Dcb legal letter of claim

Mfit

Admitting to being there for 3 hours 36 minutes. On the initial letter it says ‘the recorded duration of the stay was 3 hours and 36 minute which is in excess of the maximum stay time of 0 hours and 0 minutes’ the letter didn’t state how long I was over by or what I had actually done wrong, hence why I disregarded it, however doing my own research I have since found out you can only park in the car park for 3 hours. So technically I was over by 36 minutes, however this was not stated on the first letter otherwise I would have paid it then. Does that make sense? 

Coupon-mad

Mfit said:

So if I do the AoS  to give me more time, will I then be able to decide if I should submit a part admission? 

Thanks 

You are absolutely NOT advised to do a part admission whatsoever! That means you lose.

When we say the +£70 is extortion (for reasons covered by the template defence) we are not saying the £100 PCN rip-off is in any way OK!

You defend the whole claim.

Please read about twenty claim/defence threads.  Then come back here with more understanding of what you need to do.

Mfit

Please may you read over my defence and let me know if you have any advice… 

The facts as known to the Defendant:

2.It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

3.

The Defendant when to the Fountain Retail Park and visited numerous shops, McDonalds and Costa Coffee. The Defendant did not see any signs for parking or time restrictions, it is possible signs could have been obscured.

The Defendant recalls receiving a Notice to Keeper in January 2020 but disregarded it as the Notice appeared to be issued in error. It stated 'The recorded duration of stay was 3 hrs 36 mins which is in excess of the maximum stay time of 0 hours and 0 mins, therefore, according to the Notice of Keeper, no breach of rules had taken place. There was no mention of a maximum time period for parking or what rule/laws had been broken.  

The notice to keeper doesn’t comply with  (Protection of Freedoms Act 2012, Schedule 4, Section 56 Recovery of unpaid parking charges) Section 9 : 2 : c - The Defendant was not notified of the period of parking time allowed and how the parking charge was incurred. 

The Defendant had every reason to assume the notice has been sent in error and disregard it.

 

Do I remove (Claimant), (Defendant) once I have filled in the details at the start?

Should I be referred to as Driver or Defendant?

Do I keep sections from 4 onwards as is or should brackets be removed?

Should I state that I did not receive any further notices until Bailiff letters in May and July 2021, which I took to be scam letters (as the January notice had been disregarded and forgotten about). Only when I asked for info this year after a legal letter, did I contact UKPC to find out if this was legitimate.

Thanks 

Coupon-mad

Very good.

Typo in #3 'the Defendant when' (= went).

Do I remove (Claimant), (Defendant) once I have filled in the details at the start?

No.

Should I be referred to as Driver or Defendant?

The Defendant, except in the end of #2 where you admit to being the driver, as you have done.

Do I keep sections from 4 onwards as is or should brackets be removed?

Which brackets? 

Should I state that I did not receive any further notices until Bailiff letters 

No - and the debt crawlers aren't bailiffs.

Mfit

Which brackets? 

For example, …(ironically template)… section 4 plus others in 5 (POC) ,6 etc 

Thank you again 

Mfit

Am I correct in saying I now submit by defence how KeithP states? To the CCBCAQ? 

Thanks again 

Mfit

And also that I have two weeks after submitting my aos to submit my defence? 

KeithP

Mfit said:

Am I correct in saying I now submit by defence how KeithP states? To the CCBCAQ? 

Thanks again 

Mfit said:

And also that I have two weeks after submitting my aos to submit my defence? 

@Coupon-mad's post of 12 July at 8:43PM on your thread clearly explains what you need to do and when you need to do it, doesn't it?

Just to be clear, the suggestion...
"And also that I have two weeks after submitting my aos to submit my defence?"
...is not quite right.

Mfit

Hey, so when reading through the advice on the threads I thought it was too late for me to contact the owners of the car park, but when reading through some of the successes I see that they had contacted them even when it had gone to court, so thought on the off chance I would give it a go, they said they would see what they could do and got a call back the next day and they had cancelled the charge, when I go on my account on the car park company it now says this…. (See photo) does this mean this is now fully cancelled and I no longer need to submit my defence? Thanks  

Umkomaas

You need to continue with your Defence until such time as you receive a formal letter of discontinuation from the solicitors. If you down tools on it now and the solicitors don't inform the court of the discontinuation there will be a judgment in default with an accompanying CCJ against you which will create grief and extra work for you!