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CNBC Claim for DCB Legal on behalf of PCN received from First Parking LLP

Hello all, 

First time poster, but long time lurker. I firstly wanted to thank everyone on the forum for the amazing advice and information int he NEWBIES thread advising how to respond to claims. 

On 09/01/2023 I received a claim from the Civil National Business Centre (CNBC), the claim was Issued on 04/01/2024 for a PCN dated 24/05/2023. Yesterday (10/01/2024) I followed the instructions to acknowledge the claim via MCOL. I have calculated that I have until 09/02/2023 in which to respond to the claim. 

I have also followed the advice not to delay and completed my defence paragraph, it is only a small paragraph and I wanted to check that it is sufficient to submit, and that I am along the right lines. I do find a lot of the legal language and style of writing very difficult to understand and also very difficult to emulate in my statement. 

The gist of the defence if that the parking ticket was from my wife's place of work, she has a permit to park there. She did not acknowledge or appeal the ticket as she received two tickets at the same time and didn't realise it was two separate violations, she originally appealed the ticket and it was overturned. However since receiving this Claim and reviewing the paper work we can see it has a different date to the ticket that was appealed. 

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, but not the driver on this occasion.

3. The defendant was not driving the car on the day of the alleged breach. However, the defendant concedes that it is likely his wife, KS (full name in claim form), was driving the car on this occasion. The defendant’s wife, KS, is an employee of x NHS Mental Health Trust and is based at x hospital, where the alleged breach occurred. The defendant’s wife had a valid parking permit for the date in question (See attachments A and B). The defendant’s wife has also successfully appealed a duplicate PCN from First Parking LLP (see attachment C).



Thanks for reading this far, Any help would be appreciated. 

Best Wishes
«13

Comments

  • KeithP
    KeithP Posts: 37,063
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    Hello and welcome.

    Your dates seem a bit muddled in this paragraph...
    On 09/01/2023 I received a claim from the Civil National Business Centre (CNBC), the claim was Issued on 04/01/2024 for a PCN dated 24/05/2023. Yesterday (10/01/2024) I followed the instructions to acknowledge the claim via MCOL. I have calculated that I have until 09/02/2023 in which to respond to the claim. 

    Would that be better written as...

    On 09/01/2024 I received a claim from the Civil National Business Centre (CNBC), the Issue Date on the Claim Form is 04/01/2024 for a PCN dated 24/05/2023. Yesterday (10/01/2024) I followed the instructions to acknowledge the claim via MCOL. I have calculated that I have until 09/02/2024 in which to respond to the claim. 

    Based on my revision...

    With a Claim Issue Date of 4th January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 6th February 2024 to file your Defence. That's a slightly different Defence filing deadline to the one you proposed.

    That's nearly four weeks away. Plenty of time to produce a Defence and it is good to see that you are not leaving it to the last minute.
    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'.
  • Coupon-mad
    Coupon-mad Posts: 129,195
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    Show us the Particulars of Claim, as it seems you've decided not to use the hharry100 version linked in the Template Defence thread...is that because the POC clearly state the terms/breach?

    Do not name the driver.  You can say it was your wife but don't name her!

    And no attachments go with a defence.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_Kirk
    Le_Kirk Posts: 21,920
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    Who is the registered keeper (not by name but is it you or your wife)?  Who is the defendant, you or your wife?  
  • Thank you all for your comments, and apologies it has taken so long for me to reply. 

    @KeithP apologies for my date confusion, I didn’t realise I jumped between 2023/2024 like that, and I appreciate your accurate calculation for when the defence is due.

    @Coupon-mad I have attached my particulars of claim to this post. I chose my defence as my legitimate reason for parking in the named area with a valid permit to park, however this was before I realised I was unable to submit attachments. Do you think I would be better represented using the hharry100 defence template? 

    @Le_Kirk, I am the registered keeper of the car and the defendant. My wife is the main user of the car and was driving the day in question.  
  • KeithP
    KeithP Posts: 37,063
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    Whilst you cannot submit attachments with a Defence, you can show evidence later in the process - at Witness Statement time. That's some months away.
  • Coupon-mad
    Coupon-mad Posts: 129,195
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    And those POC do (sort of) specify one of two possible breaches.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • troublemaker22
    troublemaker22 Posts: 402
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    @Le_Kirk, you can use the Hharry version as they don’t specify the conduct just a menu of two different types of conduct and they also don’t specify the terms of the contract the driver is alleged to have breached.

    Also, I wouldn’t volunteer information about who was or might have been driving, either by status or name. Just say the Defendant admits to being the registered keeper, denies being the driver and puts the Claimant to strict proof as to all facts alleged apart from the identity of the registered keeper. 
  • Le_Kirk
    Le_Kirk Posts: 21,920
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    @Le_Kirk, you can use the @hharry100 version as they don’t specify the conduct just a menu of two different types of conduct and they also don’t specify the terms of the contract the driver is alleged to have breached.
    OK, good to know. I thought it might be splitting hairs or pedantry.
  • So it seems that I would be best to use the hharry post in my defence without too much detail of the actual event.

    However, i can include the facts about the actual incident in the witness statement closer to the time.

    Would the change in statements between the defence and the witness statement be seen as contradictory? Or would it be seen as adding additional Information if I used this layout/plan?
  • troublemaker22
    troublemaker22 Posts: 402
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    A witness statement is supposed to provide additional information. Obviously that information should support rather than contradict the arguments of the Defence unless there was a mistake in the Defence that needs to be corrected 
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