DCBL Parking claim- court letter- after ignoring 30 days for debt advice

zane1998

Hi

I followed the forum advice and asked the parking company for a SARS and advised DCBL I dispute the 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement.

1. I am seeking debt advice, but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
2. I have sent your client a SAR

The letter of claim from them was dated 28 November 202 2and I did not receive it until 12 December due to postal strikes etc.   I responded by email on 26 December (the delay was due to me  needing help to respond as I am dyslexic)

I have now received a N1SDT claim form  dated 29 December 2022stating they will take me to court for £329.  The initial parking fine was £60. 

I parked my car and my disabled badge slipped on to the car floor and I was unaware.  When I received the ticket I went to the management suite and they said it would be cancelled and not to worry about it.  This was in February 2017. 

When I received the court papers I contacted the shopping centre management suite and they stated that they would try and resolve, but as it was so long ago there were not sure if it would help. I provided them with a copy of my blue badge that would have been in date at that time.

Would this be statute barred as it was so long ago?

Please can someone advise me on how to respond or provide some advice? The person who is helping me with the paperwork is not available for 2 weeks.

 Thanks in anticipation

Grizebeck

No not statute barred 

Coupon-mad

The person who is helping me with the paperwork is not available for 2 weeks.

Oh dear.  There is something urgent you must do online before that, to acknowledge the claim.  It buys you more time to defend - gives you the rest of this month at least, rather than half that time.

See the second post of the NEWBIES thread, section about doing the AOS on MCOL.  Don't worry, it's shown in pictures page by page.

KeithP

zane1998 said:

I have now received a N1SDT claim form  dated 29 December 2022...

With a Claim Issue Date of 29th December, you have until Tuesday 17th January 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 Tuesday 31st January 2023 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 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'.

zane1998

Thanks for the support.  I have filed the acknowledgement of service. I will attempt to file my defence email over the weekend.

Le_Kirk

It is not recommended to send e-mail to the CCBC outside office hours as there have been recent incidents where their servers have not received or dealt with e-mail properly.

Fruitcake

What is the name of the parking compony please?

Have you complained to your MP yet?

I suggest you post your draft defence here for checking before you email it. You only need to amend and show us paragraphs 2 and 3. We do not need to see the rest of the template unless you have altered anything else, which you should not normally need to do.
If you need to add more defence points then make then paragraphs 4 onwards, remembering to renumber the rest of the template afterwards.

You should include a paragraph in your defence about your disability and your dyslexia, stating that failing to make allowances for a someone with protected characteristics is a breach of the Equality Act 2010. Failing to anticipate the needs of a person with both conditions is indirect discrimination. 
The landowner and/or the company that employed the parking company is jointly and severally liable for the actions of the unregulated parking company.

It is not a fine so don't use that word.

Where did the alleged event occur? It may have cropped up on this forum before. There may be historic photos available from 2017 on Google Streetview that might help.

zane1998

Le_Kirk said:

It is not recommended to send e-mail to the CCBC outside office hours as there have been recent incidents where their servers have not received or dealt with e-mail properly.

Thanks for letting me know.  

zane1998

Fruitcake said:

What is the name of the parking compony please?

Have you complained to your MP yet?

I suggest you post your draft defence here for checking before you email it. You only need to amend and show us paragraphs 2 and 3. We do not need to see the rest of the template unless you have altered anything else, which you should not normally need to do.
If you need to add more defence points then make then paragraphs 4 onwards, remembering to renumber the rest of the template afterwards.

You should include a paragraph in your defence about your disability and your dyslexia, stating that failing to make allowances for a someone with protected characteristics is a breach of the Equality Act 2010. Failing to anticipate the needs of a person with both conditions is indirect discrimination. 
The landowner and/or the company that employed the parking company is jointly and severally liable for the actions of the unregulated parking company.

It is not a fine so don't use that word.

Where did the alleged event occur? It may have cropped up on this forum before. There may be historic photos available from 2017 on Google Streetview that might help.

Fruitcake said:

What is the name of the parking compony please?

Have you complained to your MP yet?

I suggest you post your draft defence here for checking before you email it. You only need to amend and show us paragraphs 2 and 3. We do not need to see the rest of the template unless you have altered anything else, which you should not normally need to do.
If you need to add more defence points then make then paragraphs 4 onwards, remembering to renumber the rest of the template afterwards.

You should include a paragraph in your defence about your disability and your dyslexia, stating that failing to make allowances for a someone with protected characteristics is a breach of the Equality Act 2010. Failing to anticipate the needs of a person with both conditions is indirect discrimination. 
The landowner and/or the company that employed the parking company is jointly and severally liable for the actions of the unregulated parking company.

It is not a fine so don't use that word.

Where did the alleged event occur? It may have cropped up on this forum before. There may be historic photos available from 2017 on Google Streetview that might help.

Thank you for your support. Sorry for the delayed response I have been unwell.

What is the name of the parking company please? Uk Parking Control ltd

Have you complained to your MP yet?  Sent email yesterday

Where did the alleged event occur? Warwickshire shopping centre Coventry

It may have cropped up on this forum before. There may be historic photos available from 2017 on Google Streetview that might help. I have now received the SARS and it shows my car albeit the number plate on the picture looks photoshopped and blurred.  I did park there and went inside to the centre manager and he stated that my badge had fallen to the floor.  He advised me to ignore any letters he would get it cancelled, so I did not respond to the parking notice letter.

I have recently got in contact with the shopping centre, and they have asked for the ticket to be cancelled.  They asked for my numberplate details again on Thursday so I will chase today.

I also have another letter from DCb legal. I will post it on the thread.

I have someone coming to support me later to write the defence so I should be able to post it this evening

thanks

zane1998

The person who was going to help me won’t be abel to come for a couple of days so I will attempt this myself so that I can get this off to the court.

Shall I include DCBlegal as not adhering to the 30-day rule?  They sent a letter to me stating that because of the Christmas period my email was not placed on to the file until a claim had already been issued and that they could not put the matter on hold. They have provided me with a date of 14 February to respond to the claim.

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

3. On or around 18 February 2017, the defendant attended Warwickshire shopping park to shop for food and parked in a disabled bay.  The defendant is not sure of the precise date as it was approximately 5 years ago. The disabled parking badge was displayed and when the defendant got back to the car the blue badge was on the floor of the car as it must have slipped off the dash. and a sticker was on the window of the car.  The defendant went to see the centre manager and was advised that the ticket would be cancelled and to ignore any further notices.

The defendant has been in regular contact with the centre manager at Warwickshire Shopping Park since 6 January 2023 who is attempting to cancel the claim with the claimant.

4. The facts in this defence come from the Defendant's own knowledge and honest belief.  To pre-empt the usual template responses from this serial litigator: the court process is outside of the Defendant's life experience and they cannot be criticised for adapting some pre-written wording from a reliable advice resource. The Claimant is urged not to patronise the Defendant with (ironically template) unfounded accusations of not understanding their defence. ailing to make allowances for someone with protected characteristics is a breach of the Equality Act 2010. Failing to anticipate the needs of a person with both conditions is indirect discrimination. 
The landowner and/or the company that employed the parking company is jointly and severally liable for the actions of the unregulated parking company.

Coupon-mad

That looks fine, fitted into the whole Template Defence.