Some help with defence statement

Island_blue

Hi, I have spent several evenings reading the Newbies and many threads to try to learn all the lingo and process and I have found the latest March 22 defence statement (thank you so much). I just need some help with what is relevant to put in the personalised part of the defence. The Claim form issue date is 21st Feb and I filled out AOS in the advised timely manner and so the deadline is midnight on 26th March I think. Is this correct?

The PCN is from DCB legal and the claimant CP Plus LTD and the date is over 5 years ago in 2017. It was a big service station where the driver (my husband) stayed to sleep and overshot the free night period by a short period (from memory I think it was only half an hour but I can’t find this info now as it was from years ago and we have moved house). After the initial photos from 5 years ago, we had no communication for years and then suddenly another demand three and a half years later in June 2020 and again nothing then for a year. I contacted them (the legal team as I didn’t know this thread then) and asked for the photos and details again including the ticket machine report and they sent the photos by email but did not send the ticket machine info. I have asked for a copy of that email again today as the attachments have been wiped by the server. I contacted them to update my address but they won’t until I provide my passport etc. I have a redirection service so I will get letters though. Should I send my details to update address officially?

 I will send a SAR request but I guess this will take time. Please can you let me know who to send this to, is it by email?

Is there anything in the points relating to my case that I can use, the lack of ticket machine evidence, the over five year ago alleged offence? The years of non communication? I haven’t said who was driving or admitted anything. 

Thanks very much  for any help.

Le_Kirk

The NEWBIE sticky second post tells you where to submit a SAR; it is to the DPO of the PPC (all acronyms are in the fifth post of the NEBWIE announcement).  The personalised part of the defence (paragraphs 2 & 3) are for the defendant (normally the registered keeper or person named on the claim form) to refute what the claimant avers in the POC.

Trainerman

The SAR is really one of the key points. It should flush out everything that they will rely on. You need to send this by email to the parking company. Yes to providing ID but no to really personal stuff like passport or licence. The V5 of the vehicle and (say) a redacted utility bill should do, linked to the paperwork you already have.

It is unlikely that you will get this in time before filing defence, so use the new template, adapt it accordingly and make sure you put enough in there to expand on when it comes to witness statement.

Coupon-mad

There is no ticket machine in a MSA.

You (whoever the defendant on the claim form is) can copy and adapt a recent Highview defence from March.  They are the same company.

KeithP

Island_blue said:

The Claim form issue date is 21st Feb and I filled out AOS in the advised timely manner and so the deadline is midnight on 26th March I think. Is this correct?

For the moment I will assume that you filed an Acknowledgment of Service sometime after 25th February and before 15th March. Please confirm.

With a Claim Issue Date of 21st February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 28th March 2022 to file your Defence.

That's under a week 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'.

Island_blue

Thank you all, 

I was at work but have now found the SAR address and also the requested duplicate evidence sent as an email attachment (the charge notice reminder) back in 2020 from DCB ltd. I had asked for any machine log or what kind of ticket machine it is there in the motorway station so I could then check back to January 2017 how it might have been paid, phone, cash or card. I assume as it was free at night that no payment was made and he simply overstated a bit too long. They declined to answer that information saying this was all their client gave them.

 They also don’t say when the free period ended, just that the driver was in excess of the free period. I will try to find out from the service station but he left at only a few minutes past 7am. I will request all correspondence on the SAR.

KeithP: Yes thank you, I sent the AOS after 25th Feb and before 15th March on the MoneyClaim site. To me, adding 5 days to 21st Feb issue date of the Claim Form plus 28 days equals this Saturday 26th? Have I somehow got that wrong? And if it is I would have to file it by email in business hours on Friday? 

Also just to clarify I thought the post 2 defence in Newbies was no longer relevant and I’m to use the March 22 one as Coupon-mad says? I have that one ready and will try to form some personal defence although I’m not sure what is legally relevant. 

I am guessing the signs would have been large and clear although possibly not at night as he arrived in the early hours (he can’t remember). Apart from the outrageous amount I’m not sure what defence I have as the keeper, thanks. 

KeithP

Island_blue said:

KeithP: Yes thank you, I sent the AOS after 25th Feb and before 15th March on the MoneyClaim site. To me, adding 5 days to 21st Feb issue date of the Claim Form plus 28 days equals this Saturday 26th? Have I somehow got that wrong? And if it is I would have to file it by email in business hours on Friday?

If the calculated deadline falls on a non-working day then you are allowed until 4pm on the next working day to file a Defence.

This is confirmed in the Money Claim Online (MCOL) - User Guide.

On page 14 of that document it says:

How long does the defendant have to respond to my claim?

The court will send out a claim pack to each defendant once the claim has been issued and allows 5 calendar days from the date of issue for the service of the claim. Therefore the 'date of service' is the 5th calendar day after issue.

The defendant has 14 calendar days from the 'date of service' to file a response. If the last day for filing the response falls on a day that the court is not open (i.e. a weekend or public holiday), the court will allow the next full working day for a response. The defendant can extend the time to respond to 28 calendar days by filing an acknowledgment of service (AOS).

Island_blue said:

Also just to clarify I thought the post 2 defence in Newbies was no longer relevant and I’m to use the March 22 one as Coupon-mad says? I have that one ready and will try to form some personal defence although I’m not sure what is legally relevant.

Doesn't the second post of the NEWBIES thread direct you towards to the March 2022 template defence thread for non ParkingEye cases?

Island_blue said:

I am guessing the signs would have been large and clear although possibly not at night as he arrived in the early hours (he can’t remember). 

And I am guessing that the signs were not large and clear. 
They never are.  

Island_blue

I just looked it up and the Motorway services have a two hour free period after which you can pay £15 by phone. This means the overstay was actually 2 hours as he was taking a break on a night drive and fell asleep. I'm not sure if this system has changed in the five years since the parking occurred. I'm sure sleeping to avoid crashing is irrelevant even if the signs keep telling drivers that tiredness can kill and to take a break?

Coupon-mad

https://www.theguardian.com/money/2017/aug/26/parking-eye-takes-on-top-barrister-85-fine

https://forums.moneysavingexpert.com/discussion/6330485/moto-parking-fine/p1

https://forums.moneysavingexpert.com/discussion/6337567/cp-plus-moto-complaint/p1

Island_blue

Thank you Coupon-mad and KeithP for correct dates and links. All very useful info I hadn’t found on my many searches. I’ll base my own paragraphs on some of these as they mirror our case very closely. I was really surprised to find out that Moto charge at night.

 I will prepare my defence and post the relevant parts here in the next couple of days.

Island_blue

Hi all, 

A strange thing happened yesterday, I had requested the photos to be sent again from the legal company and I received an email reply below: 😊

DCBL write further to your email dated 22nd March 2022.

Please note, DCBL are no longer instructed by CP Plus Ltd to recover the outstanding balance in relation to the unpaid Parking Charge Notice (PCN), reference *********.

DCBL have now closed the case and will not be pursuing this matter further.

Should you receive any further correspondence regarding this matter from our client or another company, you would be required to respond accordingly.

Kind Regards,

 Gail Surplice

Collections Associate

Direct Collection Bailiffs Ltd

 This appears to be very good news after so many years but is this a common occurrence when they’ve already sent a claim through the court? If I now don’t send my defence in by Monday do I risk anything and can I now just ignore that claim and deadline? I’m just checking incase I end up not answering and getting an automatic CCJ if it’s in the system.

Thanks for any help as I was going to post a defence on here today, feeling nervous that it’s too good to be true?