Recent Court Document Attached..(DCB Legal)

another_victim_newbie

Good morning all,

I have read thoroughly through the forum and I want to start by thanking everybody who has contributed to help other drivers in my same position.

I have been issued with a claim form from DCB legal regarding a parking charge that was issued in 2018. They are claiming for over £300. I received letters from them insisting I paid a fine. It went from £100 to £170 for parking over 2 hours. The date of issue for this claim form is 5th Dec 2023. 

They are also currently trying to chase me (not a claim form yet!) for a parking charge at the same place for 2022. This is incorrect as a friend of mine paid this and they sent me their statement to prove they paid for their car and my car. Should I inform DCB legal of this now to stop this particular charge from turning into a claim form?

Anyway, back to the 2018 parking ticket/claim form. What would you advise my next steps are? I will put together a defence following the instructions on this site (thank you!). However, what defence would you advise? Bad signage? Would you recommend to go with this? This was a honest mistake and was unaware I had to pay. 

Any advice or guidance would be extremely helpful and appreciated

Thanks

1505grandad

Who is the claimant?

Please post copy of PoC with VRM redacted

KeithP

another_victim_newbie said:

The date of issue for this claim form is 5th Dec 2023. 

With a Claim Issue Date of 5th December, you have until Thursday 28th December 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 8th January 2024 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'.

another_victim_newbie

Thanks, KeithP. I have read this and will follow this guidance. 

When it comes to the defence - what can I include as part of my defence? I simply did not see the signs but there are signs? Is it worth fighting this?

Coupon-mad

Just read a few threads around your thread, for inspiration. See what others put. Everyone with a claim is in the same boat and they all manage to write a paragraph 3 and we win 99% of cases. Definitely worth it.

another_victim_newbie

I can't seem to find a legitimate defence for my case. Could anybody please advise? I have found a picture that I took 2 weeks after I received the original parking fine letter back in 2018. I took a picture of the sign and it was a 'Pay by phone' sign with a number on. The sign is discoloured and back then, I wasn't aware what pay by phone was. 

Do you think this could be used a defence?

Coupon-mad

Impossible to know.  Only you know what happened that day, if you were driving. It is your paragraph to draft your facts that you know.

Please post a picture of the PoC with VRM redacted, as we already asked.  You know what 'PoC' is because it's in the Template Defence you are using.

another_victim_newbie

The forum is not allowing me to post pictures for some reason?

Coupon-mad

It will if you save a screenshot of the image.

another_victim_newbie

Hi Coupon-mad.

I'm really sorry, I don't know what you mean. I am trying to upload a screenshot but still not posting? Is it because I am a newbie?

another_victim_newbie

Hi all,

I am struggling to attach a picture so I have inputted details of POC below and without VRM.


Claimant:

CP Plus LTD Group Nexus
Jack Straws Castle

Address for sending docs and payments:

DCB Legal LTD

Issue Date: 05 Dec 2023


POC:

1. The defendant is indebted to the claimant parking charge issued to vehicle ********* Road Chef Chester.
2. The PCN was issued on **/04/2018
3. The defendant is pursued as the driver of this vehicle for breach of the terms on the sign (the contract). Reason: Vehicle remained on private property in breach of prominently displayed terms and conditions.
4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2023, Schedule 4.
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 a daily rate of £.02 until judgemetn or sooner payment
3. Costs and court fees


Signed Ellen O'Donnell



Amount claimed: £251.36
Court fees: £35.00
Legal rep. costs: £50.00
Total amount: £336.36




Any help with defence would be appreciated so I can get started on defence. I have a picture of the sign that is a "PaybyPhone sign with small writing on terms and conditions". The text was also partially discoloured. I never saw the signs at the time.


Thank you all for continued support for each other. This forum is amazing.