DCB Legal Ltd taking me to court on behalf of ParkingEye

oddynoki

I will be using one of the templates for my defence but have a couple of questions that hopefully someone can answer
Why does it say on the form "the driver agreed to pay within 28 days"? I didnt agree to pay anything. Is this just standard ie. appears on every claim form?
Also, I have previously read on the forums about a £50 charge which they cant add? I cant find the thread now, is it anything to do with the £50 added on my claim form?
I also read somewhere that ParkingEye have their own legal department that issues the claims and they dont use outside firms, but they are using DCB Legal Ltd?

oddynoki

Here is the claim form

[Image removed by Forum Team]

KeithP

Hello and welcome.

oddynoki said:

Why does it say on the form "the driver agreed to pay within 28 days"? I didnt agree to pay anything. Is this just standard ie. appears on every claim form?

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

What is the Issue Date on your Claim Form?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

oddynoki

Issue date is 12th September, I have uploaded it above
I have not filed an Acknowledgment of Service yet

KeithP

oddynoki said:

Issue date is 12th September, I have uploaded it above
I have not filed an Acknowledgment of Service yet

Ah... I didn't see that earlier.
Btw... you have left your MCOL password showing.

With a Claim Issue Date of 12th September, you have until Monday 2nd October 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 16th October 2023 to file your Defence.

That's well over three 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'.

oddynoki

Thank you Keith for your comprehensive reply, it is very helpful
I see I left the password in but I cannot seem to delete the image?

How can I get hold of a copy of the contract between the landowner and ParkingEye? I have read a comment on the internet by a barrister who had parked in the same car park in the same month as me. He went through POPLA (I did not) and apparently the contract had expired at the time of parking.
The barrister states, "Section 7 of the BPA clearly states that the parking operator MUST have authorisation from the landowner regarding the issuance and persuit of "fines"."
Can I request this under the data protection act? 

Umkomaas

How can I get hold of a copy of the contract between the landowner and ParkingEye?

You will only receive that much later in the process (Witness Statement stage, maybe early/spring 2024).  You include in your Defence that strict proof of a contract between the landowner and Claimant was in place at the time of the parking event.

I see I left the password in but I cannot seem to delete the image?

I've asked admin to remove the claim form from the thread which will resolve it. 

Coupon-mad

oddynoki said:

Thank you Keith for your comprehensive reply, it is very helpful
I see I left the password in but I cannot seem to delete the image?

How can I get hold of a copy of the contract between the landowner and ParkingEye? I have read a comment on the internet by a barrister who had parked in the same car park in the same month as me. He went through POPLA (I did not) and apparently the contract had expired at the time of parking.
The barrister states, "Section 7 of the BPA clearly states that the parking operator MUST have authorisation from the landowner regarding the issuance and persuit of "fines"."
Can I request this under the data protection act? 

This point (requiring evidence of landowner authority) is already in the Template Defence.

As is the point about the false added £70 costs, which is NOTHING to do with the £50 legal fees (a normal court claim capped fee, which is allowed).

Show us your draft paras 2 and 3.

oddynoki

I have received this "Notice of Proposed Allocation to the Small Claims Track"....not sure what to do, not even sure what it is or means?
Any advice would be appreciated

Coupon-mad

We don't need to advise on that and we don't need to see that standard form on any claim threads. We hoped you were already prepared for each stage. That's what our resources already aim to give Defendants.

Please go back and re-read the first 12 steps in the Template Defence thread, where this is covered.

KeithP

oddynoki said:

I have received this "Notice of Proposed Allocation to the Small Claims Track"....not sure what to do, not even sure what it is or means?
Any advice would be appreciated

"Not sure what to do?" I don't understand.

That Notice clearly states...

and...

Which parts of those relatively straightforward sentences are you having difficulty with?