DCB Legal - small claims letter - discontinued

Coupon-mad

Copy and adapt the defence by @Johny86

B789

Go back and re-read the Newbies/FAQ thread (which you should be treating as a reference/guide), second post, where you will see all the advice and what you need to do and when.

An example of the Johny86 Defence you need to submit is reproduced here:

https://www.dropbox.com/s/66hosld75llha3j/2023_defence.pdf?dl=0

BigT369

Thanks everyone! First bit is don't and dusted, going to get the defence prepped this weekend and get that sent off. 

BigT369

this is what we plan to put in the defence, i have removed some details about the place. just making sure this is acceptable to put. we did remove some personal things like the ticket attendant smiling at my partner and how she felt (cried) also we did not mention how when we researched the company we found many articles about them being banned form the DVLA just months pervious due to illegal behaviour form their ticket attendants.

i will say the pictures are of the car parked in front of there sign  

again thank you for everyones help, even if we dont win it will hopefully still be less than £300.

The defendant visited ******** to watch a movie at the Odeon cinema. Once parked the defendant and friend went into the cinema to purchase tickets,  the defendant realised no ticket was on the car and left the queue to get the free ticket. Only a short time had passed, a few minutes however there was a parking charge ticket on the car and a ticket agent photographing the car, when approached the defendant was advised it was now too late to get a ticket and there is no grace time of 10 minutes like the defendant thought. The defendant will admit this was many years ago and timings are hard to be precise.

Coupon-mad

But they'll discontinue anyway, regardless.

B789

BigT369 said:
The defendant visited ******** to watch a movie at the Odeon cinema. Once parked the defendant and friend went into the cinema to purchase tickets,  the defendant realised no ticket was on the car and left the queue to get the free ticket. Only a short time had passed, a few minutes however there was a parking charge ticket on the car and a ticket agent photographing the car, when approached the defendant was advised it was now too late to get a ticket and there is no grace time of 10 minutes like the defendant thought. The defendant will admit this was many years ago and timings are hard to be precise.

Whilst this will follow the usual pattern of late discontinuation, that is because of the robust Defence. Just my opinion, but would it not be better to reword the bit about going back to the car to get a "permit" (too many instances of the word "ticket" for 2 different reasons which can be confusing).

Perhaps the Defendant only realised that a "permit" was required after they had left the car when they noticed a sign with some terms on it. No signs had been obvious or prominent whilst in the car, that stated that a free "permit" was required. The Defendant then returned to the car in order to display a free "permit". However, in the few minutes that had passed since parking, noticing the terms, reading them and returning to the car, an employee of the parking company had pounced out of nowhere, applied an NtD on the windscreen and was photographing the vehicle. When confronted, the employee said that there was no grace period and refused to withdraw the charge.

Just a suggestion.

BigT369

B789 said:

BigT369 said:
The defendant visited ******** to watch a movie at the Odeon cinema. Once parked the defendant and friend went into the cinema to purchase tickets,  the defendant realised no ticket was on the car and left the queue to get the free ticket. Only a short time had passed, a few minutes however there was a parking charge ticket on the car and a ticket agent photographing the car, when approached the defendant was advised it was now too late to get a ticket and there is no grace time of 10 minutes like the defendant thought. The defendant will admit this was many years ago and timings are hard to be precise.

Whilst this will follow the usual pattern of late discontinuation, that is because of the robust Defence. Just my opinion, but would it not be better to reword the bit about going back to the car to get a "permit" (too many instances of the word "ticket" for 2 different reasons which can be confusing).

Perhaps the Defendant only realised that a "permit" was required after they had left the car when they noticed a sign with some terms on it. No signs had been obvious or prominent whilst in the car, that stated that a free "permit" was required. The Defendant then returned to the car in order to display a free "permit". However, in the few minutes that had passed since parking, noticing the terms, reading them and returning to the car, an employee of the parking company had pounced out of nowhere, applied an NtD on the windscreen and was photographing the vehicle. When confronted, the employee said that there was no grace period and refused to withdraw the charge.

Just a suggestion.

thank you! reading it i was not happy with how many times i wrote ticket and just couldn't for the life of me get the right word.

BigT369

good afternoon everybody,

so the day has come, we have been sent a small claims court letter to fill in. partner is now in panic mode as we are about to complete on a house shortly and just wants to pay the £300+ fine. can we fill in these forms online or is it all by paper now?

i will go back to the main post and start reading up again.

KeithP

You need to be a bit clearer.
Have you perhaps received a County Court Claim Form?
If so, please tell us the Issue Date on it and more information will be forthcoming..

Fruitcake

It is not a fine.

What precisely is this court letter? Is it perhaps an N180 form that you would have been expecting if you filed a defence and were following the guide to court and the template defence twelve step guide?

Properly defended it will either cost you nothing if you win/the claim is discontinued, or you will end up paying less than is being claimed even if you lose.

There is absolutely no chance of a CCJ or anything affecting your ability to obtain credit as long as you follow the tried and tested advice on this forum.