Letter of Claim - Dcb Legal in behalf of VcS

panda90

KeithP said:

With a Claim Issue Date of 29th September, you have until Tuesday 18th October to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 1st November 2022 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 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.

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'.

Thank you for everything ! 

I have submitted today the AOS - now i have enough time to prepare and submit my defence
i am reading everything where you told me to - 
will keep you guys up to date , Was wondering once my defence is ready if its ok to post it here before submitting so you can check it out? 🙏

panda90

Some facts of my case guys  -  What do you think ? 

The facts as known to the Defendant: 

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

 

3.The Defendant was parked next to X1 The Exchange Car Park in Salford Quays (the car park in question is a permit holder only car park) where there is a sign 'Private Land 'on the fence of the car park and The Defendant thought the ‘Private Land’ sign refers to the car park inside the fence where all other cars were parked and not on the street next to the fence where The Defendant car was parked – Very Misleading.  

4.There was a total inadequacy of warning signs and not sufficiently prominent as to be reasonably noticeable by a user of the car park. Can be seen clearly in the photos of The Claimant the sign ‘Private land’ on the fence and all the other cars being parked behind the fence.  

5.The significance of the signage in general terms in this type of case is important because the fundamental basis of the carpark operator’s claim is based upon a contract alleged to have come into being between the person parking and the carpark operator, the terms of which are set out in notices displayed at the carpark which are deemed to have come to the notice of the user of the carpark. But of course, in order for those notices to be effective in conveying the terms and conditions of the carparking contract, the notice must be reasonably apparent to anybody using the carpark.   

6.The Defendant remembers finding on the window on each occasion a red packet that said 'THIS IS NOT A PARKING CHARGE 'from Vehicle Control Service Limited and can only be seen just as that – it is plain English and not in a language that people do not understand it and such a notice has no legal effect. The Red packed can be seen in the photos.  

7.The Defendant didn’t get any letters nor was aware of any PCN’s as he was going to deal with them due to change of address and the car being sold shortly after the events occurred. The Defendant was never given the opportunity to appeal the parking charges and received only the Letter of Claim to the new address two years later and several letters/emails from The Claimant to pay within a certain amount of time or actions will be taken against The Defendant.  

8.The Claimant intimidating pre-action demands caused a lot of anxiety and distressed to The Defendant. 

Coupon-mad

Delete para 8 as it isn't part of a defence.

Para 6 is relevant and interesting, but I think you should take the opposite stance: that it is clearly a NTD in all but name, as found in the cases of:

Excel v Mr x 
Date of hearing 30/06/21
Location of Court: York
DDJ Rafferty
Case number G0QZ6K18

and 

VCS v Burzynski
Date of hearing 31/5/2019
Location of Court: Derby 
DDJ Griffiths
Case number E1QZ7X7C

Explained and transcript (that you will need to submit LATER at WS stage) here:
https://forums.moneysavingexpert.com/discussion/comment/78450151#Comment_78450151

panda90

Hi guys - i have updated my defence and i’m ready to submit it . Now reading the forum i will send it to CCBCAQ email and also have to send my defence to the claimant legal team email but i only have two emails from them from two different individuals picture below  also found on the forum these : response@dcblegal.co.uk and info@dcblegal.co.uk , should i copy all of them and send my defence ? Also is it mandatory to send them my defence ? On their website or on the claim form there is no email adress , only telephone and adress where to send documents.
also why not submit my defence on moneyclaimonline website ? Thanks 🙏 everyone

Coupon-mad

This is already explained in the NEWBIES thread in the IMPORTANT: KNOW WHAT HAPPENS WHEN (red capitals heading) section where I link to a court procedures thread by bargepole.

He explains why not to use MCOL, to save us repeating it on every thread.

Obviously you can use the email addresses you already have for individuals at DCBLegal.

panda90

Hi Guys - really need your help again ! This morning i have filled my defence and send it to ccbcaq and to the claimant , However despite of having it checked x10 times i noticed a mistake in my defence after i already send it : at the start of the defence instead of “IN THE COUNTY COURT “ is “ N THE COUNTY COURT” please see photo below and advice me what to do : shoul i re-send it again or leave it as it is uof..

Umkomaas

Minor typo - forget it. I doubt anyone will even notice it. It is of no relevance in any event. 

panda90

Finally got a date for The Hearing in March and is to be attended ‘In Person’ 👌

Coupon-mad

Most important is for you to read the Directions on page 2, and meet your own deadline for your WS and evidence bundle.

Latest example of a good WS bundle is NOT the one in the NEWBIES thread, although you do need to re-read the witness statement and evidence section there to understand what is required of you and what sort of evidence to provide.    After reading that to know what is needed, DON'T click on the example WS by Robert Cox as it is out of date.  Use the one on the thread by @aphex007

panda90

Coupon-mad said:

Most important is for you to read the Directions on page 2, and meet your own deadline for your WS and evidence bundle.

Latest example of a good WS bundle is NOT the one in the NEWBIES thread, although you do need to re-read the witness statement and evidence section there to understand what is required of you and what sort of evidence to provide.    After reading that to know what is needed, DON'T click on the example WS by Robert Cox as it is out of date.  Use the one on the thread by @aphex007

Hi @coup@Coupon-mad ! I have read Directions on page 2 but it seems i can’t find the the example by @aphex007 and only the one by Robert Cox - Not sure you got a link for that 🙏
Thank You !