DCB Legal Claim Form/Spring Parking

Sir_Q

Hi all

Hopefully you'll be able to assist me with this.

I received a PCN for parking on private land back in December 2018 and ignored it. I've resisted any communication with either Spring Parking or their debt collectors since, I've simply ignored all correspondence. I have now received a claim form which I have started dealing with based on the advice given on the MSE forums.

I received a claim with an issue date of 16 Sept 2022 (attached)
I filed an AoS today - 29/09/2022
I send a SAR to spring parking today 
I emailed the claimant solicitors stating that i'm seeking debt advice and deny any debt and stated that the case must be put on hood for 30 days.
I also informed them of the SAR sent to their client.
I don't have either the PCN or any of the collection letters that followed.

In reply to my note to the claimants solicitors, i've just received the following:

Dear XXXX XXX, 

We write in response to your recent email. 

We acknowledge that you have submitted a Subject Access Request ("SAR") to our Client. 

Please note, as a Claim has now been issued, the Pre-Action Protocol for Debt Claims no longer applies. 

Both parties are now required to adhere to the Court's instructions and time-frames, as such, we are unable to place the matter on hold. 

Both parties should continue to follow any Court directions.

Kind Regards,

XXXX XXXX
DCB Legal Limited

 

I have some questions if you don't mind:

1. Have I followed due process to this point correctly?
2. Can anyone suggest what my defence could be.
3. What are the next steps in the process i.e when should my defence be filed?
4. What exactly does the response from DCB Legal mean or imply

Le_Kirk

It is too late to ask Spring Parking for a 30-day hold due to the PRE-ACTION protocol for debt claims as you are now in the ACTION phase.  Your defence will be whatever you say to refute what they put in the POC, which is not very much - parked in breach of the signs, what did the signs say and what did you do that was in breach of that?  What was on the original PCN? Whatever they say, you refute it, if they say you didn't pay & display you say you did and here is a scan/copy of my ticket, if an overstay, you prove you didn't etc.

Sir_Q

Thanks for your response Le_Kirk

Formulating a defence is a struggle for me as I did park there when I knew I shouldn't and ignored the PCN and subsequent collection attempts. I just have no idea what I could put in my defence that might not get disregarded.

It's a parking space that i'd used previously and for many years and then one day the signs appeared but I had no option but to park in the spot and thought i'd chance my arm. I'd successfully ignored PCN's issued on private land previously without any of them every going to a claim in the county court and though this would end up the same. Clearly I was wrong!

I'm in a dilemma whether to just pay up and take it on the chin or to follow through with the defence.

Unfortunately I don't have the original PCN so cant comment on what is contained within.
I've attached an image of the parking sign at the location taken today, I am assuming that they are the same signs that were in situ in Dec 2018.


Is there anything on there (or not on there) that could be used in my defence?

KeithP

Sir_Q said:

I received a claim with an issue date of 16 Sept 2022 
I filed an AoS today - 29/09/2022

With a Claim Issue Date of 16th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 19th October 2022 to file your Defence.

That's nearly three 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 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'.

Le_Kirk

If the car park (we'll call it that but it might have been a bit of waste land) was previously free, did you see any signs go up that stated as and from a certain date, the car park will be Pay & Display?  PPCs have to abide by their ATA Code of Practice - BPA or IPC - and they both (should) state that a change of condition requires adequate notice so that people just like yourself don't get caught out because they have used an area through custom and practice without the need to pay.

Sir_Q

@Le_Kirk Id parked there previously, possibly in the days preceding the PCN but never noticed any advance warnings.

Sir_Q

@KeithP thanks for this, I have had a look and have copied/pasted the text in to word document but am at a bit of a loss as to what to write for a defence as "I decided to ignore the PCN and subsequent letters" probably won't fly lol.

Can you think of any examples on the board with similar circumstances that I could look at for inspiration?

Also, I'm going to Australia i a couple of weeks and nervous that i'll get correspondence to respond to whilst i'm away with short deadlines, do you think it best to wait until the last minute before filing a defence or would submitting it immediately be more beneficial.

Many thanks

KeithP

Sir_Q said:

I'm going to Australia i a couple of weeks and nervous that i'll get correspondence to respond to whilst i'm away with short deadlines, do you think it best to wait until the last minute before filing a defence or would submitting it immediately be more beneficial.

That really depends on how long you are going to be away.
Couple of weeks, months, years?

Coupon-mad

How long are you away, the whole of October, or longer?

Sir_Q

I’ll be back mid November. I will have access to email but not post. 

Coupon-mad

Then you should email your defence to the CCBC as late as possible, the week after next (just before you go) making sure you get an acknowledgement email.

That way, it is unlikely that the DQ will arrive and the deadline to return that form will expire while you are away. You can then pick the next stage up on your return.