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CCBC for a PCN I can't really recall - Great Success!!!!

cazmantis
cazmantis Posts: 26 Forumite
Eighth Anniversary 10 Posts Combo Breaker
edited 23 February 2024 at 11:11AM in Parking tickets, fines & parking
Hello everyone. I received this CCBC today (issue date 9th Aug). After panicking for a bit I sought reason and came to this forum and have been reading up on them. I understand I need to fill out the AoS then prepare my defence and I understand there are templates in post 2 of the newbies thread. I just want to make sure I get this right. I was considering just going ahead and paying it (£332 all in and they have added interest and court fees on top - it's DCB Legal) but it's been at least 5 years since I accidentally parked in (I think) a residential area (the actual postcode on Google maps which they have used on the PCN doesn't correlate to the postcode of where I was when I receive the PCN - it's like one street over) and paying is really going to sting. What are the risks here if I defend? Thanks in advance (also slight hope that user Umkomaas responds as that was a town I would regularly visit when diving at Aliwal Shoal and was surely an obscure reference to see on this forum!) :-) 
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Comments

  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    cazmantis said:
    Hello everyone. I received this CCBC today (issue date 9th Aug). After panicking for a bit I sought reason and came to this forum and have been reading up on them. I understand I need to fill out the AoS then prepare my defence and I understand there are templates in post 2 of the newbies thread. I just want to make sure I get this right. I was considering just going ahead and paying it (£332 all in and they have added interest and court fees on top - it's DCB Legal) but it's been at least 5 years since I accidentally parked in (I think) a residential area (the actual postcode on Google maps which they have used on the PCN doesn't correlate to the postcode of where I was when I receive the PCN - it's like one street over) and paying is really going to sting. What are the risks here if I defend? Thanks in advance (also slight hope that user Umkomaas responds as that was a town I would regularly visit when diving at Aliwal Shoal and was surely an obscure reference to see on this forum!) :-) 
    Aaargh!!! Do not contemplate paying this at all! If you follow the advice, the most you will be charged is £0. Your choice.

    Which PPC? Either way, if the intellectually malnourished scammers at DCB Legal have been instructed, you know that it is a no-hoper case and if defended robustly using the template defence, it will be discontinued before reaching court. In the incredibly remote off-chance that this did get to court and you lost, you'd still pay less than the £332 you've quoted.

    So, thems your choices. Pay and be marked as a "mug" or defend, gain a valuable life lesson, have a bit of Schadenfreude when they discontinue and go treat yourself when you realise you've just saved yourself £332 by not paying the scammers.
  • cazmantis
    cazmantis Posts: 26 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    It's with Met Parking "Services". Can I do the AoS on moneyclaim.gov.uk?
  • cazmantis
    cazmantis Posts: 26 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    I'm just thinking about what I will say in my defence above the templated paragraphs helpfully supplied in the newbies thread. The PCN was from several years ago and I can't recall what I was doing there (it would have been something like dropping something off to someone who lived in one of the houses). The area has been completely redeveloped since the PCN issue and none of the original parking signs are intact. I can't even recall details of what was there before but I think it was just one small sign on the side of the road, nothing as you drive in. 
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    cazmantis said:
    It's with Met Parking "Services". Can I do the AoS on moneyclaim.gov.uk?
    You do the AoS online with the MCOL. DO NOT submit your defence through MCOL. Not even a single full stop, otherwise that will be the sum total of your unformatted defence.

    Don't submit your AoS before the 15th of August. As long as you do the AoS before 28th August, you will then have up to 4pm on Monday the 11th September to submit your defence. @KeithP will verify.

    The second post in the Newbies/FAQ thread gives you all the information you need to be aware of, from LoC through to dealing with a claim.
  • Coupon-mad
    Coupon-mad Posts: 152,826 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just say what you know or don't know, as your para 3.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    cazmantis said:
    I received this CCBC today (issue date 9th Aug).
    It looks like you may have received a Claim Form from the County Court Business Centre.

    If that's the case, then with a Claim Issue Date of 9th August, you have until Tuesday 29th August to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 
    To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.
    Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 11th September 2023 to file your Defence.
    That's almost 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.
    Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.
  • cazmantis
    cazmantis Posts: 26 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    Hi all, 

    Here is what I plan to say in my paragraph 3 - I honestly don't know what else to add and I don't want to put to much speculation. Honestly I can't exactly recall what time of day I was parked there and as the site has been redeveloped there's not much I can add about the current signage. I'm not sure if there's a way for me to obtain the original photos of my car parked at the site? Anyhoo here's my para 3:

    3. Owing to the fact the incident happened approximately five years ago the Defendant cannot recall why they were there. The Defendant cannot recall seeing any signs related to restrictions on entry.

    The other bits to include are the header text stating claimant and defendant and paragraphs 1, 2 and 4. Do I need to include paragraphs 5-19?

    I then plan to e-mail this to CCBCAQ@Justice.gov.uk following the instructions on the post "Template defence to adapt for all parking cases with added 'admin/DRA' costs - edited 31st July 2023". https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1 

    Thanks all!
  • Umkomaas
    Umkomaas Posts: 43,437 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 20 August 2023 at 9:35PM
    Thanks in advance (also slight hope that user Umkomaas responds as that was a town I would regularly visit when diving at Aliwal Shoal and was surely an obscure reference to see on this forum!) :-)  
    I've just noticed your thread - have been mega busy of late, including, significantly, sorting my upcoming return to ZA. 

    Just go through the required court processes and this will get nowhere near a court hearing - none of them do when properly defended. There really are no catches, just follow the guidance in the NEWBIES FAQ Announcement, second post, and the Template Defence Announcement, and in due course, you'll find me adding your username and thread to the DCB Legal Discontinuation thread of shame!

    https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 152,826 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 August 2023 at 12:35AM
    cazmantis said:
    Hi all, 

    Here is what I plan to say in my paragraph 3 - I honestly don't know what else to add and I don't want to put to much speculation. Honestly I can't exactly recall what time of day I was parked there and as the site has been redeveloped there's not much I can add about the current signage. I'm not sure if there's a way for me to obtain the original photos of my car parked at the site? Anyhoo here's my para 3:

    3. Owing to the fact the incident happened approximately five years ago the Defendant cannot recall why they were there. The Defendant cannot recall seeing any signs related to restrictions on entry.

    The other bits to include are the header text stating claimant and defendant and paragraphs 1, 2 and 4. Do I need to include paragraphs 5-19?

    Include the entire template defence!

    I am shocked that you want to drop all the extra points in it?!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • cazmantis
    cazmantis Posts: 26 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    cazmantis said:
    Hi all, 

    Here is what I plan to say in my paragraph 3 - I honestly don't know what else to add and I don't want to put to much speculation. Honestly I can't exactly recall what time of day I was parked there and as the site has been redeveloped there's not much I can add about the current signage. I'm not sure if there's a way for me to obtain the original photos of my car parked at the site? Anyhoo here's my para 3:

    3. Owing to the fact the incident happened approximately five years ago the Defendant cannot recall why they were there. The Defendant cannot recall seeing any signs related to restrictions on entry.

    The other bits to include are the header text stating claimant and defendant and paragraphs 1, 2 and 4. Do I need to include paragraphs 5-19?

    Include the entire template defence!

    I am shocked that you want to drop all the extra points in it?!
    I just thought I had read somewhere that it was only paras 1-4 but based on your feedback sounds as though I had got that wrong. Thanks for confirming, will include everything. Now it seems all I need to do is print, sign, scan and e-mail which I'm quite happy to do today. No sense in waiting is there? 
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