who employ Highview Parking?