Parking Eye(Beehive Centre) : DCBLegal Letter of Claim - NTK never received at new address

KeithP

_kris1010_ said:
(i)  @KeithP suggested below. Probably a stupid question, do I need to send the Defence in 1st class signed delivery type of postage to the county court? 
Thanks.

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'.

No, that is definitely not the right thing to do.

You have quoted from my earlier post.
In that very same post that you lifted that quote from, and just a few lines above it, I wrote...

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.

Can you see the words by email in there?

The opening post of the template Defence thread describes exactly how to file a Defence.


And after reading your Defence, it looks like you may not have even found that template Defence thread yet.
I don't recognise your Defence. Where did you find it?

Coupon-mad

It's an old one because it has the 2019 (or older) short statement of truth.

1505grandad

And it is PE

_kris1010_

Thanks @KeithP. I found the instructions for sending Defence by email now.

THEN - UNLESS YOU HAVE A PARKING EYE CLAIM (DIFFERENT) - READ THIS TEMPLATE DEFENCE AND EDIT IT TO SUIT:
https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

Apologies I had missed this. Reading above headline in Newbie's second post, I didn't check template defence as it was a ParkingEye case.

I don't recognise your Defence. Where did you find it?

@KeithP, I had read the following defence (again from second post of Newbie's thread) and edited it based on my understanding as it was mentioned not to use template defence in case of ParkingEye:

Here is a 2018 defence where P/Eye use ANPR alongside a Pay & Display machine, then try to morph the £4 tariff into £100 damages:
https://forums.moneysavingexpert.com/discussion/comment/74850073#Comment_74850073"Quote"> It's an old one because it has the 2019 (or older) short statement of truth.

@Coupon-mad, thanks for spotting that. I have amended the defence with statement of truth (applicable from 6 April 2020) but kept the rest as same.

Can you please check my defence again and see if you think it still makes sense?

Please note that I have added #2.1 and #2.2 based on my circumstances.

Any review comments would be much appreciated. Many thanks again.

KeithP

_kris1010_ said:

I didn't check template defence as it was a ParkingEye case.

Ah, yes. Understandable.

I remember that for ParkingEye cases the second post of the NEWBIES thread does suggest a different Defence template.
Unfortunately that post of the NEWBIES thread doesn't then direct one to use the opening post of the Template Defence thread when it comes to filing a ParkingEye Defence.

Perhaps @Coupon-mad could update the second post of the NEWBIES thread to add a few words clarifying that. 

Coupon-mad

*I have now received 'Claim Form' (amounting around £250)"

As it's a DCBLegal claim (notwithstanding that the C is ParkingEye) you can and do use the Template Defence...in fact you also add the extra paras seen in the defence by @Johny86

_kris1010_

Thanks @Coupon-mad and @KeithP, I would follow the suggestion of using Template Defence.

In fact you also add the extra paras seen in the defence by @Johny86

May I ask if this is the right link to Johny86's defence that you're referring above? (sorry I couldn't find that info from Newbie's thread):

https://forums.moneysavingexpert.com/discussion/comment/79886196/#Comment_79886196

_kris1010_

That Template Defence was actually super helpful. I am thinking to add the following points in my defence for my circumstances:

3. As stated in the claim form the alleged original incident took place on ##/10/2021. The defendant received neither a Penalty Charge Notice nor a notification of any fines until the Letter of Claim received on ##/02/2023, almost after 16 months since the alleged incident took place, and thus could not dispute or appeal against it.

4. The defendant had provided a timely response to the Letter of Claim on ##/03/2023 well within 30 days since the Letter of Claim’s issue date  ##/02/2023. As per Section 4.5 of Pre-Action Protocol for Debt Claims - October 2017, the defendant should have been contacted by the claimant upon receiving reply form but the defendant has never received a response from the claimant, instead a Claim Form has been issued dated ##/04/2023 which is grossly unfair to the defendant.

I am going through @Johny86's defence in the meantime and would include relevant paragraphs, but in the meantime if you can review above points, that would be grand. Thanks.

Le_Kirk

3. As stated in the claim form the alleged original incident took place on ##/10/2021. The defendant received neither a Penalty Charge Notice nor a notification of any fines until the Letter of Claim received on ##/02/2023, almost after 16 months since the alleged incident took place, and thus could not dispute or appeal against it.

Did you mean Penalty Charge or Parking Charge?

_kris1010_

Did you mean Penalty Charge or Parking Charge?

@Le_Kirk , thanks for having a look. I meant PCN (Penalty Charge Notice). If you read from start of this thread, I had mentioned that we never received PCN (potentially due to change of address close to the incident date). Do you think 'Parking Charge' is better term to use here?