Worried and need some guidance...

patient_dream

cameron93 said:

KeithP said:

cameron93 said:

The issue date on the N1 form is 16th August.

With a Claim Issue Date of 16th August, you have until Monday 6th September to file an Acknowledgment of Service. Do not file an AoS before 21st August, 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 Monday 20th September 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.

Thanks for clarifying those dates. I intend to follow the rest of the newbies thread as you've mentioned. What's the level of risk here - is it possible I could end up paying up more than the sum on the form?

What the claim form says and what you end up paying are two different things and that assumes you will lose ?   DCBL have added fake amounts which most judges will knock off 

That does not mean DCBL will win, far from it as parking companies and their legals play Russian Roulette with the courts
DCBL letters ... forum group thread
https://forums.moneysavingexpert.com/discussion/6237177/dcbl-letters-forum-group-thread#latest

HERE IS JUST ONE EXAMPLE.  Different company but same fake add-ons

EXCEL v WILKINSON ..... claim struck out for ABUSE OF PROCESS.  DDJ Jackson who is now HHJ Jackson made this ruling.  
https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

D_P_Dance

UKPC have form, have you seen this?

https://www.dailymail.co.uk/news/article-3229165/Is-PROOF-private-parking-firms-scamming-motorists-Drivers-say-timings-photos-doctored-legally-parked-cars-issued-fines.html

Have you comlpained to your MP? 

cameron93

I've only really got an argument that the signage is bad and the small print is... small and there aren't any markings on the ground - and obviously the stuff about unnecessary added charges...which is pretty much what the rest of the template seems to be talking about.

Is this enough stuff to have down and are there any examples of defences/cases with similar points?

Fruitcake

Do you know if the PPC has authority from the landowner to issue charges and court claims? The answer of course is no, so you aver they don't have the right to do either and put them to proof of the contrary.
You should then get to see the contract at the exhibits/witness statement stage, and pick holes in it. You can't do that if you don't state they have no authority to operate in the first place.

The defence lays the groundwork for you to expand on later, so you include every single point in the template and make the PPC prove the opposite is true. 

cameron93

So I've started drafting the defence and WS... Could someone explain the key differences between the WS and Defence document? I know that the WS includes references to evidence. I'm not sure how the texts should differ.

Thanks.

Fruitcake

Use the template defence that is currently the top thread on this forum.

Adapt/amend only paragraphs 2 and 3, and show them here for the regulars to check. The defence is written in the third person, so use the words claimant and defendant rhroughout.

The defence consists of brief statements of fact.

Para 2 should state something like, the defendant was the registered keeper and driver/ but not the driver/ but the driver is not known, and liability is denied.

Para 3 should explain what type of car park this was and why the defendant isn't liable. 

The WS is written in the first person and provides evidence to support your defence.

Le_Kirk

Read the standard defence template, it is one of the five announcements on the front page of the forum and then look for a witness statement y @jrhys, which is upheld as an EXAMPLE and GUIDE of a witness statement (WS).  It cannot be copied blindly because, of course, it relate to @jrhys's case but should give you some ideas.
Defence is series of technical/legal arguments written in third person, whilst a WS is a narrative written in first person supporting, backing up and providing evidence for all you put in the defence.  They are not submitted together, defence first, then WS when required if/when it goes to a hearing.

Coupon-mad

cameron93 said:

So I've started drafting the defence and WS... Could someone explain the key differences between the WS and Defence document? I know that the WS includes references to evidence. I'm not sure how the texts should differ.

You aren't doing a WS yet. 

Re-read the 2nd post of the NEWBIES thread about what to do, and when.

Horrific, the way PPCs ruin people's lives, isn't it?

I really hope you have done the Government Consultation - by email attaching evidence of what has happened to you - and objected absolutely to ANY debt recovery fake 'costs' being added on top of a parking charge (of course) and told them what you think of them increasing charges to £130 or £200 once the fake costs are added.

Hope that helps. 

cameron93

Thank you all for the help. I've now submitted my AOS but after notifying DCB Legal that I've submitted a SAR to their client I've just received an email back:

Dear Sirs,
We write in response to your email dated the 18th August 2021.
For data protection please provide the following:
•           Your full name
•           Your first line of address
•           Your postcode
Please note, failure to respond to this email with the required information may result in the matter progressing further.
Kind Regards,  
Amy ...

Why are they asking for this? Should I just respond saying I need no further information from them?

Cheers
 

Coupon-mad

They need that to know it’s you. Anyone could email.