DCB Legal LTD

Sukh_B_85

Hi all, so my wife has now received a claim from DCB for a ticket dating back in 2018. Weirder still, the car in question was her mothers' (which is now written off) and my wife has never been registered on that vehicle. Anyway, long and short of it, its a Nuffield gym car park, my wife and mother-in-law (MIL) were both members (MIL still is) and as the particulars of the claim are unclear, there is nothing my wife (or MIL) could have done to break any conditions as they were both members at the time.

anyway, I think i know how to base my defence submission. However any pointers to manily focus on? I see it as the follows:

1) The car is not owned by my wife and has never been registered too her. 

2) both my wife and MIL were Nuffield Gym members at the time and was allowed to park there when visiting the gym.

3) it is totally unclear as to which condition(s) have been breached?

 

POC as follows: 

AOS submitted and received on 19/09 - so just confirming i have until tomorrow 4pm to submit WS? (doing it today in any-case)

Also above @uncle@UncleThomasCobley is there a thread on how to include the ' HHJ Murch appeal judgment and request that the the claim be struck out for failing to comply with Civil Procedure Rule 16.4 and Practice Direction Part 16?' - I now have the drop box link, but how do i incorporate it as part of the defence submission?

all help as always is super appreciated!

Sukh_B_85

Also the the Issue date on the the claim form is the 14th September - however i submitted and received confirmation on the AOS on the 19/09. That does mean iI have until tomorrow 4pm to submit right?

Coupon-mad

Just copy the Template Defence thread which tells every how to add the CEL v Chan transcript.  Takes minutes to do.

Umkomaas

Sukh_B_85 said:

Also the the Issue date on the the claim form is the 14th September - however i submitted and received confirmation on the AOS on the 19/09. That does mean iI have until tomorrow 4pm to submit right?

Forum regular @KeithP will, I'm sure, be along soon to confirm your dates and early actions required. 

I notice you're using 'I' and 'My' in your posts. This is your wife's case. Can you confirm that your wife is putting her name as the Defendant. You cannot do this 'on behalf of'. By all means help with the drafting of documents, but they must be in your wife's name and under her signature. 

Did your MIL receive the first correspondence from the parking firm, then transferred liability to your wife?  If not how/why do you think your wife's name has come into the possession of the parking firm and solicitors?

Sukh_B_85

@Umkomaas - yeh apologies, for confirmation everything on this thread is for my wife. So ignore 'I' and 'My'. 

We have confirmed with the MIL and FIL that they have not had any contact with DCB. The only thing we think could be the case is that back in 2018, the parking management company had not long taken over then the car park and the gym would distribute these display cards with your name on it, to prove that you were a gym member and that the car was allowed to be parked there. This was before they had installed the digital tablet at the gym reception for you to enter your car registration. So really have no idea how they originally sent the ticket to my wife. I can also confirm that at that time my wife lived at home with both her parents as it was just before we got married. They both were also members of Nuffield.

KeithP

Sukh_B_85 said:

Also the the Issue date on the the claim form is the 14th September - however i submitted and received confirmation on the AOS on the 19/09. That does mean iI have until tomorrow 4pm to submit right?

Yes you are right with your Defence filing deadline but there might be something useful here...

With a Claim Issue Date of 14th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 17th October 2023 to file your Defence.

That's tomorrow.
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'.

Umkomaas

Sukh_B_85 said:

1. @Umkomaas - yeh apologies, for confirmation everything on this thread is for my wife. So ignore 'I' and 'My'. 

2. We have confirmed with the MIL and FIL that they have not had any contact with DCB. The only thing we think could be the case is that back in 2018, the parking management company had not long taken over then the car park and the gym would distribute these display cards with your name on it, to prove that you were a gym member and that the car was allowed to be parked there. This was before they had installed the digital tablet at the gym reception for you to enter your car registration. So really have no idea how they originally sent the ticket to my wife. I can also confirm that at that time my wife lived at home with both her parents as it was just before we got married. They both were also members of Nuffield.

1. That's good.

2. The only person the parking firm can initially write to is the registered keeper (via data from the DVLA), who you suggest is your MIL. On receipt of that first correspondence, who actually replied to the PPC? Thereafter, DCBL will be provided with that name. There is no way that either can 'magic' your wife's name from thin air. 

Was it maybe the case that, still living with her parents, your wife said 'leave this one to me' and responded to the PPC at that initial stage?

Sukh_B_85

I have asked her and she denies ever being in contact with them and the FIL and MIL have also said they have not been in contact with them - but i do agree with you, it really does not make sense as somebody had to point DCB in my wife's direction. However, not worth the domestic! My main argument will be based on 3 key points:

1 - She has never been the owner of the vehicle (should i admit this car used to be her mother's?)

2 - She and her mother are both Nuffield Gym members at the time, so they were entitled to be there.

3 - What breaches have occurred if both were gym members? the POC is totally unclear?

Castle

KeithP said:

Sukh_B_85 said:

Also the the Issue date on the the claim form is the 14th September - however i submitted and received confirmation on the AOS on the 19/09. That does mean iI have until tomorrow 4pm to submit right?

Yes you are right with your Defence filing deadline but there might be something useful here...

With a Claim Issue Date of 14th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 16th October 2023 to file your Defence.

That's tomorrow.

Tuesday is the 17th

KeithP

Castle said:

KeithP said:

Sukh_B_85 said:

Also the the Issue date on the the claim form is the 14th September - however i submitted and received confirmation on the AOS on the 19/09. That does mean iI have until tomorrow 4pm to submit right?

Yes you are right with your Defence filing deadline but there might be something useful here...

With a Claim Issue Date of 14th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 16th October 2023 to file your Defence.

That's tomorrow.

Tuesday is the 17th

Correct. Thanks. I have adjusted my original post.

Coupon-mad

Sukh_B_85 said:

I have asked her and she denies ever being in contact with them and the FIL and MIL have also said they have not been in contact with them - but i do agree with you, it really does not make sense as somebody had to point DCB in my wife's direction. However, not worth the domestic! My main argument will be based on 3 key points:

1 - She has never been the owner of the vehicle (should i admit this car used to be her mother's?)

2 - She and her mother are both Nuffield Gym members at the time, so they were entitled to be there.

3 - What breaches have occurred if both were gym members? the POC is totally unclear?

Yes that's fine.

The Defendant puts that as their facts and uses the example now linked in the Template Defence thread to include the preliminary matter & CEL v Chan transcript first.