DCBL claim, draft defence- please help!

hiphopdan29

Hi all 

First time here, please can someone look at my defence and correct if necessary. 

Following the template and only amending points 2 and 3, please see below my defence. 

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the driver of the hired vehicle in question but liability is denied. 

 

3.  The defendant avers that there is no liability as there was no contractual breach. The contract was frustrated as a direct result of poor signage at the entrance of the private road and along the road. The defendant entered the private road without knowledge this was private land. There was no signage at the entrance of the private road, no street lighting and signage on the walls further down the road were obscured by hedging. The defendant’s purpose of being there in the first place was because of a pre-booked Rental Apartment booking and as this is the first time visiting the area, the defendant had to rely on satellite navigation which directed the defendant down the private road. The defendant assumed that this was the final destination and the time  recorded by the claimant’s devices spent here was trying to locate the address which was extremely difficult to find with it being nightfall and very little street lighting. 

(Images removed by Forum Team)

Redx

You should take that picture down asap. , It has your VRM details and MCOL login password showing

Redact again and repost

Contact Soolin or Savvy to get it removed , by pm !!

PAS is the PPC , date of issue is 15 July

It's not dcbl , it's dcb legal !!

Spurious charges are £77.38 from what I can see , probably £60 or £70 , plus interest

It seems that Yasmin still has her faulty calculator. !!

hiphopdan29

Oops. Sorry how to contact?

hiphopdan29

How do I contact them?  Sorry complete newbie here

Redx

hiphopdan29 said:

Oops. Sorry how to contact?

Click on their name and send a pm , private message !!

Read the forum guides , including contacting a board guide

Le_Kirk

Contact @Soolin or @Savvy to get it removed , by pm !!  Click on the name and it will take you their profile from where you can see a MESSAGE box.

KeithP

With a Claim Issue Date of 15th July, you have until Tuesday 3rd August to file an Acknowledgment of Service. Do not file an AoS before 20th July, but otherwise 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 Tuesday 17th August 2021 to file your Defence.

That's over 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 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.

soolin

I am sorry but we BGs are no longer allowed to make any edits to posts at all, OP will need to contact the forum team and ask them to do it. 

hiphopdan29

Updated pictures. Please advise whether my defence is suitable. 

Thanks

Coupon-mad

2.       It is admitted that the Defendant was the driver and hirer of the of the hired vehicle in question but liability is denied. 

 

3. The defendant avers firstly, that there is no liability as there was no contractual breach and in any case, the clause requiring a vehicle to gain authorisation was void for impossibility. The alleged contract was frustrated neither seen nor agreed due to very as a direct result of poor and unlit signage at the entrance of the private road and along the road.  This was not a car park and the area was pitch black, with no terms seen about 'authorised vehicles' nor how a driver could obtain such authorisation, had the Defendant even caught a glimpse of such a term or notice, which is denied. The defendant entered the private road without knowledge this was private land; this area had the appearance of a continuation of public highway where no contractual terms are possible and where local parking restrictions had ended.  There was no signage at the entrance of the private road, no street lighting and signage on the walls further down the road were obscured by hedging. The defendant’s purpose of being there in the first place was because of a pre-booked Rental Apartment booking and as this is the first time visiting the area, the defendant had to rely on satellite navigation which directed the defendant down the private road. The defendant assumed that this was the final destination and the time  recorded by the claimant’s devices spent here was trying to locate the address which was extremely difficult to find with it being nightfall and very little street lighting.   The alleged consumer contract fails the requirements in the Consumer Rights Act 2015 for prominence and transparency, and thus, these consumer notices (as well as the hidden terms) would be deemed unfair and unenforceable pursuant to that legislation, which was not enacted at the time of the hearing of the Supreme Court 'Beavis' case that the Claimant will rely upon.

4.  Further and in the alternative, there was a lack of the required 'relevant obligation or relevant contract' as set out under statute in the Protection of Freedoms Act 2012 (ref: Schedule 4) along with an absence of 'adequate notice of the parking charge' which are all pre-requisites for driver liability being established first and foremost.  The Claimant also failed to comply with paragraph 14 of Schedule 4 regarding the paperwork that had to be served in order to transfer liability from the registered keeper to the hirer, so there was also no question of lawful 'hirer liability'.

hiphopdan29

Thank you Coupon-mad. 

I will amend and repost. 

Thanks