Parking fine help, claim form received from DCB Legal

Kayteeheych

Hi,
New to posting on the forum here, have read all the newbies thread and am trying my best to follow this but now I'm really panicking as I feel I've left things too late. DCB Legal are chasing a 5 year old PCN (April 2016) and I have just received a County court claim form through today. I attended a friends wedding in April 2016, I don't know the area at all but the friend who's wedding it was advised to park at the Accrington Arndale Centre (managed by UK Parking Control Ltd), saying it was free for 4 hours and then you could pay for extra time if needed so I took her word for it and parked there. When I arrived I couldn't find an obvious place to pay once parked up or any clear signs, I wrongly assumed it would be a pay on exit situation as nobody seemed to have a pay and display ticket on show and there were no machines/signs nearby. I had a 2 year old in tow so didn't stop to read the wording on the entrance signs and on leaving couldn't find a parking attendant or any further info so I just left, I can't remember exactly how long we overstayed but it was under an hour over the limit. Later a PCN arrived through the post which did if I recall correctly have a photo of my car entering the car park (and I think one exiting) and later a threatening letter from DCB legal. Sadly I followed bad advice from friends to just ignore this as it wasn't a council issued ticket. Shortly afterwards I moved house and didn't put much thought into it until recently a further demand arrived at my new address (new address but not my new (since married) name). I genuinely had meant to appeal the recent letter as after reading the newbies forum didn't want to simply ignore this, however I misplaced the letter. I had just hoped it would simply go away as it has been 5 and a half years since the incident. But now a county court claim form has arrived demanding £286.14 (including court fee and legal representatives costs) for breach of the terms of contract. I've now sent SAR's to both UKPC and DCBL to find out exactly info they hold on me and have completed the AOS online. 

At this point am I looking at actually having to go to court? This terrifies me as I've never stepped foot in a court my entire life and I just know I'll end up sat there in tears. I'm bothered that my "defence" is essentially me failing to look properly for signs to read the small print so I'm not sure this will wash. At this point is there any way to resolve this without having to go to court? And if not can anyone advise if the total amount claimed on the claim form will be the maximum payable or would there be additional fees on top of this?

Please go easy on me! Thanks in advance 

KeithP

Kayteeheych said:

I have just received a County court claim form ...and have completed the AOS online. 

Hello and welcome.

What is the Issue Date on your County Court Claim Form?
When did you complete the Acknowledgment of Service?

Kayteeheych

The issue date was 11th of October. I completed the AOS today, which I gather was probably wrong as one of the posts said to do it on day 5 but I don't understand why and I didn't want to risk forgetting to do this in 2 days time

KeithP

Kayteeheych said:

The issue date was 11th of October. I completed the AOS today...

Yes, by filing an Acknowledgment of Service already you have lost a little Defence preparation time... but only a few days.

With a Claim Issue Date of 11th October, and having filed an Acknowledgment of Service on 14th October, you have until 4pm on Thursday 11th November 2021 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.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

Hearings are done over the phone now.  No-one has to set foot in court. The phone conversation is fair, like an appeal by phone.

Kayteeheych

Thanks for the advice, I’ve got the defence template from the newbies forum to edit, but in terms of what I’ve said above, does any of that actually sound like valid defence? Not seeing/reading signs and unable to locate anywhere to pay for excess parking? And if I do have to attend a hearing, if I were to lose the case am I likely to have to pay even more than is stated on the claim form? 

Sorry for all the questions, have never been involved in any legal issues before and really don’t have a clue what I’m doing.

Coupon-mad

If you lose you'd likely pay less than on the claim form.  The NEWBIES thread explains why.

Inconspicuous signs is a defence but not reading clear signs, isn't.  Most private parking sites are NOT well signed, in our experience here.

All new threads are from people who've never done this before and 99% win or see the case discontinued before the hearing (phone hearings these days).  Well worth defending, no risk, no CCJ and nothing scary.

Kayteeheych

so in response to my SAR from DCB Legal I’ve just had this reply from them, surely if they’ve filed a court claim against me they should be able to identify me using the details I provided (name, address, name change and former address) are they just trying to delay things here? Or do I need to just try and find a reference number?

D_P_Dance

It is not a fine but an invoice for damages for  an alleged breach of contract.  Have you complained to your MP?.  Do not expect competence from PPCs,  they emply people who cannot get work anywhere else.  

Redx

Your SAR should have gone to the DPO at the parking company , not dcb legal !! ( So to the DPO at UKPC LTD )

The legal company are a third party acting for the claimant , the claimant is the parking company , not dcb legal

Kayteeheych

Redx said:

Your SAR should have gone to the DPO at the parking company , not dcb legal !! ( So to the DPO at UKPC LTD )

The legal company are a third party acting for the claimant , the claimant is the parking company , not dcb legal

I sent them to both the parking company and DCBL just in case to see what information everyone is holding on me. In that case should I just ignore this one and wait on a response from UKPC?