County Court claim form UK parking control

Debunked

Hello all, 

So I have just finished one case that went to court on the 15th of December, I lost now low and behold literally days later another one drops onto my door mat. I had a letter of claim back in November 2021, and have heard nothing until now. 
Its with dcbl. I'm thinking they must talk to each other as the previous one was Bw Legal and premier park. Too much of a coincidence. 

Anyway I have done the AoS, and just going through defence template. This differs from my previous fine, as I was driving this time Stevenage leisure car park back in 2017!
I parked across 2 bays, but had an elderly lady with me, and we were going to the restaurant. All disabled bays were taken up. So I parked there as half of the bay was taken up with the bins from the restaurant. Had our meal then left unaware that car had been photographed, received pcn blah blah.
My main point is I parked across 2 bays to get as close to the restaurant as possible as there were no other spaces available. Surely the parked within marked bays is on the notice so all spaces can be used. This does not apply in this case. I was actually using an extra space that wouldn't have been used otherwise. Any thoughts?
Just unsure how to word it in the defence.
Also now I'm saying I'm the driver does that change my defence at all, and I believe it means they can get more money out of me in court if I lose. Is that correct? 
Thanks 
Debunked

KeithP

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Debunked

Issued 29th, filed AoS on the 5th. Probably should have waited longer but wanted it out the way. 

Umkomaas

literally days later another one drops onto my door mat. I had a letter of claim back in November 2021, and have heard nothing until now. 

DCB Legal have issued a torrent of court claims on 29 December. You're not alone!

It's with dcbl. I'm thinking they must talk to each other as the previous one was Bw Legal and premier park. Too much of a coincidence. 

Absolute coincidence - different solicitor, different parking firm, they don't communicate with other outfits. Each year there are probably 3 to 4 million unpaid parking tickets floating around the system. Linking your two cases is about as likely as winning the lottery!

Its with dcbl.

Very winnable as long as you go through all the defence processes. 

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

KeithP

Debunked said:

Issued 29th, filed AoS on the 5th.

With a Claim Issue Date of 29th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 31st January 2023 to file your Defence.

That's over 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'.

Debunked

Hello all, rough draft of paragraphs 2 and 3 of the Defence. Great if someone could have a look and any feedback welcome.

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

 

3. The defendant travelled to the leisure car park on the date in question, with an elderly relative. The reason for visiting the leisure park was to go to a restaurant that had been pre-booked.  On arrival the car park was very busy, all spaces near the restaurant were taken up.  Even disabled spaces outside the restaurant were taken.  On travelling round the back of the restaurant the defendant noticed a space between the bins and the next space. The defendant had to park across 2 spaces, but as the next space was occupied there was no way that where the defendant parked was inhibiting anyone else from using a space, (there is proof of this on the photographic evidence from the claimant) because of the location of the bins.  This allowed us to be close to the restaurant, and for the defendants elderly relative to be able to walk to and from easily. The defendant then spoke to the waitress inside to explain the situation, which she assured us was ok, and the bins could be accessed.  

Coupon-mad

Remove this entire phrase but the rest is fine:

" The defendant had to park across 2 spaces, but ..,"


Was the relative disabled or do they have mobility issues or long term medical condition that means they can't walk far?

Debunked

OK will do
They did, unfortunately they are no longer with us. This PCN was nearly 6 years ago.

Debunked

Also I'm sorry take out  everything below that sentence or just that sentence.

Coupon-mad

Obviously only remove the phrase I quoted. 

You need to state that the passenger has since died but were disabled due to chronic xxxxxx and xxxxxxxx (medical conditions) thus the verbal agreement of the restsurant staff to park there was express permission and a 'reasonable adjustment' under the Equality Act 2010. 

Galloglass

thus the verbal agreement of the restsurant staff 

It would be helpful to get the restaurant to confirm this would have been their policy at the time - if true

as I was driving this time Stevenage leisure car park back in 2017!

So nearly timed out and you're going to provide the details to them so they can progress it. Remember, they have to prove the case and all they have is some pics. 

Would suggest in this case, less is better.