Defence and Alleged Breach

DTP93

@Coupon-mad Hope you don't mind the tag, just want your suggestions please so I can get this sent off asap. TIA. 

First Q: my defence is weak, I don't really have a leg to stand on. But I just wanted to know if the way I've worded it is good enough to use in the defence letter to send off? For context, Claimant is ParkingEye and solicitor is DCLegal. 

3. The defendant remembers visiting Park Inn by Radisson Cardiff City Centre and using the basement carpark on their land. Upon attempting to pay for parking, the payment machine encountered an error and did not process payment. The defendant then went to reception and informed staff and was advised to pay for parking the next day upon leaving the hotel. The defendant attempted to pay upon leaving and the machine again encountered an error and did not process the payment.

 

4. The defendant did not notice any alternative way of paying via any signage as the signage lettering was very small, printed onto the small payment machine, and hard to read in a dimly lit, underground/basement carpark.

Second Q: this is exactly what the claim form says. I'm not sure if they've specifically said what the breach was or not? For context, I stayed at a hotel overnight, didn't pay the parking as per above defence, and left. 

 

-The defendant is indebted to the claimant for a parking charge issued to vehicle (reg) at Park Inn BY Radisson Cardiff City Centre.

-The PCN(s) were issues on 23/06/2022.

-The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Vehicle remained on private property in breach of the prominently displayed terms and conditions.

-In the alternative view the defendant is pursued as the keeper pursuant to POFA 2012, schedule 4.

-AND THE CLAIMANT CLAIMS

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

-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 0.03 until judgment or sooner payment.

-Costs and court fees

They want £278 including interest, court fee and legal costs.

DTP93

Oh and one more thing: after not being able to pay I just left because I was in a rush. Not sure if I should add at the end of section 3. something like "Upon being unable to pay the defendant left the carpark."

KeithP

Those particulars are inadequate.
You need to be using the CEL v Chan defence arguments.

You haven't answered the question I asked following your earlier post.

I'll stop there as I realise you have specifically asked questions of another individual, not me. 

DTP93

@KeithP I know I have no leg to stand on. I'm not expecting to win. I'm more hoping that it'll get to a point where DCLegal cba with going to court. 

But you're saying I can also throw in the CEL v Chan as well as my own argument and that will strengthen the whole thing?

Sorry I didn't see where else you replied, I'll try and find it.

DTP93

@KeithP details below:

A claim was issued against you on 27/02/2024

Your acknowledgment of service was submitted on 01/03/2024 at 21:20:08

Your acknowledgment of service was received on 04/03/2024 at 01:05:30

KeithP

DTP93 said:

A claim was issued against you on 27/02/2024
Your acknowledgment of service was submitted on 01/03/2024 at 21:20:08
Your acknowledgment of service was received on 04/03/2024 at 01:05:30

With a Claim Issue Date of 27th February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 2nd April 2024 to file your Defence.

That's 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'.

KeithP

DTP93 said:

But you're saying I can also throw in the CEL v Chan as well as my own argument and that will strengthen the whole thing?

Yes I am saying exactly that.
With that argument you stand every chance of getting the case thrown out.

DTP93

@KeithP brilliant, worth a shot. By the way you're welcome to share as much advice as you have. I just tagged Coupon-Mad because they started a bunch of the main threads so didn't know who else to ask. I appreciate you stepping in to help!

Umkomaas

Keep following the advice here and meeting the requirements of each stage of the court process and the prospect of a hearing in front of a judge is small. As PE have farmed this case out to DCB Legal, this is much more an attempt to get you to fold through the threat of legal proceedings. PE have their own in-house team of solicitors and are more than capable of fronting their own court claims, and are very efficient and successful in doing so.  If they had a strong case against you, DCB Legal would be nowhere near it. I can't think of any DCB Legal-fronted PE case ever reaching a hearing, where we have provided advice. 

The following thread contains a sorry litany of DCB Legal discontinuations, in which your case will likely be listed later in the year - if you stick with our advice. 

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

Coupon-mad

I know I have no leg to stand on

Eh?  Non-functioning payment methods is THEIR conduct not yours! That's a decent defence when slotted in as para 5 into the hharry100 version linked in the Template Defence thread.

And DCB Legal always discontinue at WS stage.

DTP93

@Coupon-mad I meant more because I can't prove the machine didn't work. I didn't take a pic of it not working or ask for any receipts/failed payments from staff.

Anyways I've made that para 5, I've added the Chan defence in. Is there anything else you'd change or am I good to email this off now?

Thanks