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Dcb Legal/County Court Claim Form - PCN from 2019

2456

Comments

  • ATK86
    ATK86 Posts: 50 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    Jolly good!

    Dead easy to defend using our resources.  And read that other Spring claim thread as you need Johnersh's technical point added.

    There won't be any hearing as this case will never see a Judge's room.  You know from other threads that DCB Legal always discontinue before hearings. No worries there.
    Really mate? Is there a link to that thread and Johnersh's point.

    The location is/was a doctors surgery. Next to my old university, I parked there believing it was a free parking place. Is there anything in that worth mentioning? 
  • Coupon-mad
    Coupon-mad Posts: 157,322 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 17 December 2023 at 3:29PM
    No link.  To find it, we'd have to do the same search you need to do and that's not the way to learn how easy this forum is to search.

    BTW I'm a lady!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • ATK86
    ATK86 Posts: 50 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    Jolly good!

    Dead easy to defend using our resources.  And read other Spring claim threads (we have a few) as you need Johnersh's technical point added about the PO Box.

    There won't be any hearing as this case will never see a Judge's room.  You know from other threads that DCB Legal always discontinue before hearings. No worries there.
    Ive completed AOS and disputed all of the claim. The defences I've seen seem to be excellent but they may not be relevant to my particular case? Do you guys have any suggestions on a specific starting point for my defence? something I could refer to please.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ATK86 said:
    Jolly good!

    Dead easy to defend using our resources.  And read other Spring claim threads (we have a few) as you need Johnersh's technical point added about the PO Box.

    There won't be any hearing as this case will never see a Judge's room.  You know from other threads that DCB Legal always discontinue before hearings. No worries there.
    I've completed AOS and disputed all of the claim. The defences I've seen seem to be excellent but they may not be relevant to my particular case? Do you guys have any suggestions on a specific starting point for my defence? something I could refer to please.
    Why do you consider the Defence you have seen in the template Defence thread to be unsuitable?
  • ATK86
    ATK86 Posts: 50 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    KeithP said:
    ATK86 said:
    Jolly good!

    Dead easy to defend using our resources.  And read other Spring claim threads (we have a few) as you need Johnersh's technical point added about the PO Box.

    There won't be any hearing as this case will never see a Judge's room.  You know from other threads that DCB Legal always discontinue before hearings. No worries there.
    I've completed AOS and disputed all of the claim. The defences I've seen seem to be excellent but they may not be relevant to my particular case? Do you guys have any suggestions on a specific starting point for my defence? something I could refer to please.
    Why do you consider the Defence you have seen in the template Defence thread to be unsuitable?
    The one created by Coupon-mad? The template looks excellent but I am not knowledgable on the information contained within it. Am I likely to be questioning on the specifics within it by the claimant or judge if it goes to court?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 17 December 2023 at 5:59PM
    ATK86 said:
    KeithP said:
    ATK86 said:
    Jolly good!

    Dead easy to defend using our resources.  And read other Spring claim threads (we have a few) as you need Johnersh's technical point added about the PO Box.

    There won't be any hearing as this case will never see a Judge's room.  You know from other threads that DCB Legal always discontinue before hearings. No worries there.
    I've completed AOS and disputed all of the claim. The defences I've seen seem to be excellent but they may not be relevant to my particular case? Do you guys have any suggestions on a specific starting point for my defence? something I could refer to please.
    Why do you consider the Defence you have seen in the template Defence thread to be unsuitable?
    The one created by Coupon-mad? The template looks excellent but I am not knowledgable on the information contained within it. Am I likely to be questioning on the specifics within it by the claimant or judge if it goes to court?
    Please re-read the last paragraph of @Coupon-mad's post on your thread Today at 3:16PM.
    Tell us what you don't understand there.
  • DCBL are so boring with their consrant rubbish

    A copy and paste so called claim that adds a fake amount and claims ir's 
    DAMAGES .... WHAT A FARCE, WHAT A MONEY SCAM ?

    And signed as a statement of by some new chick called Ellen.   lying to the court is a bad idea and is contempt

    How far are you away from Manchester court ..... it would be worth the travel because Manchester court has a severe dislike for money scammes
  • ATK86
    ATK86 Posts: 50 Forumite
    Fifth Anniversary 10 Posts Name Dropper

    IN THE COUNTY COURT

    Claim No.:  xxxxxx

    Between

    Full name of parking firm Ltd, not the solicitor!

    Spring Parking LTD

    - and -  

    My Name

    DEFENCE

     

    1.  The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was in breach of any term.  Further, it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the boilerplate text in the Particulars of Claim ('the POC').

     

    The facts known to the Defendant:

    2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised, and it is admitted that the Defendant was the registered keeper and driver.

    3. The defendant was a student at University of Central Lancashire at the time of the alleged breach of contract. The defendant entered the car park and due to its extreme proximity to the University believed it to be a free parking premises provided to students by the University. Moreover, the signs displayed in the facility displayed in bold letters ‘FREE PARKING WHILST ON PREMISES’. Additionally, other signs displayed upon entering and exiting were damaged and unreadable. Therefore, the defendant refutes any contract being reached between the claimant and defendant. 

     

    The defendant believes the received latter’s from claimants’ representative claiming financial damages to be extortionate and excessive. 

    4. The Claimant will concede that no financial loss has arisen and that in order to impose an inflated parking charge, as well as proving a term was breached, there must be:

  • ATK86
    ATK86 Posts: 50 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    Hi, could you have a look at this and let me know if I can submit it as my defence please?
  • ATK86
    ATK86 Posts: 50 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    signs referenced in my defence and currently displayed at said location.
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