DCB Legal - Met Parking residential parking court claim

PartyPops

So I'm going through the court claim process with another company that DCB Legal is representing already (approaching WS stage on that one and have a seperate thread) 

Created this new thread to keep track of this new claim.
Today, I've received a Claim Form for something that happened in 2018.

Issue date is 23rd October , will be filing my AOS on Monday.
It was for a residential site where myself and the occupier was a visitor to a friend that lived there. Honestly, I can't recall exactly what happened as it was like 5 years ago but I do recall seeing letters in the past from these guys about this as it was related to parking in a disabled bay. 

I want to highlight something here before I go on further, I do not condone parking in disabled bays in any way and I think they should be used by those that have a disability as they are there for a genuine reason! In my case however, I had an elderly passenger and we didn't have anywhere else to park. In addition, I actually didn't even realise it was a disabled bay due to the insufficient signage (just disabled written on passenger side of the road on marked bay in street).

It was honestly so long ago, I can't even recall all my memory.

Question:
The Defence template I've previously used for DCB Legal was back in August and I know that it has changed since then, I just want to make sure that I'm using the most up to date one tailored for DCB Legal.

I can see here Template defence to adapt for all parking cases with added 'admin/DRA' costs - edited 31st July 2023 — MoneySavingExpert Forum there is an updated (13 October) template draft created by coupon mad, apart from amending point 2 and 3 the usual, do I need to also tailor this for DCB Legal as I read somewhere that there is a DCB Legal version or some additional points to include. Can someone kindly share these additional points specifically for DCB Legal to add onto here?

The grounds I will be claiming for is:

1. That the passenger in my vehicle is covered under the Equality Act to park there as this act does not require the driver to display any sort of badge or permit on private land.
2. No signposts / signs around the disabled bay itself , only written on floor on passengers side - driver does not see this until going around the vehicle.
3. Rubbish signage on private land , insufficient signs, wording / small print regarding parking restrictions.

KeithP

PartyPops said:

Today, I've received a Claim Form for something that happened in 2018.
Issue date is 23rd October , will be filing my AOS on Monday.

With a Claim Issue Date of 23rd October, you have until Monday 13th November 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 27th November 2023 to file your Defence.

That's over 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'.

Coupon-mad

The Template Defence already covers the extra thing to add. I updated it the other week.

PartyPops

@Coupon-mad
Can you kindly review my defence template to be submitted tomorrow hopefully ?
https://www.dropbox.com/scl/fi/9f8dfv1eo5hnbrztbvkus/Defence-CC.pdf?rlkey=m8gxrn02lgw10mk4z7axqphvw&dl=0

I have only edited 3-8 from the template.

Two questions: 
1. Is it okay to attach transcript of the CEL Chan case as an image in the defence template as shown in my template?
2. I've not included details about my case relating to parking in a disabled bay.
Such as the equalities act and also the bay markings not being clear. This is because I've quoted the CEL case that there isn't much details in the POC (they haven't stated anything about parking in a disabled bay in the POC however the previous PCN letters referred to parking in a disabled bay - cheeky) I have however talked about poor signage however the equalities act and details about bay being clear as disabled I was going to save for WS stage / in court evidence? What are your thoughts?

Thanks mate.

Coupon-mad

I'm a lady - but no worries! 

Have not had time to click on the link, sorry.

Why not just copy & paste the handful of changed paragraphs here in a reply and spare us from being asked to check our own work (don't show us the template, please).

You'll get more people looking, than a link.

You should mention you are disabled and that your blue badge will be supplied with your later WS bundle, if this poorly-pleaded claim survives being struck out on allocation

PartyPops

Coupon-mad said:

I'm a lady - but no worries! 

Have not had time to click on the link, sorry.

Why not just copy & paste the handful of changed paragraphs here in a reply and spare us from being asked to check our own work (don't show us the template, please).

You'll get more people looking, than a link.

You should mention you are disabled and that your blue badge will be supplied with your later WS bundle, if this poorly-pleaded claim survives being struck out on allocation

Sorry! 

edited bit starts from here:

Preliminary matter: The claim should be struck out

3. The Defendant draws to the attention of the allocating Judge that there is now a

persuasive Appeal judgment to support striking out the claim (in these exact

circumstances of typically poorly pleaded private parking claims, and the extant PoC

seen here are far worse than the one seen on Appeal). The Defendant believes that

dismissing this meritless claim is the correct course, with the Overriding Objective in

mind. Bulk litigators (legal firms) should know better than to make little or no attempt to

comply with the Practice Direction. By continuing to plead cases with generic auto-fill

unspecific wording, private parking firms should not be surprised when courts strike out

their claims based in the following persuasive authority.

4. 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(1)(e)

and Practice Direction Part 16.7.5. 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 same is true in this case and in view of

the Chan judgment (transcript below) the Court should strike out the claim, using its

powers pursuant to CPR 3.4.

[images of CEL v CHAN Case]

4.The defendant was a visitor in the car park at the time.

5. It is denied that the Defendant or lawful users of his/her vehicle were in breach of any

parking conditions or were not permitted to park in circumstances where an express

permission to park had been granted to the Defendant permitting the above mentioned

vehicle to be parked by the current occupier and leaseholder of [visiting address will go

here], whose leaseholder agreement permits the parking of vehicle(s) on land. The

Defendant avers that there was an absolute entitlement to park deriving from the terms

of the lease, which cannot be fettered by any alleged parking terms. The lease terms

provide the right to park a vehicle in the relevant parking area, without limitation as to

type of vehicle, ownership of vehicle, the user of the vehicle.

6. Accordingly it is denied that:

6.1. there was any agreement as between the Defendant and the Claimant

6.2. the Claimant has suffered loss or damage or that there is a lawful basis to pursue a

claim for loss.

6.3. the Claimant has suffered or incurred any 'damages’ as vaguely stated in the POC

dated; or that

6.4. the Claimant could now attempt to claim a disingenuous reward of five years

interest, as was stated on the POC on the claim form.

7. The signage lacked clarity and featured small prints that were not easily discernible,

this absence of clear and prominently displayed information impairs the driver's ability to

be fully informed about parking restrictions.

PartyPops

I would appreciate if anyone can feedback on my defence and my question about images on case transcripts in a defense being allowed

1505grandad

"You should mention you are disabled and that your blue badge will be supplied with your later WS bundle, if this poorly-pleaded claim survives being struck out on allocation"

I think members are waiting to see how you include the above as suggested by C-m

PartyPops

1505grandad said:

"You should mention you are disabled and that your blue badge will be supplied with your later WS bundle, if this poorly-pleaded claim survives being struck out on allocation"

I think members are waiting to see how you include the above as suggested by C-m

I will get that added but do you know if its allowed to add image formats into defence PDF? This is the transcript for CELvChan case being added

Le_Kirk

Just copy this defence as used by @hharry100: -
13 October at 8:59PM

Coupon-mad

PartyPops said:

1505grandad said:

"You should mention you are disabled and that your blue badge will be supplied with your later WS bundle, if this poorly-pleaded claim survives being struck out on allocation"

I think members are waiting to see how you include the above as suggested by C-m

I will get that added but do you know if its allowed to add image formats into defence PDF? This is the transcript for CELvChan case being added

Of course, which is why the Template Defence links to harry's example showing that.

Add a version of my words to your para 4 and sign & date your defence, and this early stage is done (once emailed).

See the Template Defence for the first 12 steps. See you at WS bundle stage.