DCBL Letter of Claim - UKPC

prez78

This is my defence - in response to the extraordinary charges added to the original PCN

Having reviewed the evidence supplied by the SAR, I cannot prove poor signage in a poorly lit area, not with unclear marked bays, the SAR proving that the vehicle of which I am the registered keeper was in a disabled bay at the time in question, with signage clearly displayed. I am willing to pay the initial fee of xxx on the ORIGINAL PCN  however request all other charges be dismissed.  


below are my edits to the template of defence applied to point 3 and 18. I have highlighted in bold parts which im not sure are applicable or require explanation.

3.  I first heard about this parking charge (by post in 2015). I ignored this as I assumed it was a scam, not having knowledge if the initial parking breach. The letters had stopped after a few months so I had assumed that was the end of it. I then received further correspondence 5 years later 2020 and started feeling harassed by the bombardment of ‘debt recovery’ letters,

(The Defendant cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4.) not being legal savvy, im not sure if this applies? 


18.   The Defendant invites the court to find that this exaggerated claim is entirely without merit and to dismiss all excessive charges. The defendant is prepared to pay the initial imposed fee of xxx due to a SAR showing evidence of the vehicle in question being parked in a disabled bay without displaying a valid blue badge.

Redx

3 looks like a witness statement , nothing like a defence , should contain legal challenges etc , no My Me Myself and I , it's defendant and claimant

No point altering 18 , this isn't mediation , it's all or nothing , you don't get the chance to wind the clock back to the initial discount offer

Coupon-mad

Don't say this:

Having reviewed the evidence supplied by the SAR, I cannot prove poor signage in a poorly lit area, not with unclear marked bays, the SAR proving that the vehicle of which I am the registered keeper was in a disabled bay at the time in question, with signage clearly displayed. I am willing to pay the initial fee of xxx on the ORIGINAL PCN  however request all other charges be dismissed.  

prez78

Apart from the initial template, not sure what to put up as a defence. based on what was said in point 3, is there a way of rewording this into a defence. the main concern is the extraordinary charges resulting in 4 - 5 X the original pcn value.

Redx

The spurious charges are already in the defence by coupon mad , they are no defence to the PCN s , the core terms that are the invoices. Even if a judge rules out the extra charges , your 3 should be a defence to the core terms , meaning the invoices ( PCN s )

Show us your draft of 2 & 3 , once you have it

prez78

Here are my points 2 & 3

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The identity of the driver at the material time is unknown to the Defendant. The Defendant was not the only insured driver of the vehicle in question and is unable to recall who was or was not driving on the dates stated in the claim five years ago.

 

3.  The defendant first heard about this parking charge (by post, in 2016). The defendant proceeded to ignored this as believing it to be false and potentially a scam letter. The letters had stopped after a few months. The defendant then received further correspondence 4 years later beginning 2020 and started feeling harassed by the bombardment of ‘debt recovery’ letters. The Defendant cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4.

The Defendant was issued with a Claim Form by DCB Legal acting on behalf of the Claimant for a total amount of £xxx (inclusive of £xx Court Fee & £xx Legal representative's costs) relating to the PCN issued x/x/2016

Le_Kirk

prez78 said:

3.  I first heard about this parking charge (by post in 2015). I ignored this as I assumed it was a scam, not having knowledge if the initial parking breach. The letters had stopped after a few months so I had assumed that was the end of it. I then received further correspondence 5 years later 2020 and started feeling harassed by the bombardment of ‘debt recovery’ letters,

prez78 said:
2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The identity of the driver at the material time is unknown to the Defendant. The Defendant was not the only insured driver of the vehicle in question and is unable to recall who was or was not driving on the dates stated in the claim an unremarkable day over five years ago.

3.  The defendant first heard about this parking charge (by post, in 2016). The defendant proceeded to ignored this as believing it to be false and potentially a scam letter. 

Which is it?  What will you answer if the judge asks you outright "were you driving on the day in question?"

prez78

thanks for the observation. the year was 2016. NOT 2015 which is why i corrected it on the next post.

If the judge asks me if I was the one driving, I can in all honesty say it was not me.
Reason being I am a responsible driver - evident in my driving record if thats kept on file anywhere:
1 : I have never received a speeding ticket. 
2 : I once received a ticket for turning down a one was street maybe 10 years ago and paid the fine without contesting - in hindsight, I could have looked into this more closely in terms of signage, however that's history.

I do know that year I had friends and family come visit from overseas, so lots was going on, and a few people used the car that year.

Umkomaas

prez78 said:

thanks for the observation. the year was 2016. NOT 2015 which is why i corrected it on the next post.

If the judge asks me if I was the one driving, I can in all honesty say it was not me.
Reason being I am a responsible driver - evident in my driving record if thats kept on file anywhere:
1 : I have never received a speeding ticket. 
2 : I once received a ticket for turning down a one was street maybe 10 years ago and paid the fine without contesting - in hindsight, I could have looked into this more closely in terms of signage, however that's history.

I do know that year I had friends and family come visit from overseas, so lots was going on, and a few people used the car that year.

None of that proves you weren't the driver on the day I'm afraid. If it did, you could escape ever being the driver. You're going to have to find a much better line, like not being in the area - work, holiday, visiting relatives in another location .....  You need to concentrate on it being an unremarkable day, 5-6 years ago. 

Ultimately though, it's the Claimant's case to prove you were the driver if they haven't complied with the Protection of Freedoms Act 2012 (Schedule 4).  If they have complied, doesn't matter who the driver was, the registered keeper can be held liable. 

Le_Kirk

prez78 said:

If the judge asks me if I was the one driving, I can in all honesty say it was not me.

That is the bit that matters; saying it with as straight face and with firm belief in what you are saying and the judge will decide.