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I Park Services Ltd - DCB Legal - CCBC Letter

Hi All,

I am hoping to get a little advice regarding the CCBC letter (from DCB Legal) which I received in the post yesterdat - letter is dated 01st February 2023.

Just for background the PCN was issued to me on 22nd April 2022, from I Park Ltd,  This particular carpark had an ANPR camera installed which captured my vehicle as I entered. The thing I am shocked about is the fact that they had issued a fine due to non payment for being on the site for 11 minutes, 43 seconds. which is outrageous and almost laughable. I entered at 14:28:39 and left at 14:40:22.  The reason I didn't pay during this time because was because I had left my wallet at home rushing to the hospital to see a family member. During the 11 minutes I had been searching my car for cash as I usually have loose change in the car, unfortunately I couldn't find enough to pay for the minimum park time, so I called a family member to let them know I would need to go home and come back. 

Hopefully other onsite cameras would be able to verify that I never left the site once during this time, I was actually really shocked to see this fine when it arrived in the post. 

I will be honest I never replied to the many letters that have come through the post, I can now see now that this was not a wise decision as I could have shut this down months ago. 

To show that I did intend on paying I went home to collect my wallet and paid on a site next door via ringo - receipt attached for proof 

I have read some of the threads and understand that I now need to complete the AoS - which I will do now.
Any other advice please?

TIA

Adam





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Replies

  • edited 7 February at 10:07PM
    KeithPKeithP Forumite
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    edited 7 February at 10:07PM
    AJ_Leeds said:
    I am hoping to get a little advice regarding the CCBC letter (from DCB Legal) which I received in the post yesterdat - letter is dated 01st February 2023.

    I have read some of the threads and understand that I now need to complete the AoS - which I will do now.
    Hello and welcome.
    I am going to assume that 1st February 2023 is the Issue Date on your County Court Claim Form. Please confirm.

    With a Claim Issue Date of 1st February, you have until Monday 20th February 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 6th March 2023 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'.
  • AJ_LeedsAJ_Leeds Forumite
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    Hi KeithP, Thank you for your guidance and the prompt response regarding my case. 

    You are correct the issue date on the CC Claim form is 1st February. 

    I will file the FoS today and follow the guidance via the dropbox file as specified.

    Further update to follow. 

    ATB


  • AJ_LeedsAJ_Leeds Forumite
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    Hi Keith,

    I have now written my defence piece in TP, can I share here with you and the team for your kind review/critique? 

    I come across the below:

    "Send your defence to the CCBCAQ email address given by KeithP in all the other recent claim/defence threads we need you to read first"

    I have found the email address [email protected] - is this you guys please?

    Also once reviewed I believe I should send my defence to 
    [email protected] and DCBL only email I can find is [email protected]

    Is there a cover letter email template I should use when sending to them?

    Thanks for all of your Support 

    AJ
  • Boat_to_BoliviaBoat_to_Bolivia Forumite
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    Yes you can post your redacted defence here, but only paragraphs 2 and 3 and any other paragraphs you have added.

    You don't need to post the whole template.
  • edited 18 February at 4:18PM
    KeithPKeithP Forumite
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    edited 18 February at 4:18PM
    AJ_Leeds said:
    Hi Keith,

    I have now written my defence piece in TP, can I share here with you and the team for your kind review/critique? 

    I come across the below:

    "Send your defence to the CCBCAQ email address given by KeithP in all the other recent claim/defence threads we need you to read first"

    I have found the email address [email protected] - is this you guys please?

    Also once reviewed I believe I should send my defence to 
    [email protected] and DCBL only email I can find is [email protected]

    Is there a cover letter email template I should use when sending to them?

    Thanks for all of your Support 

    AJ

    That email address you have found is several years out of date.

    My earlier post pointed you towards - indeed gave you a link to - the second post of the NEWBIES thread.

    That second post of the NEWBIES thread has these words in it...

    The opening post of that Template Defence thread explains exactly how you might file your Defence with the CCBC.

  • AJ_LeedsAJ_Leeds Forumite
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    Yes you can post your redacted defence here, but only paragraphs 2 and 3 and any other paragraphs you have added.

    You don't need to post the whole template.
    Thank you Boat_to_Bolivia my draft defence is as follows: 

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

    3. The Defendant (D) was issued a PCN on 22nd April 2022, from the Claimant (C) I Park Services Ltd against KX11 JVP for parking at Beckett St, Leeds, LS9 7JX site for a duration of 11:43. The particular carpark captured the D vehicle KX11 JVP via ANPR which confirms that D entered the C carpark at 14:28:39, and left at 14:49:22. The ANPR camera failed to see that the D did not leave the site once during the duration of stay and therefore does not constitute as a parking stay. The D did not use the site to park during this time and therefore refuses to accept any charges during the date and time, it is a request from the D that any onsite CCTV footage is reviewed to confirm the validity of the above statement.

    During the time D was on site, the duration of the time was made attempting to make valid payment, which was made difficult due to issues with online parking services. The D therefore made contact with a family members to inform them that they will have to leave and return later. D left the site and returned making full payment via an alternative parking facility. [Receipt of parking is available upon request] 

    Thank you Adam

  • Coupon-madCoupon-mad
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    There is no onsite CCTV.

    Your draft is confusing.

    I don't know what you mean by:

    "The ANPR camera failed to see that the D did not leave the site once during the duration of stay and therefore does not constitute as a parking stay."

    or

    "D left the site and returned making full payment via an alternative parking facility."
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_KirkLe_Kirk Forumite
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    Too much for a defence, it reads more like a witness statement. 
  • AJ_LeedsAJ_Leeds Forumite
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    There is no onsite CCTV.

    Your draft is confusing.

    I don't know what you mean by:

    "The ANPR camera failed to see that the D did not leave the site once during the duration of stay and therefore does not constitute as a parking stay."

    or

    "D left the site and returned making full payment via an alternative parking facility."
    Hi Coupon, forgive me this is the first time I have ever attempted to do this and i'm clearly struggling to articulate myself so apologies.

    I was just trying to explain that my vehicle was picked up via ANPR when I entered the carpark, and when I got there I couldn't pay as I had no cash on me, so I left in my car without parking. I wanted to make it known that I didn't leave the vehicle unattended on site (so they know I was trying to park without making payment) As you can see the duration of stay was approx 11 minutes. As I didn't happen to have cash on me or in my car to pay I left the site (albeit after 11 minutes) to go home and get my wallet. I then returned some time later but parked at a different carpark next door as I was able to  use the ringo app. 

    Hope this makes sense I now just need to somehow get this into my defence.

    Thank you 

    Adam
     


  • AJ_LeedsAJ_Leeds Forumite
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    Le_Kirk said:
    Too much for a defence, it reads more like a witness statement. 

    Hi Le_kirk,

    Its my first time doing this, any ideas what I've done wrong is it too detailed and in depth about the situation?

    I can imagine you've seen many of these but unfortunately writing isn't my strong point.
    Appreciate this may be frustrating when trying to assist and provide guidance.


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