Claim Form - ParkingEye Ltd - DCB Legal Ltd

MagicalOwl12312

Hi,
From my understanding of the threads, i shouldn't use specific information to the claim, so have removed some details.

The AOS date is below, along with amended paragraphs in the template.
Before this, I received a claim form with 4 separate Parking charges. On the claim form, it states that all 4 are at 1 location, but from memory, i think it was actually 2 at one hospital and 2 at a different hospital.

1.Particular of claim: The defendant is indebted to the claimant for a parking charge issued to the vehicle XX99 XXX at the University Hospital xx. 
2.The PCN were issued on xx/01/22, xx/02/22, xx/03/22, xx/04/22 

Should I address that the PCNs may not be from the same location??
Claim History

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

Your acknowledgment of service was submitted on 05/03/2024.

Your acknowledgment of service was received on 05/03/2024.

Defence Template and Amended paragraphs :

3. The defendant is an employee at the University Hospital xx  and attends this destination to attend work. The defendant can attend the facility and access free parking due to being an employee and having work commitments at the property.

4. The Defendant would also like to state that the ParkingEye machine that is used to present the car registration was not in use on the xx/xx/2022, therefore it was not viable to present this information on site.

troublemaker22

Please post a copy of the first page of the claim form. Redact your name, address, vehicle number, the CNBC claim reference, the claimant’s reference and the MCOL password. Leave everything else showing. 

KeithP

MagicalOwl12312 said:
A claim was issued against you on 27/02/2024
Your acknowledgment of service was submitted on 05/03/2024.
Your acknowledgment of service was received on 05/03/2024.

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'.

Le_Kirk

MagicalOwl12312 said:

Defence Template and Amended paragraphs :

3. The defendant is an employee at the University Hospital xx  and attends this destination to attend work. The defendant can attend the facility and access free parking due to being an employee and having work commitments at the property.

4. The Defendant would also like to state that the ParkingEye machine that is used to present the car registration was not in use on the xx/xx/2022, therefore it was not viable to present this information on site.

There is a lot of repetition in paragraph #3 and it could be written more succinctly.

MagicalOwl12312

troublemaker22 said:

Please post a copy of the first page of the claim form. Redact your name, address, vehicle number, the CNBC claim reference, the claimant’s reference and the MCOL password. Leave everything else showing. 

Unsure on what all that information is and how to redact the information so thought I would type it.

Claimant - ParkingEye

Address for Sending Documents and Payments - DCB Legal LTD 

Particulars of Claim 
1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle (REGISTRATION) at (LOCATION)
2. The PCN(s) were issued on 24/06/2022, 26/07/2022, 16/08/2022, 12/10/2022.
3. 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.
4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012. Schedule 4.
AND THE CLAIMANT CLAIMS 
1.£560 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 £.10 until judgement or sooner payment.
3. Costs and court fees.

Tables of Fees bottom right : 
Amount Claimed: 624.23
Court fee: 70.00
Legal Representative's Costs: 70.00
Total Amount: 764.23

MagicalOwl12312

Le_Kirk said:

MagicalOwl12312 said:

Defence Template and Amended paragraphs :

3. The defendant is an employee at the University Hospital xx  and attends this destination to attend work. The defendant can attend the facility and access free parking due to being an employee and having work commitments at the property.

4. The Defendant would also like to state that the ParkingEye machine that is used to present the car registration was not in use on the xx/xx/2022, therefore it was not viable to present this information on site.

There is a lot of repetition in paragraph #3 and it could be written more succinctly.

The defendant, employed at [Location], regularly commutes to the facility for job related duties and has access to complimentary parking privileges as an employee.

MagicalOwl12312

MagicalOwl12312 said:

troublemaker22 said:

Please post a copy of the first page of the claim form. Redact your name, address, vehicle number, the CNBC claim reference, the claimant’s reference and the MCOL password. Leave everything else showing. 

Unsure on what all that information is and how to redact the information so thought I would type it.

Claimant - ParkingEye

Address for Sending Documents and Payments - DCB Legal LTD 

Particulars of Claim 
1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle (REGISTRATION) at (LOCATION)
2. The PCN(s) were issued on 24/06/2022, 26/07/2022, 16/08/2022, 12/10/2022.
3. 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.
4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012. Schedule 4.
AND THE CLAIMANT CLAIMS 
1.£560 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 £.10 until judgement or sooner payment.
3. Costs and court fees.

Tables of Fees bottom right : 
Amount Claimed: 624.23
Court fee: 70.00
Legal Representative's Costs: 70.00
Total Amount: 764.23

Edit:
 Court Address :
CNBC
4TH floor st Katharine's house
21-27 st katharine st
Northhampton
NN1 2LH

MagicalOwl12312

After re-reading the thread with the 12 first steps. I'm confused about the table with all the emails. What is this for?

KeithP

MagicalOwl12312 said:

Particulars of Claim 
1.
2. 
3. 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.
4.

I'll just concentrate on that one point from the POCs.

We've seen these vague Particulars several times before.
Earlier today I commented on another thread where the same solicitors, DCBLegal, had used exactly the same words.
The same comments apply here...

KeithP said:

They give no clues to what the driver may have done wrong.

You would be wise to include the extra CEL v Chan paragraphs in your Defence and watch the case get thrown out without a hearing... hopefully.

Umkomaas

MagicalOwl12312 said:

After re-reading the thread with the 12 first steps. I'm confused about the table with all the emails. What is this for?

Recently added because the CNBC has new email addresses to be used dependant on what stage of the court process you are at instead of the former all encompassing single email address they had. An attempt I guess to get their admin in a better state, given how bad it's been for a long time. 

Coupon-mad

Just use the hharry100 defence linked in the Template Defence. Don't show us the whole template (please).