ECP DCB County court claim defence keying error

AndrewS1973

Hi, based on the comments I've rejigged it:  Thanks!

3. On the 13th December 2022 at 18.06, the defendant, as acknowledged by the claimant, paid (their primary obligation) £1 to park for one hour at the The Broadway carpark in Bedford operated by Euro Car Parks.  The defendant did not overstay or park in multiple bays or obstruct the operation of the car park (their secondary obligation). The defendant did, however, make an error when keying in their numberplate details. The Claimant was immediately alerted to this with an early appeal by the Defendant. However, the Claimant is still seeking £170 despite there being no commercial loss to them or the landlord. The Beavis case is also authority that a PPC cannot charge whatever it likes in any circumstances. 

A professional parking operator would have cancelled the parking charge because an incorrect vehicle registration plate is not a valid or lawful justification to penalise motorists.  There is no legitimate interest in pursuing a motorist for a mere typo and the Government confirmed this fact in February 2022. The incoming statutory Code of Practice (now being finalised by the new Government) requires all 'keying error' cases to see all PCNs cancelled because VRM entry with such a disproportionately punitive financial risk places an unfair burden upon consumers 'out of all proportion' to the alleged breach and fails the test of fairness (s71. Consumer Rights Act 2015).

Coupon-mad

Nice! Put that within the template defence and give that last paragraph a number 3.1. Sign &date it and email it to the CNBC, as shown in the Template Defence thread.

MUST be done before 3.30pm today. Include the words 'URGENT - Defence' in the subject line as well as the Claim Number carefully checked.

AndrewS1973

Thanks a lot. Emailed and acknowledgement received. It says I might hear more in 10 days. Will let you know how things progress.

AndrewS1973

Hi. I had my arbitration phone call, which was slightly bizarre. An apologetic lady shuttled between me (£10 offer) and ECP (£250 offer). Strangely we couldn’t reach an agreement. I’ve now had a letter saying the case is being dealt with by the court in St Helens, despite me requesting a hearing closer to home (Bedfordshire). If it goes to court, do you know if will I have to go all the way up there?  Thanks  a lot

Coupon-mad

AndrewS1973 said:

Hi. I had my arbitration phone call, which was slightly bizarre. An apologetic lady shuttled between me (£10 offer) and ECP (£250 offer). Strangely we couldn’t reach an agreement. I’ve now had a letter saying the case is being dealt with by the court in St Helens, despite me requesting a hearing closer to home (Bedfordshire). If it goes to court, do you know if will I have to go all the way up there?  Thanks  a lot

Have you complained to St Helens and HMCTS like everyone else recently, whose cases were wrongly allocated to St Helens?

Search the forum! This poster just got the case transferred by complaining to St Helens court and insisting:

https://forums.moneysavingexpert.com/discussion/6592865/court-claim/p7

Le_Kirk

AndrewS1973 said:

Hi. I had my arbitration phone call, which was slightly bizarre. An apologetic lady shuttled between me (£10 offer) and ECP (£250 offer). Strangely we couldn’t reach an agreement. I’ve now had a letter saying the case is being dealt with by the court in St Helens, despite me requesting a hearing closer to home (Bedfordshire). If it goes to court, do you know if will I have to go all the way up there?  Thanks  a lot

Is it allocated as a F2F or remote hearing?

AndrewS1973

First, the good news - I received an email from DCB legal saying they will no longer pursue the case - so a huge thank you for all your help.

Less good is that I have just received a letter from HM Court and Tribunals saying that DCB legal is making a claim on behalf of ECP for me overstaying a parking session by 13 minutes. For some reason, I had it in my head that you got 15 minutes' grace, but obviously not. I hadn't thought they would be so petty to take this all the way.

Looking through recent posts, it seems that the CEL Costco case that you mention might be relevant in my defence, but I can't find your recent thread when I search for it. Any hints?

Thanks a lot

A

Gr1pr

Please post a redacted picture of the N279 document so your success can be added to the discontinuations thread by Umkomaas 

Please start a new thread with your new court claim too

Coupon-mad

AndrewS1973 said:

First, the good news - I received an email from DCB legal saying they will no longer pursue the case - so a huge thank you for all your help.

Less good is that I have just received a letter from HM Court and Tribunals saying that DCB legal is making a claim on behalf of ECP for me overstaying a parking session by 13 minutes. For some reason, I had it in my head that you got 15 minutes' grace, but obviously not. I hadn't thought they would be so petty to take this all the way.

Looking through recent posts, it seems that the CEL Costco case that you mention might be relevant in my defence, but I can't find your recent thread when I search for it. Any hints?

That one is only for CEL in-house claims, so stop looking for that. Start a new thread about that one.

Please please show us the attached NoD so that we can count this discontinuance!

AndrewS1973

Hi, here you go. Is this OK? I also noticed that just a few weeks before, they had sent me an option to settle for £80, which I'd ignored!