DCB Legal civil court claim

RP24

Hi all,

First time poster and extremely out of my depth! I’ve read the Newbies thread but still have questions. Any help would be very much appreciated.

Background 

I had to pull into a motorway service station back in June. It was to deal with an urgent work matter via video call and unfortunately I was there for much longer than the two hours. 

I got a letter in with photographic evidence (I think…because I’ve since lost this). I’m still old school and back then was not up to date with the correct way to address these so I ignored it. I also ignored the debt recovery letters. 

Now I’ve received a Civil Court claim from DCB Legal. Via the online link I’ve acknowledged it by declaring I’ll defend it and requested extra days to prepare the defence. This is what the claim is for: 

1. The Defendant (D) is indebted to the

Claimant (C) for a Parking Charge(s) issued

to vehicle XXXXXXX at XXX

2. The PCN(s) were issued on XX/XX/2023

3. The defendant is pursued as the driver of

the vehicle for breach of the terms on the

signs (the contract). Reason:Remained On Site

In Excess Of The Free 2 Hour Period Without

Paying For Parking

4. In the alternative the defendant is

pursued as the keeper pursuant to POFA 2012.

Schedule 4.

AND THE CLAIMANT CLAIMS

1. £170 being the total of the PCN(s) and

damages.

2. Interest at a rate of 8% per annum

pursuant to s.69 of the County Courts Act

1984 from the date hereof at a daily rate of

£.02 until judgment or sooner payment.

3. Costs and court fees

The issue I have is that I don’t really have a defence. I did park there for longer than the two hours. In the stressed state with work I didn’t think to go and pay for extra parking.

Is there a way out or is it best to take the financial hit? If you’re still reading….thank you! 

RP24

I should have mentioned. Parking is enforced on this site by CP Plus 

RP24

UPDATE: I have now found the very useful generic template for my defence. However, for the paragraph that I must explain my own reasons for staying there, does anyone have any suggestions? It was a genuine work emergency but it feels like a weak reason.

KeithP

What is the Issue Date on your Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

RP24

Thanks for your response Keith. The issue date was 12 Jan 2024 and AOS filed on 16 Jan  

KeithP

RP24 said:

The issue date was 12 Jan 2024 and AOS filed on 16 Jan  

With a Claim Issue Date of 12th January, and having filed an Acknowledgment of Service on 16th January, you have until 4pm on Tuesday 13th February 2024 to file your Defence.

That's nearly four 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 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

Do not admit overstay.

Just state the Defendant admits that they were the driver and pulled into the spot in motorway services to use the facility and take a work call.  If there were any signs up about a maximum stay they cannot have been sufficiently prominent because no terms were seen from the unmarked bay used.

DCB Legal will discontinue at WS stage in 6 months time anyway!

RP24

Great, thanks Coupon-mad. All very helpful and I’ll begin putting it all together over the weekend and send on Monday. 

patient_dream

RP24 said:

Great, thanks Coupon-mad. All very helpful and I’ll begin putting it all together over the weekend and send on Monday. 

You must understand what you are dealing with  .... a legal who starts like an out of control animal and ends up as a chicken

This thread and the links should be very helpful to you

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

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

RP24

Hi @Coupon-mad @KeithP @patient_dream

Admittedly I have left the submission of defence later than planned but will submit today. Is the below paragraph 3 ok for my personal account or does it require more detail? This, of course, is just one small part of the draft defence template from the newbies forum.

‘3. The Defendant pulled into the motorway service station to take part in an urgent work video call, use the facilities & rest before continuing a lengthy car journey to London. If there were any signs up about a maximum stay they cannot have been sufficiently prominent because no terms were seen from the unmarked bay used.’

Thanks in advance 

RP24

Hi,

It’s been a while so I may need a reminder as think I’ve missed it on the ‘newbies’ thread. Today I got a Notice of Transfer of Proceedings letter in the post. It’s dated 3 April 2024! However it does have an 18 June stamp on the back.

Forgive my inability to find the correct answer here but is there anything I need to do at this stage?

@KeithP @Coupon-mad @patient_dream

Thanks in advance