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Claim form from DCB legal

Hi All, this is my first post and having read the Newbie post and several other threads looking for similarities I need some advice.

Here are the details

I received a claim form from DCB legal issue date 13th Dec 2023.
This had been sent to my previous address hence there was a delay as it was forwarded to me
It relates to an overstay at Station Shopping Park in Reading in 2022.
Despite the POC stating that the PCN were issued on 1/5/2022 . I have received no correspondence from anyone regarding this matter.
I am being pursued as the registered keeper pursuant to POFA 2012, schedule 4.

I posted an acknowledgement of service on 2/01/2024. This stated I would defend the claim.

Having looked at the template defence and similar threads I am at something of a loss as to where to start. I was not the driver and as I have not received any correspondence until the claim form I do not seem to be able to challenge on the grounds of signage, terms and conditions or other usual reasons.

Will it be acceptable to use the template from Coupon Mad but removing 4(ii) reference to adequate notice as I have no knowledge or evidence of the signage having never visited the car park in question.

I appreciate and input and suggestions. If I have missed something obvious in earlier posts I would be grateful if you could direct me to the relevant thread.

Thanks

Comments

  • Fruitcake
    Fruitcake Posts: 57,916
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    Include everything, including inadequate notice. It is then up to the claimant to prove that the contrary is true.

    Please show us what the particulars of claim say, but redact all personal information. Often the PoC are woefully inadequate which means the Chan case is very relevant and should be included in its entirety. 
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  • KeithP
    KeithP Posts: 37,047
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    DL58 said:
    I received a claim form from DCB legal issue date 13th Dec 2023.
    I posted an acknowledgement of service on 2/01/2024. This stated I would defend the claim.

    With a Claim Issue Date of 13th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 15th January 2024 to file your Defence.

    That's just a few days away, but plenty of time to produce a Defence.
    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'.
  • DL58
    DL58 Posts: 4
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    Thanks for the speedy replies. Here are the details of the POC




  • Coupon-mad
    Coupon-mad Posts: 129,071
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    edited 13 January at 2:56PM
    DL58 said:
    Hi All, this is my first post and having read the Newbie post and several other threads looking for similarities I need some advice.

    Here are the details

    I received a claim form from DCB legal issue date 13th Dec 2023.
    This had been sent to my previous address hence there was a delay as it was forwarded to me
    It relates to an overstay at Station Shopping Park in Reading in 2022.
    Despite the POC stating that the PCN were issued on 1/5/2022 . I have received no correspondence from anyone regarding this matter.
    I am being pursued as the registered keeper pursuant to POFA 2012, schedule 4.

    I posted an acknowledgement of service on 2/01/2024. This stated I would defend the claim.

    Having looked at the template defence and similar threads I am at something of a loss as to where to start. I was not the driver and as I have not received any correspondence until the claim form I do not seem to be able to challenge on the grounds of signage, terms and conditions or other usual reasons.

    Will it be acceptable to use the template from Coupon Mad but removing 4(ii) reference to adequate notice as I have no knowledge or evidence of the signage having never visited the car park in question.
    You don't remove anything from the Template Defence!  This is their case to prove, not your burden of proof.  All the defences that would be open to a driver are open to you as keeper.

    Your paragraph 3 of facts is everything I've put in bold above.  Very very simple.  But add the fact that you have seen no evidence of adequate signage or breach of a prominent term, have never visited the location and have seen nothing to demonstrate that the Claimant has complied with the statute relied upon.  It is neither admitted nor denied that the Claimant is entitled to pursue the Defendant as the registered keeper pursuant to POFA 2012, schedule 4.

    BUT:

    This is an added problem and you CAN'T leave it like this in terms of the address being used by DCB and the court service:
    claim form from DCB legal issue date 13th Dec 2023.  This had been sent to my previous address hence there was a delay as it was forwarded to me

    YOU MUST SEND A SEPARATE EMAIL TO DCB LEGAL AND THE CNBC MARKED:

    DATA RECTIFICATION: CLAIM xxxxxxx INCORRECT ADDRESS FOR SERVICE (DEFENDANT).

    Also say the same in your Defence covering email (copied to both) on Monday morning.

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  • DL58
    DL58 Posts: 4
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    Thanks, appreciate the information.  Defence submitted and emails sent.
  • Coupon-mad
    Coupon-mad Posts: 129,071
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    DL58 said:
    Thanks, appreciate the information.  Defence submitted and emails sent.
    What did the top few paras of your defence say and did you get the daft auto receipt from the CNBC whinging about 'delays' when you emailed the 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:
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  • DL58
    DL58 Posts: 4
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    Paragraph 1 and 2 were as per the template, para 3 was that no correspondence had been received prior to the claim form so I did not know who was the driver or why the car had been in the car park on this date.
    Yes the confirmation e-mail contained the message about possible complaints brought about by their poor service resulting in delays. Hardly encouraging.
  • Coupon-mad
    Coupon-mad Posts: 129,071
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    Yes but normal. All good!  Have a look at the DCB Legal discontinuance thread.  That'll be you in 6 months!
    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
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