Defense Help needed for civil court Parking Claim - DCB Legal

SimHelp

This is my statement - quick question - would I be able to use point 2 and 5 in my case - do these apply to me?

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 went to Co-Operative on day of the alleged breach and purchased groceries located on site at this car park. Following this they then also visited the charity shop at The Bridge Shopping Centre but did not make a purchase. 

The Defendant noticed that the ticket machine to enable free parking at the site was out of order near their car so went to another machine to obtain a ticket for free parking but forgot to display in the window of the car. 

Following the receipt of the PCN the defendant returned to the site and found that Parking Restriction signs on the Bridge Shopping Centre car park were small, obscure, and positioned in out of the way places.

 

Appeals for the PCN were sent to Spring Parking showing evidence of the obtained ticket but this was rejected.  A further appeal was sent to the Co-Operative as the defendant is a member and could provide proof of purchase in store on that day but this was also rejected by the claimant.

4.  Further and in the alternative, the claim form is defective, per CPR PD 16, 2.1: "The claim form must include an address (including the postcode) at which the claimant lives or carries on business, even if the claimant’s address for service is the business address of their solicitor."  

A PO Box is not a valid registered company address, held HHJ Paul Matthews in Smith v Marston Holdings Ltd & Anor [2020] EW Misc 23 (CC).

5. 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:

(i). a strong 'legitimate interest' extending beyond mere compensation for loss, and

(Ii). 'adequate notice' of the 'penalty clause' charge which, in the case of a car park, requires prominent signs and lines.

6. The Defendant denies (i) or (ii) have been met. The charge imposed, in all the circumstances is a penalty, not saved by ParkingEye Ltd v Beavis [2015] UKSC67 ('the Beavis case'), which is fully distinguished.

Le_Kirk

SimHelp said:

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 went to the Co-Operative on day of the alleged breach event and noticed that the ticket machine near their car was out of order so went to another machine to obtain a ticket for free parking.  They then purchased groceries from the Co-operative store/shop. Following this they then also visited the charity shop at The Bridge Shopping Centre but did not make a purchase. 

4.  Following the receipt of the PCN the defendant returned to the site and found that Parking Restriction signs on the Bridge Shopping Centre car park were small, obscure, and positioned in out of the way places.

5.  An appeals for against the PCN, showing evidence of the obtained ticket, was sent to Spring Parking but this was rejected.  A complaint was sent to the Co-Operative as the defendant is a member and could provide proof of purchase in store on that day but this was also rejected.

6.  Further and in the alternative, the claim form is defective, per CPR PD 16, 2.1: "The claim form must include an address (including the postcode) at which the claimant lives or carries on business, even if the claimant’s address for service is the business address of their solicitor."   A PO Box is not a valid registered company address, held HHJ Paul Matthews in Smith v Marston Holdings Ltd & Anor [2020] EW Misc 23 (CC).

7. 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:

(i). a strong 'legitimate interest' extending beyond mere compensation for loss, and
(Ii). 'adequate notice' of the 'penalty clause' charge which, in the case of a car park, requires prominent signs and lines.

8. The Defendant denies (i) or (ii) have been met. The charge imposed, in all the circumstances is a penalty, not saved by ParkingEye Ltd v Beavis [2015] UKSC67 ('the Beavis case'), which is fully distinguished.

Your particulars of claim clearly states that the PCN was issued for not displaying a ticket, so I don't think you can say what I have shown in square brackets.  All paragraphs require a number .  I have reorganised the start of your defence so it flows better.  Feel free to reject this but, if you use it, renumber the rest of your defence accordingly.

Coupon-mad

No 's' on the end of 'an appeal' in para 5.

SimHelp

Thanks everyone for all of your help on this 

SimHelp

I have now received a letter from DCB legal saying the client intends to proceed with the claim and I have the questionnaire as expected.  It has stated they are willing to settle - should I call them? 
I am concerned about getting a CCJ if I pursue

Coupon-mad

There is zero CCJ risk.

Not even if it got to a hearing and you lost. No CCJ and you'd pay LESS THAN THE CLAIM.

There is NO RISK TO YOU AT ALL.

DO NOT OFFER A PENNY!

Who has been putting doubt in your mind? Someone who thinks (from Facebook or another weak source)  that a court claim or losing at a hearing = a CCJ?  Rhetorical question... we know what we are doing.

And anyway, these don't go to hearings.

They will discontinue, you will be number 300 or so, on this list this summer:

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

SimHelp

OH phew... OK thanks so much.  Yes I read on the dcb legal FAQ that if you lose then you get a CCJ and liable for court costs too so it worried me despite all of the great posts you have been doing. 

Will fill in questionnaire and continue trusting in the process. 

This was from a free car park where I was using the store so totally ludicrous to now have bill of nearly £300!!  Thanks so much.

SimHelp

Hello
i now have notice of allocation to the small claims track. Claimant has till 4pm on 8th July to pay court trial fee. Do I just wait till this date now?  

Then have till 11th July to file at court and serve written evidence. Do I use my previous information and wait till after 8th or just send now? 

Coupon-mad

SimHelp said:

Hello
i now have notice of allocation to the small claims track. Claimant has till 4pm on 8th July to pay court trial fee. Do I just wait till this date now?  

Then have till 11th July to file at court and serve written evidence.

Do I use my previous information and wait till after 8th or just send now? 

No and no.

Please go back and re-read the NEWBIES thread second post, as you seem to have forgotten what 'WS & evidence stage' is.

We want to help you. Show us your draft WS and evidence, based on what the NEWBIES thread tells you. 

SimHelp

I have spent some time going over the NEWBIES thread and have since been sent witness statement from he claimant.  I am not sure I have anything left to give on this and don not know what my witness statement should say as I just cannot find any evidence now to help my specific case.  I only have details from my witness statement but they seem to have countered everything on it!!

The claimant states that as I did not display my ticket I am in breach - this is correct. I had obtained the free to park ticket but it was not displayed

In the defendants liability section they say;
I was a patron but terms of land state valid pay and display receipt should be displayed.
The signage was adequate
All signage complies with with section 18 of the BPA code of Practice
My appeal was My appeal had been rejected on grounds I did not display ticket.  They say there was adequate signage.  
 (I had also appealed to the retailer but they were not managing the car park and being a patron bears no relevant to the current legal proceedings
They say the claim form is not defective as per CPR PD 16 2.1 (claim form must include an address inc postcode) - as it is an address that 'carried on business' on behalf of company and is used solely for business purpose


I have no idea how much they are looking to get on this case they are not seeking more than the original charge as core debt £95 however they are now seeking further costs and damages!