NEW DCB Legal PCN County Court Claim - Feedback/help for defence for 4 year old 'PCN'

Theunknownusername

Court Issue Date - 26th June 2023, AOS submitted 11th July

They are coming after me for a 4 year old 'PCN'. They have a few pictures taken seconds apart at 21:46. It's very clearly dark in the picture with no lights except the persons camera flash. In the top right corner of the picture, you can see a bulb like reflection from a street lamp way across the street which is not even close to illuminating the car park.

This is what their sign said at the time, I went back when I received the original 'PCN' in the post years ago.

I went back the other day and this is the car park and the signage now

The snooker club is still just to the right of this building you can see. There are no walls or markings to suggest 2 different car parks.

Originally it was £100 reduced to £60, it has now ballooned to £220.72 

Below is what I have put together for the defence.

The facts as known to the Defendant:

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

3. The Defendant was invited to meet friends at the [SNOOKER CLUB]. Once arriving at the establishment which is right next door to the [CLAIMERS] building, the defendant was faced with pitch black in the car parking area, only illuminated by the defendant's headlights. This was the defendant’s first time visiting the car park and the defendant was not aware of any parking restrictions in place. The defendant was aware that it was free to park in the snooker club's parking area.

4. The entrance to the car park from the road is completely unrestricted with no early signage indicating that there is a private parking rule in enforcement on the premises. The entire car park is not segregated between the buildings and various businesses, and there are no markings additional to the parking lines on the ground for each parking space. The parking spaces also do not have a sign marking the space indicating that the location is privately owned.

5. As there was a significant amount of free space available owing to the late time (on a Friday at 21:45), the defendant believing they were parking in the [SNOOKER CLUB] Car park, the defendant chose a random parking space in the darkness to prevent any damage to the vehicle from surrounding vehicles.

6. The defendant locked the car and went up the stairs unaware of the alleged parking violation. Within 5 mins the defendant had returned to the vehicle and driven off to the McDonalds in [LOCATION], well within any reasonable grace period.

Any feedback is appreciated.

KeithP

Theunknownusername said:

Court Issue Date - 26th June 2023, AOS submitted 11th July

With a Claim Issue Date of 26th June, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 31st July 2023 to file your Defence.

That's over two weeks away. Plenty of time to produce a Defence, but please don't leave the preparation of it to the last minute. However, you should leave the filing of it as late as possible.

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'.

Coupon-mad

There is now good reason to delay defence submission till close to/at your deadline (as long as you've done the AOS), Sorry if it might look conflicting with the usual advice "not to leave it till the last minute"!

It's because we are now in July and something big is coming.  Things are changing quickly this Summer and as you are now so close to the DLUHC's Announcement I would PREPARE the defence but hold off emailing it, wait and see (and of course diarise an alert for the date so you don't actually miss your deadline).

Your timing is perfect if the DLUHC in their Draft Impact Assessment (due in a couple of weeks) give us all some damning words to add!

Theunknownusername

Are there additional points I should be making in my defense? 

Coupon-mad

Yes there will be after the DLUHC analysis comes out, as I said.

Theunknownusername

Coupon-mad said:

Yes there will be after the DLUHC analysis comes out, as I said.

Don't worry I am definitely waiting till the last second if I have to! I meant the actual text that I've posted? Does it make sense? Am I making good/bad points? Something I could add/leave? I'm worried the announcement may not come in time but I guess I will wait for now.

Thanks for all your help, I really appreciate it.

edit: Lastly I just realised who you are, I am clearly talking to a legend around here so I really wouldn't want you to waste too much time on this so I will assume already you think it's good enough.

Coupon-mad

Your defence facts are great!  

I hope the DLUHC Impact Assessment has some telling analysis and wording that Defendants can use and I am confident it will be published very soon, this month.

I will be editing the Template Defence lower section to reflect the new DLUHC position as soon as I see it.  I am on the Government Steering Group but have not seen the draft IA of course (neither side has).

But I remain confident that it should reiterate the last position, due to the DLUHC Minister's damning words in Feb 2022 and the robust stuff the DLUHC has heard from the 'good' side.  Which I can't go into ... but as you'd imagine, we have always put forward pretty strong opinions and evidence.

Theunknownusername

Many thanks for the updated defence @Coupon-mad, I used the updated template and submitted a few hours before 4pm to the email as per the instructions. Got the acknowledgement. Waiting for the questionnaire now.

KeithP

Theunknownusername said:

Waiting for the questionnaire now.

Don't hold your breath.
It may well be October before you see that.

Coupon-mad

But do come back and see what we end up saying after we think about the DLUHC's IA and their Call for Evidence which is only open until Sept 24th.