Civil Enforcement - DCB legal - claim form

kgirl123

Good evening,

I would appreciate your help again as I have received another claim form from county court - this is now my second (and technically 3rd as I'm helping my partner with one too, with the support of this forum) - all against DCB Legal

I have already completed the initial steps of:
- Letter of claim received and SAR requested - case was put on hold for 30 days by DCB
- Claim form received and AOS completed

My claim form has an issue date of 22 Nov, so if I'm counting correctly:
Issue date = 22 Nov
+ 2 weeks = 6 Dec
+ 5 days = 11 Dec
+ 2 weeks for defence = 25 Dec (guessing this defaults to 4pm on 28 Dec as the next working day?)

AOS was completed on 9 Dec

Background:
The claim is for parking without a permit but the evidence they hold are ANPR photos of the vehicle driving in to the car park at 9.30am and leaving at 10.05 and no actual photographs of the car parked with no permit or anything else. There are also no photos of their signage included in the SAR which I found unusual.

This particular car park is at the back of a high street and hasn't been operated by any parking firm for years so the PCN came as a bit of a surprise weeks later. The incident was on 24 Dec 2021 and looking at Google Maps images from Sept 2021 the signage wasn't yet in place then. The signage is very vague and frankly looks like something you could get off eBay.

I'm still trying to locate a 'landowner' to complain as it's attached to the back of multiple establishments and there's no clear ownership. 

The facts as known to the Defendant:

2. The Defendant is the registered keeper of the vehicle in question. The Claim relates to an alleged debt arising from the driver's alleged breach of contract, which is denied. It is further denied that there was any agreement to pay the Claimant a punitive £100 'parking charge notice' (PCN) for the lawful conduct described below.

3. This allegation is based on images by their ANPR camera at the entrance and exit to the site. This is merely an image of the vehicle in transit.

3.1 As a local resident, the Defendant had knowledge that the site in question is not monitored with only some old, faded signage left up by the previous parking firm from years prior. Whilst only ever parking there briefly to pop into the local restaurant to collect food or to the post office, the Defendant had never encountered any issues and didn’t notice anything different.

3.2 Prior to the Defendant's visit on 24 December, Civil Enforcement had recently placed their signage within the car park creating new terms and conditions for motorists. Their signage has no mention of a £100 penalty nor ANPR cameras coming into operation recently, thus not making it clear that new rules are being enforced. The signage on entry includes no logo to signify that a new parking firm has taken over.

3.2 Their Trade Body Code of Practice states at 18.11: ''Where there is any change in the terms and conditions that materially affects the motorist then you should make these clear on your signage. Where such changes impose liability where none previously existed then you should consider a grace period to allow regular visitors to the site to adjust and familiarise themselves with the changes.''

5. In the Particulars of Claim ('POC') it is stated that the Defendant is liable as the driver or keeper but the Claimant has failed to provide any evidence that Defendant was also the driver.

Any advice on the above would be great. First question that pops to mind is should I amend to say I was the driver? Or keep it neutral as I don't actually remember the events of this particular day, I just know how I've treated parking at that site in general?

Thank you!

Coupon-mad

I'd say you believe it is likely you were the driver and remove 5.  

KeithP

kgirl123 said:

My claim form has an issue date of 22 Nov, so if I'm counting correctly:
Issue date = 22 Nov
+ 2 weeks = 6 Dec
+ 5 days = 11 Dec
+ 2 weeks for defence = 25 Dec (guessing this defaults to 4pm on 28 Dec as the next working day?)

AOS was completed on 9 Dec

Not quite. HM Courts are closed on... 

• Monday 26 December 2022
• Tuesday 27 December 2022
• Wednesday 28 December 2022
• Monday 2 January 2023

With a Claim Issue Date of 22nd November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Thursday 29th December 2022 to file your Defence.

That's over two weeks away. Plenty of time to produce a Defence and it is good to see you are not leaving 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'.

patient_dream

WOW ... CEL using the infamous discontinue legal DCBL

I thought CEL read this forum .... clearly not ?

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

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

75 DISCONTINUATIONS in just IN a few months

We know all about CEL, do DCBL ?

Coupon-mad

We've seen CEL claims by DCBLegal three times recently.

DCBLegal are dominating the market.  Not healthy.

kgirl123

Hi all, update here - defence was filed and court date is set for 21 September at High Wycombe. DCB have until 24 August to pay the court fee. They have called/emailed me multiple times, I eventually answered and informed them I am not willing to settle (think it was £200 they were asking for). 

I know there’s a chance they will discontinue (which they did with the other claim against me back in Dec 22) but I’m going to be away from 25 Aug so need to get my WS sorted this weekend.

Should DCB have shared any documents with me by now? In another case I had with ParkingEye last year I recall them sending a copy of their WS quite promptly.

I will search the forum for any similar threads with hidden ANPR cameras/old outdated signage used/change in parking management, but any advice or direction to particular recent threads you’re aware of would of course be appreciated.

Thank you

Coupon-mad

Just adapt this week's new exemplar WS by baz417 which I've linked in the NEWBIES thread now.

kgirl123

Discontinuation email came through last week, a week before the court fee was due, thanks for all your help as always Coupon-mad

Coupon-mad

Hooray!  Now you can enjoy your break away!

Well done.

ANOTHER CEL ONE BITES THE DUST!

Calling @Umkomaas to add you to the DCBLegal discontinuations thread.

Umkomaas

Coupon-mad said:

Hooray!  Now you can enjoy your break away!

Well done.

ANOTHER CEL ONE BITES THE DUST!

Calling @Umkomaas to add you to the DCBLegal discontinuations thread.

On my way! 🙂

kgirl123

Yes indeed, I was pleased it came through before I spent hours writing a WS!

I have 2 more (for the exact same thing, one for a family member, one for myself) so will update on those in a few months, or hopefully sooner