Parkingeye PCN and letter of claim from DCB Legal

Maluma_Fan

Thank you for spotting that, is there any way to remove the image from the post, I can't seem to find how to edit a post? 
Thank you for the very helpful responses. I will use the NEWBIES thread post to support with filing the Acknowledgement of service as I have a few other deadlines and would need the extra time to prepare my defence 

KeithP

Maluma_Fan said:

Thank you for spotting that, is there any way to remove the image from the post, I can't seem to find how to edit a post?

As a new poster you are unable to edit your posts.

Instead, hit the Report button -  - below your post and ask MSE Forum Team to remove the image of the Claim Form from that post.

Maluma_Fan

Hi all, any advise on what to include in the defence statement under 
3. [EXPLAIN IN YOUR OWN WORDS...NB: defences are written in the THIRD person as 'the Defendant', not 'I did this' nor 'my/me']. 
Based on my situation, would it be appropriate to say The Defendant's vehicle entered the car park and the Defendant subsequently paid for a parking ticket using the PayByPhone app at <CAR PARK ADDRESS>. The Defendant paid for another parking ticket through the PayByPhone app due to needing an extended duration at an appointment, however there was a delay due the mobile phone battery dying. The alleged late exit of the Defendant’s vehicle from the car park was due to circumstances beyond the Defendant’s control, and as such constitutes frustration of contract.

Coupon-mad

Just read a few threads!  Everyone on every court claim / defence thread has written & shown their paragraph 3 stuff.  This isn't difficult.

And of course add the HHJ Murch judgment image (the one you read about this month if you are reading threads as regularly as defendants should be) and maybe the other similar orders, as seen in the threads by @andyl3004 and @xavian1234

Le_Kirk

Maluma_Fan said:

The alleged late exit of the Defendant’s vehicle from the car park was due to circumstances beyond the Defendant’s control, and as such constitutes frustration of contract.

Unless the POC on the claim form states exactly why/how you breached the terms of their parking contract do not do their job for them.

Maluma_Fan

Thank you I have amended it based on both your feedback and added additional paragraphs using the linked posts to the template found in newbies. Would this be okay to submit?

3. The Defendant's vehicle entered the car park and the Defendant subsequently paid for a parking ticket using the PayByPhone app at <CAR PARK ADDRESS>. The Defendant paid for another parking ticket through the PayByPhone app due to needing an extended duration at an appointment, however there was a delay due the mobile phone battery dying. The exit of the Defendant’s vehicle from the car park was due to circumstances beyond the Defendant’s control. The Defendant is not in the habit of breaching rules and has no idea which terms they are alleged to have breached. 

4. The Defendant did not receive initial communication from the Claimant until the present Claim was submitted despite the fact that the Government's new statutory Code (linked later in this defence) requires a fresh Notice to be served at the original rate, and appeal to be made available, in cases where the first Notice was not received.

5. In addition to these facts, a recent persuasive appeal judgment in Civil Enforcement Limited v Chan (Ref. E7GM9W44) would indicate the POC fails to comply with Civil Procedure Rule 16.4 and the Practice direction to Part 16. On the 15th August 2023, in the cited case, HHJ Murch held that 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The Defendant asserts that this Claim is based upon an agreement by conduct. The Defendant asserts that the Claimant has failed to specify how Contract terms have been breached by the conduct of the Defendant in the POC. See below.

6.  Likewise, in January 2023 (also without a hearing) District Judge Sprague, sitting at the County Court at Luton, struck out a similarly badly-pleaded parking claim with a full explanation of his reasoning. See below.

7. The Defendant believes the Claim should be struck out at Allocation stage and should not have been accepted by the CNBC due to a represented parking firm Claimant knowingly breaching basic CPRs

Coupon-mad

Remove all this and you are pretty much good to sign, date and email the full 30-something paragraph defence:

however there was a delay due the mobile phone battery dying. The exit of the Defendant’s vehicle from the car park was due to circumstances beyond the Defendant’s control. The Defendant is not in the habit of breaching rules and has no idea which terms they are alleged to have breached. 

Except I don't like the fact you've only used the two Luton cases which makes it look like this is only an isolated issue from Luton court area.  There are 4 orders/judgments to show.

Here's some wording I wrote that you can copy:

https://forums.moneysavingexpert.com/discussion/comment/80314298/#Comment_80314298

Maluma_Fan

Hello, just an update I have received an email from DCB Legal Ltd saying they intend to proceed with the claim but offering settlement. They attached their directions questionnaire. Although I haven't received one myself, I have began filling one too using the info on Bargopole's thread Court Claim Procedure (updated October 2016). I noticed in section D1 they have put
'There are factual disputes that will need to be heard by the judge directly and the Claimant will need the opportunity to cross examine the Defendant and test any evidence put forward by the Defendant. 
There are also complex issues of fact and law that will be best argued orally.' 

I am just wondering is that usual? And would my response to this section still be 'The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s home court, pursuant to CPR 26.2A(3)”. or would I remove first section and just request for an oral hearing? 

Thank you to anyone that can help 

Le_Kirk

Completely normal, as you will already have read in the NEWBIE sticky or in the 12 step process that you find in the template defence thread.

Umkomaas

Precursor to a likely discontinuation. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1