Secure-A-Space PCN Defence

Matt_EA

Hi, if you have a moment please give me feedback on my paragraphs 2 & 3 from my proposed defence of a PCN claim dated 30/08/2019... Many thanks!

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

3. The Defendant has no recollection of this alleged breach on 30/08/2019 or the events surrounding it, as it was several years ago. However having viewed the street location using Google Street View footage dated March 2019 at the postcode in question, the Defendant argues that any signage that could possibly indicate parking restrictions or penalties is very difficult to see and, even if still present, is inconspicuous and in no way prominent.

Coupon-mad

Why admit to being the driver if you can't recall?  Are you the only driver of that car who would have been at that location?

Which solicitor?

What's the Date of Issue: top right of Claim form?

Done the AOS yet?  When?

Matt_EA

Coupon-mad said:

Why admit to being the driver if you can't recall?  Are you the only driver of that car who would have been at that location? Yes to the 2nd question - could amend to "2. It is admitted that the Defendant was the registered keeper of the vehicle on the date given in the Claim."

Which solicitor? DBC Legal

What's the Date of Issue: top right of Claim form? 26 JUN 2023 (received this morning)

Done the AOS yet?  When? Completed the AOS today on MCOL and successfully submitted it.

Many thanks, sorry for lack of details before - answered above.

KeithP

Matt_EA said:
What's the Date of Issue: top right of Claim form? 26 JUN 2023 (received this morning)

Done the AOS yet?  When? Completed the AOS today on MCOL and successfully submitted it.

By filing an Acknowledgment of Service so quickly you have reduced the time available to file a Defence by a few days days.

With a Claim Issue Date of 26th June, and having filed an Acknowledgment of Service on 29th June, you have until 4pm on Thursday 27th July 2023 to file your Defence.

That's 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 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'.

Matt_EA

Thank you, what is your opinion please on the below amended defence paras 2 & 3?

2. It is admitted that the Defendant was the registered keeper of the vehicle on the date given in the Claim.

3. The Defendant has no recollection of this alleged breach on 30/08/2019 nor the events surrounding it, as it was several years ago. However having viewed the street location using Google Street View footage dated March 2019 at the postcode in question, the Defendant argues that any signage that could possibly indicate parking restrictions or penalties is very difficult to see and, even if still present, is inconspicuous and in no way prominent.

Coupon-mad

Yes but also copy paras 4-11 from the defence by @Johny86 and delete the Template Defence's existing para 4 (not relevant to DCBLegal).

Matt_EA

I have used the defence from your post (here, 2nd post)... is that the right one?

Coupon-mad

Yes but I'm advising what to add.

Matt_EA

I've submitted my defence. Many thanks for your advice. Will re-read the advice about DQ and next steps now.

Matt_EA

Hi there, I submitted my defence on 30 June and have heard from neither the claimant nor the Court. Is there a time limit for me to hear back? 28 days have now elapsed. 

Coupon-mad

Nope. Next stage - DQ - is taking 2 months or more this Summer as you will see when you read more court claim threads just like yours, to learn from and be confident.

But:  IMPORTANT

PLEASE come back here in August to help yourself, as well as all UK drivers/keepers and the DLUHC with their evidence needed to support the draft Impact Assessment.

The DLUHC is specifically going to want evidence about private parking charge levels - £100 is FAR to high to penalise innocent people and drives them away from the High Streets- and we want the DLUHC to ban outright the fake £70 'admin fees' that funds the manic 'litigation race' of which you are currently a victim.

Doesn't exactly encourage consumers to pay, at that level, £170, does it?!  Horrific extortion.  Private 'PCN' levels are double that on-street and it's far too high even before the fake 'admin fee' enhancement.

We need to help the Govt change the law (NEARLY THERE) and the responses that the DLUHC will be calling for, will only be open for a few weeks (still anticipated in July, so any day now...).

Please come back in a week or two to add your own weight to the final consumer evidence push.