Fined for not displaying blue badge in a disabled bay

JaW21

Hi my dad was issued a PCN at the metrocentre car park (a free car park) over 2 years ago for parking in a disabled bay.  He displayed his badge but must have fallen off the dash after he left the car.  It being so long ago i cant actually remember if we appealed it at the time.  Now hes been sent a county court claim form for £258 and i have to write a defence for him in the next 7 days.  Any ideas of what to say in the defence would be great.  Thanks

diystarter7

JaW21 said:

Hi my dad was issued a PCN at the metrocentre car park (a free car park) over 2 years ago for parking in a disabled bay.  He displayed his badge but must have fallen off the dash after he left the car.  It being so long ago i cant actually remember if we appealed it at the time.  Now hes been sent a county court claim form for £258 and i have to write a defence for him in the next 7 days.  Any ideas of what to say in the defence would be great.  Thanks

This happened 2 years ago just to be clear? Thanks

JaW21

diystarter7 said

This happened 2 years ago just to be clear? Thanks

Yes july 2020.  He has had the letters from febt collectors and ignored them.  Now this so i have to prepare a defence for him

Coupon-mad

What's the date of issue top right on the claim?

When did he do the AOS according to MCOL's status record when he logs in?

Which PPC?

Which solicitor?

Obviously he will be using the Template Defence at the top of the forum that you will have spotted among the pinned announcements.  Next to NEWBIES PLEASE READ THESE FAQS FIRST which is where you start (the second post of it is all about how to defend a court claim).

JaW21

Coupon-mad said:

What's the date of issue top right on the claim?

When did he do the AOS according to MCOL's status record when he logs in?

Which PPC?

Which solicitor?

Obviously he will be using the Template Defence at the top of the forum that you will have spotted among the pinned announcements.  Next to NEWBIES PLEASE READ THESE FAQS FIRST which is where you start (the second post of it is all about how to defend a court claim).

Date of issue is 01/11/2022
Its UKPC and solicitor is DCB Legal LTD
I've read through the defence template but not sure how much of that applies to this case as he got the ticket for not displaying his blue badge, even though he's a blue badge holder.  The template seems to be aimed at admin fees and such.  Should i still include that?

KeithP

JaW21 said:

Coupon-mad said:

What's the date of issue top right on the claim?

When did he do the AOS according to MCOL's status record when he logs in?

Which PPC?

Which solicitor?

Obviously he will be using the Template Defence at the top of the forum that you will have spotted among the pinned announcements.  Next to NEWBIES PLEASE READ THESE FAQS FIRST which is where you start (the second post of it is all about how to defend a court claim).

Date of issue is 01/11/2022

With a Claim Issue Date of 1st November, you have until Monday 21st November 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 Monday 5th December 2022 to file your Defence.

That's almost 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 guidance.

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'.

Everywhere I have written 'you' or 'your' I do of course mean the named Defendant.

JaW21 said:

Coupon-mad said:

What's the date of issue top right on the claim?

When did he do the AOS according to MCOL's status record when he logs in?

Which PPC?

Which solicitor?

Obviously he will be using the Template Defence at the top of the forum that you will have spotted among the pinned announcements.  Next to NEWBIES PLEASE READ THESE FAQS FIRST which is where you start (the second post of it is all about how to defend a court claim).

I've read through the defence template but not sure how much of that applies to this case as he got the ticket for not displaying his blue badge, even though he's a blue badge holder.  The template seems to be aimed at admin fees and such.  Should i still include that?

All of the template Defence should be used.
You, or the Defendant, only needs to complete paragraphs 2 and 3.
Is that not made clear in the template Defence thread?

Show us your versions of paras 2 and 3 if you want comment on them before filing.

JaW21

Thanks for the help.  It was just the defence letter i was wondering about 👍 that clears it up though thanks everyone

Fruitcake

What happened when you dad complained to the landowner and his MP? That is always Plan A and it is never too late to carry it out.

Umkomaas

I thought I'd draw your attention to this fairly recent thread which you might have missed. You must keep going through all the necessary court procedure phases, but the hope is that your case will follow the same pattern as all those detailed in the thread. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

But, be aware that you (actually your father) are not there yet. More to be done, and if you play the game fully, you edge this harassment closer to the discontinuation cliff edge. Keep going.