Urgent help needed - County Court Claim - First Parking / DCB Legal

edited 14 March at 11:43PM in Parking Tickets, Fines & Parking
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AlwaysTrying23AlwaysTrying23 Forumite
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Hi all,

First of all thanks in advance for any support, this community is amazing!! 

Background, I have a PCN issued on 09/12/19 from First Parking for £60, stating the car was parked without displaying a valid permit in a permit holder only carpark. My car was parked in a University Car Park.

I was living between three addresses at the time (first 4 letters going to address 1 which was my nan and late Grandad’s house), letters 5 and 6 going to address 2, then next letters will be sent to address 3.  I have only recently learnt of these letters so I’m getting involved pretty late in the game. 

After the first PCN, I have a letter from National Debt Collections on 14/01/20, stating the amount now due is £130. 

Then a Notice of intended legal action from National Debt Collectors on 03/02/20 for £130. 

Then a Notice of Debt Recovery from DCBL on 25/02/20 requesting £60 PCN + £60 admin and recovery fee so £120. 

Then a letter of claim from DCBL on 07/01/21 for £120. 

Finally a claim form was issued from DCBL on 09/02/21 for £132.07 claimed amount + £25 court fee + £50 legal representatives costs so total being £207.07. Court address is County Court Business centre Northampton. It goes on to state the defendant (driver) agreed to pay within 28 days but did not. Nothing was agreed. It also states defendant is liable as the driver OR keeper. 

It goes on to say I should respond to this claim within 14 days, which would be 23/02/21. If I disagree or wish to make a counter claim, I must send acknowledgement is service or a defence form to the court within 14 days  of the date of service. If I send acknowledgement of service, I must send a defence to the court no later than 28 days from the date of service. 

I’m sorry that it is a lot of information. I’ve read the newbie thread and looks like I need to request a SAR and look at the defence template. 

I’m mindful I may only have until Tuesday to acknowledge the service so not much time at all!!! 

I contacted the uni who said it was too late for them to get involved as it has now been passed onto debt collection. GRRRRR!! 

HELP! I don’t really know where to go from here and I don’t normally get involved in these online forums so hope I’m doing in the correct way.  

Thanks in advance beautiful people !! 

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Replies

  • Le_KirkLe_Kirk Forumite
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    Finally a claim form was issued from DCBL on 09/02/21 

    Is this the date of issue?  If so @KeithP will be along to give you some guidance on deadlines.  Meantime, read an announcement called NEWBIE sticky please read this first.  In there in the second post of that thread you will find a link to "how to submit a AoS" and a link to a template defence, although the defence is also an announcement on the first page of the forum.

  • KeithPKeithP Forumite
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    Finally a claim form was issued from DCBL on 09/02/21. Court address is County Court Business centre Northampton.

    It goes on to say I should respond to this claim within 14 days, which would be 23/02/21. If I disagree or wish to make a counter claim, I must send acknowledgement is service or a defence form to the court within 14 days  of the date of service. If I send acknowledgement of service, I must send a defence to the court no later than 28 days from the date of service. 

    I’m mindful I may only have until Tuesday to acknowledge the service so not much time at all!!! 


    You have more time than you think.

    With a Claim Issue Date of 9th February, you have until Monday 1st March to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 
    To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

    Having filed an AoS, you have until 4pm on Monday 15th March 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.
    Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.
  • edited 19 February at 6:06PM
    RedxRedx Forumite
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    edited 19 February at 6:06PM
    The driver of the vehicle definitely agreed to the parking rules by parking there , no question about it , an implied contract to park , or its trespass , one or the other , so no point in saying they didn't agree , not when the vehicle was parked on the site by the driver on that day ( it wasn't parachuted in !! )

    Either a valid permit was displayed , or it wasn't !! Only those 2 possibilities exist , so decide which it is

    If the issue date was the 9th Feb , you have 19 days from then to do the AOS , no need to wait until the end of the month however , so do it online today or this weekend

    Email a SAR to First Parking asap , with a copy of the claim form

    Then start drafting your Defence using the coupon mad template , adapting paragraphs 2 and 3 and post them paragraphs only , below , for critique
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • KeithPKeithP Forumite
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     It goes on to state the defendant (driver) agreed to pay within 28 days but did not. Nothing was agreed.

    I'm sorry to say that you are mistaken there.
    They are alleging that by parking the driver agreed to the terms of the contract - i.e. the signs.
    The signs will almost certainly say something like "if the driver doesn't stick to the rules then he agrees to pay £nn within 28 days...", or words to that effect.
  • AlwaysTrying23AlwaysTrying23 Forumite
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    Le_Kirk said:
    Finally a claim form was issued from DCBL on 09/02/21 

    Is this the date of issue?  If so @KeithP will be along to give you some guidance on deadlines.  Meantime, read an announcement called NEWBIE sticky please read this first.  In there in the second post of that thread you will find a link to "how to submit a AoS" and a link to a template defence, although the defence is also an announcement on the first page of the forum.

    Correct this is the date of issue. 
  • Le_KirkLe_Kirk Forumite
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    In which case @KeithP has already posted the advice for you three posts up-forum
  • AlwaysTrying23AlwaysTrying23 Forumite
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    10 Posts Name Dropper
    Le_Kirk said:
    Finally a claim form was issued from DCBL on 09/02/21 

    Is this the date of issue?  If so @KeithP will be along to give you some guidance on deadlines.  Meantime, read an announcement called NEWBIE sticky please read this first.  In there in the second post of that thread you will find a link to "how to submit a AoS" and a link to a template defence, although the defence is also an announcement on the first page of the forum.

    Correct this is the date of issue. 
    actually I have a ‘letter of claim’ dated 08/01/21 which is a formal letter of claim!  Following that, there is then the claim form dated 09/02/21. This is where is states I need to send my AoS within 14 days. 
  • edited 19 February at 6:15PM
    KeithPKeithP Forumite
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    edited 19 February at 6:15PM
    Le_Kirk said:
    Finally a claim form was issued from DCBL on 09/02/21 

    Is this the date of issue?  If so @KeithP will be along to give you some guidance on deadlines.  Meantime, read an announcement called NEWBIE sticky please read this first.  In there in the second post of that thread you will find a link to "how to submit a AoS" and a link to a template defence, although the defence is also an announcement on the first page of the forum.

    Correct this is the date of issue. 
    ...there is then the claim form dated 09/02/21. This is where is states I need to send my AoS within 14 days. 

    But the back of your Claim Form tells you:


    So within nineteen days of the Issue Date.

  • AlwaysTrying23AlwaysTrying23 Forumite
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    Thank you all. Yes I understand the agreement now. I will request the SAR, send the AoS and will look into creating a defence from the mad template and adapt paragraphs 2 and 3 ahead to be scrutinised. Thank you! 
  • Coupon-madCoupon-mad Forumite
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    ''the mad template'' - I like that! 

    I have had a bit of a mad day...
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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