Claim form DCB legal - advice please

ct1030

Newbie here but I have spent a long time reading through the pinned posts.

Background; partner was driving shared car for work. He was doing repairs/decorating on an apartment and says was using permit from owner to park in residents car park while working. We received PCN for failure to display permit. I can no longer find the initial letter.
When the letter arrived my partner contacted them by phone to say he was working for the resident and had a permit. I believe he also contacted them through their website although we can find no record of this (foolish I now know). 

Now at claim form stage. All still addressed to me despite my partner telling them (no proof of this) that he was driver.

Have not yet done AoC as to be honest I’m very close to just paying them as it’s causing me a lot of stress.

Is it defence enough to push the fact that I was not the driver? Or do I have to also defend as keeper and explain my partner had a permit? 

I have done SAR to try to find out what they have as never seen a photo of car and as stated cannot find records of previous communications.

Many thanks for reading 

Le_Kirk

How did you inform the PPC that partner was driver? Did you use the tear-off slip on the bottom of the original PCN?  If you are the registered keeper, you will receive the paperwork as has happened and you must defend in your name, although partner can help with wording. Do not miss your deadline for completing the AoS. What is the date of issue of the N1 claim form?

ct1030

Thank you for responding.

Did not use the tear off slip, I (stupidly) left my partner to call them and contact them through their website. I wish I had just sorted it out myself. 

Claims form is dated 5th Jan so I have until 24th to do AoS I believe.

KeithP

ct1030 said:

Claims form is dated 5th Jan so I have until 24th to do AoS I believe.

I can understand why they took no notice of your partner telling them who was driving.
The parking company - which parking company? - has absolutely no idea who your partner is.
I.e. you received a parking ticket and some random guy phones them and alleges that you are innocent.

With a Claim Issue Date of 5th January, you are right, you have until Wednesday 24th January 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 Wednesday 7th February 2024 to file your Defence.

That's three 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'.

Coupon-mad

Show us the Particulars of Claim, minus your VRM, and tell us which PPC and which solicitor.

ct1030

Thank you for your time, I appreciate any advice. Still contemplating not taking it any further to be honest.

Coupon-mad

Still contemplating not taking it any further to be honest.

Why?  Did you think you are at some sort of risk, or that this is hard to defend?  We can put your mind at rest.

There are no implications, no CCJ, no risk of paying more (you'd pay LESS than this, even if you lost) and there won't even be a hearing because it's DCB Legal and they will discontinue.

We know what we are doing.  All you need to do is add ONE PARAGRAPH to the Template Defence...

ct1030

Coupon-mad said:

Still contemplating not taking it any further to be honest.

Why?  Did you think you are at some sort of risk, or that this is hard to defend?  We can put your mind at rest.

There are no implications, no CCJ, no risk of paying more (you'd pay LESS than this, even if you lost) and there won't even be a hearing because it's DCB Legal and they will discontinue.

We know what we are doing.  All you need to do is add ONE PARAGRAPH to the Template Defence...

Ok thank you for the encouragement. I suppose I do feel like it will be hard; I don’t have the mental capacity and energy (not going to bore you with all that), but from reading the other posts on here I know you guys are experts and I trust your advice.

I will do AoS and draft a defence to share.

Thanks again

Le_Kirk

ct1030 said:

I will do AoS and draft a defence to share.

When you do, just show us your amended paragraphs 2 & 3, we don't need to see the rest of the template. - Cheers

ct1030

AoS is filed.

Draft 1:

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 the Defendant was not the driver at the time the Parking Charge was issued.

3. The car was being driven by the Defendant’s partner and had legitimate reasons for parking at Compair Crescent. The defendant’s partner was working on an apartment at the site doing building repairs for its owner over a period of several weeks ***check dates**. The defendant’s partner had a valid permit given to him by the owner to display for the duration of his time working there. This was displayed by the defendant's partner in the vehicle in question during this time. He cannot explain why it was not seen by the parking attendant; the only reasons could be that the Parking Charge was issued while he was collecting the permit on arrival at the property, or the permit could have slipped down from the dashboard.

Any feedback greatly recieved - complete novice here!

Coupon-mad

Remove the end bit about the dashboard, so:

He cannot explain why it was not seen by the parking attendant; the only reasons could be that the Parking Charge was issued in error, or within minutes (with no fair grace period) on arrival at the property, or when unloading items while he was also collecting the permit from the premises, which takes time.  The Claimant is put to strict proof of their vague allegations, as well as their signage in situ and that they fully complied with the applicable law to hold a registered keeper liable.