IPark Services / DCB Legal Court Claim - defence

Troubled42

Dear all,
I hope you are well. This is my 3rd thread here after several years, once again helping out relatives who have fallen into this horrible trap set out by PPCs.

You'll be pleased to know this claim is from DCB Legal on behalf of I Park Services (IPC). I've had a good read of their discontinuation thread and it was quite amusing... hoping to add to it.

Claim date; 01.03.24.
AoS sent: 05.03.24
AoS 'received': 06.03.24

As ever, I have read through the usual threads and drafts.
I think one of the main differences I've noticed from past cases would be on whether or not you should be disclosing who the driver was in the defence. It seems the standard defence instructs you to mention if the keeper was the driver etc. (therefore I have done so)

Particulars;


Original charge was £100, with the usual inflated £60 added on top.

The additions to the defence are;

3. There were no terms or conditions visible at the parking location, at the time of the alleged breach of contract. Certain parking bays have ‘do not park here’ signs on a small wall in front of them. At the time of the defendant parking, no signage was visible, due to the vehicle’s bonnet being in front of the sign on the wall.

I was also going to include another paragraph... but as the POC doesn't mention anything about length of stay, I'm wondering if I should exclude it for now? I also think that if parking was not permitted in that location anyway without a permit, there technically isn't a grace period as per IPC CoP?

Otherwise... the extra paragraph would be;

4. The defendant had only parked between 15:04:29 to 15:08:37. This is a total of 4 minutes and 8 seconds, contrary to the Claimants own IPC’s Code of Practice of allowing a grace period, which were not visible on any signage. It is not unusual for private parking companies to allow up to 10-20 minutes grace periods to allow drivers to understand the terms and conditions of a car park before parking. It also allows ample time to arrive, pay for a ticket (if applicable) and leave.

I can include other reasons as to why the defendant was there, but I don't feel this is necessary unless it goes further to the witness stage etc.

The rest of the defence template is brilliant as ever.

I look forward to your guidance as always.

KeithP

Troubled42 said:

Claim date; 01.03.24.
AoS sent: 05.03.24
AoS 'received': 06.03.24

With a Claim Issue Date of 1st March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 3rd April 2024 to file your Defence.

That's over two 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'.

patient_dream

Sadly another DCBL claim that explains very little but demands a lot
DAMAGES >>> £60 = THE DCBL SCAM

Assume I PARK SERVICES has not read the famous DCBL Discontinuation thread ..... they should do

Coupon-mad

I think para 4 is good too.  There must be a grace period to read the contract and leave.

Anyway DCB Legal will discontinue before the year is out!  

  

Troubled42

Awesome, thanks for the feedback!
I think we will submit this as mentioned above then.

@KeithP Thanks as always for popping in everyone's threads with these crucial dates, it's a great help.
@Coupon-mad Thanks for the continued support. Can MSE make you an ambassador of the parking forum though now please?! 

Troubled42

DQ in as expected with their infamous last throw of the dice.
Just filled our copy in.

Am I right in thinking DCB's email is info@dcblegal.co.uk ?

Le_Kirk

The e-mails I have collected are: -

dpocontact@dcblegal.co.uk 

response@dcblegal.co.uk

info@dcblegal.co.uk.

but obviously you won't want dpo

Troubled42

Claimant filled the DQ on 08.04.24 and received an acknowledgement email from both the DQ Court address & DCB.
Just checked MCOL this morning and the DQ is acknowledged and the case is transferred.  (Its strange that this was acknowledged this late, considering the DQ deadline was 21.04. Although I guess they wait until that deadline is up and then review the documentation, hence the dates below.)

Ah well, next step is the best step.... awaiting the discontinuation, lol.   

Coupon-mad

Yep and no more looking at MCOL from now, as the case is longer updated there, having been allocated out to Derby.

Pickles_old

Have just had a letter from DCBL stating that I have a unpaid parking charge from 26/11/2022, this is the second one the first was from 2023 and I paid this but this is earlier, I am now thinking it is a scam

Coupon-mad

Pickles_old said:

Have just had a letter from DCBL stating that I have a unpaid parking charge from 26/11/2022, this is the second one the first was from 2023 and I paid this but this is earlier, I am now thinking it is a scam

Why did you pay one? Stop doing that!

You must respond and urgently get the old address ERASED (clearly the 2022 PCN went to an old address and that's because your car logbook likely had an old address on it...).  Hmmm, have you updated your V5C address now with the DVLA?  Please get it out & check.

Please read the second post of NEWBIES PLEASE READ THESE FAQS FIRST.

See my signature for how to get to that thread.