IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.

DCB Legal civil court claim

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! 

Comments

  • RP24
    RP24 Posts: 6
    Name Dropper First Post
    Forumite
    I should have mentioned. Parking is enforced on this site by CP Plus 
  • RP24
    RP24 Posts: 6
    Name Dropper First Post
    Forumite
    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
    KeithP Posts: 37,153
    Name Dropper First Post First Anniversary
    Forumite
    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
    RP24 Posts: 6
    Name Dropper First Post
    Forumite
    Thanks for your response Keith. The issue date was 12 Jan 2024 and AOS filed on 16 Jan  
  • KeithP
    KeithP Posts: 37,153
    Name Dropper First Post First Anniversary
    Forumite
    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
    Coupon-mad Posts: 129,500
    Name Dropper First Post Photogenic First Anniversary
    Forumite
    edited 18 January at 2:32PM
    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!
    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
  • RP24
    RP24 Posts: 6
    Name Dropper First Post
    Forumite
    Great, thanks Coupon-mad. All very helpful and I’ll begin putting it all together over the weekend and send on Monday. 
  • patient_dream
    patient_dream Posts: 3,424
    First Anniversary First Post Photogenic Name Dropper
    Forumite
    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
    RP24 Posts: 6
    Name Dropper First Post
    Forumite
    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 

Meet your Ambassadors

Categories

  • All Categories
  • 341.9K Banking & Borrowing
  • 249.7K Reduce Debt & Boost Income
  • 449.2K Spending & Discounts
  • 234K Work, Benefits & Business
  • 606.2K Mortgages, Homes & Bills
  • 172.5K Life & Family
  • 246.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards