UPDATE - DCBLegal - Draft Defence Review - **I'm an idiot. I called the debt collector.**

aj54

B789 said:

Just to be clear... are you positive that the NtK is PoFA compliant? Not only the content but also the issue date of the NtK?

Yes, thanks

B789

aj54 said:

DCB have just got back to me. They've said the evidence supplied is for a different reference (obviously, they've been told it was for a separate vehicle, but same time and place!)

They've also asked me to name the driver so they can write to them and ensure the address is serviceable. If correct, liability will be transferred.

From your comments, you don't think there is an advantage to naming the driver? I haven't named them with PPC yet, only DCB via phone conversation.

Why are you even talking to them? Evidence of your phone conversation is not worth the paper it is written on. Stop talking with them. If you have to communicate, do it by email so that you have a record. You really cannot trust these bottom-dwellers.

Of course they want the drivers details. Much easier for them to chase a named driver than a driver they have no clue about.

aj54

B789 said:

aj54 said:

DCB have just got back to me. They've said the evidence supplied is for a different reference (obviously, they've been told it was for a separate vehicle, but same time and place!)

They've also asked me to name the driver so they can write to them and ensure the address is serviceable. If correct, liability will be transferred.

From your comments, you don't think there is an advantage to naming the driver? I haven't named them with PPC yet, only DCB via phone conversation.

Why are you even talking to them? Evidence of your phone conversation is not worth the paper it is written on. Stop talking with them. If you have to communicate, do it by email so that you have a record. You really cannot trust these bottom-dwellers.

Of course they want the drivers details. Much easier for them to chase a named driver than a driver they have no clue about.

As per my original post and the headline of this thread, I called the debt collector before coming to this forum. That's the only phone conversation I've had.

Coupon-mad

You ONLY name the driver (name and postal address) if that person is better placed and more robust to defend a court claim.

Never ever do it if the driver is old or young (more vulnerable to scams?) and are a weaker potential Defendant.  Especially not if they are the sort of person who would pay.

aj54

An update on this - Parkmaven support confirmed the ticket had been cancelled and no further action was required by me. Now we have received a Claim Form. I've questioned this on Parkmaven's support system and no reply.

AoS done, now I need to write my defence...

Could somebody check the wording for paras 3 - 5 of my defence please? (Template from the sticky thread)

Basically, the driver (my wife) paid for parking at a Premier Inn, run by Parkmaven, along with my sister-in-law. They both received a PCN - sister-in-law had hers cancelled with Parkmaven saying it was a technical error.

We have signed and stamped bank statements to prove payment was made, as well as a copy of the letter sent to my sister-in-law, with Parkmaven admitting fault.

Is that enough? Do I need to add anything else?

3. The driver of the vehicle (the defendant’s then-fiancée, now wife) parked at Perrycroft Road (Premier Inn Haywards Heath) and stayed the night in Premiere Inn. The driver paid the parking fee and has bank statements to prove this (stamped and signed by her bank). 

 

4. The driver was accompanied by the defendant's sister-in-law, who also paid for parking for a separate vehicle minutes later than the driver. The defendant's sister-in-law also received a Parking Charge Notice, which was cancelled by the Claimant. The reason for this, in the Claimant’s own words, was ‘a technical error which meant [your] vehicle registration was not sent through from the booking platform (YourParkingSpace) to our PCN processing system.’ 

 

5. The defendant has told the claimant that payment for parking had been made on the day of parking, and proof of payment has been sent to the claimant. On 27th September 2023, the claimant sent the defendant a message through its support system stating ‘this ticket has been cancelled. For clarity, no further action is required.’ 

Thanks!

KeithP

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

aj54

Issue date is 30 Oct 2023.

Filed AoS on 10th Nov 2023

1505grandad

You are stating a lot of information  -  as the Defence is in response to the POC can you post a redacted copy of the POC on the claim form?

aj54

1505grandad said:

You are stating a lot of information  -  as the Defence is in response to the POC can you post a redacted copy of the POC on the claim form?

Yes, here it is - 

1. The Defendant(D) is indebted to the Claimant(C) for a Parking Charge(s) issued to vehicle XXXXXX at Perrycroft Road (premier Inn Haywards Heath), Haywards Heath RH16 3DN 2. The PCN details are 10/07/2022 XXXXXX 3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s). 4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The Contract entitles C to damages.
AND THE CLAIMANT CLAIMS
1. £170 being the total of the PCN(s) and damages. 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at the daily rate of £0.02 until judgment or sooner payment. 3. Costs and court fees

aj54

Coupon-mad said:

We have signed and stamped bank statements to prove payment was made, as well as a copy of the letter sent to my sister-in-law, with Parkmaven admitting fault.

Is that enough? Do I need to add anything else?

You don't attach anything with a defence.

You also appear to have missed the Template Defence's point about woeful POC (there's a link in the Template Defence to the extra paragraphs you need and the CEL v Chan images of that transcript).

I can't understand how people keep missing that vital additional stuff that is there in the Template Defence.

Sorry Coupon-mad - my understanding was that paragraphs 4 onwards of the template would be the same for everyone.

A search of 'woeful' in the template brings up paragraphs that have no instructions to amend.

Paragraphs 2 and 3 are the only paragraphs with instructions to amend, so I only posted paragraph 3.

Is this not correct?

Thanks for your help.