Claim Form £732, DCB LEGAL LTD

Umkomaas

Just to clarify i was parking on a road and never entered the car parks. The POC says "at Royal Bolton Hospital Staff 1 (Cooper and Ernsting)".  I parked on churchill Drive, picture below.

Please call the local council to check whether Churchill Drive is a public highway. Do you know if the PE ANPR cameras are positioned actually on Churchill Drive or just inside the hospital car park entry/exit point?

I'm wondering if the cars parked on the road are being photographed by overzealous hospital security staff, passing them through to PE for enforcement action ....... and perhaps why PE have offloaded to DCB Legal, mitigating some of the scrutiny that might come their way (musings from SA 🤓).

EDIT TO ADD - just looked at Churchill Drive on Google Maps. Seems to be an integral part of the hospital grounds, with PE 'No Parking' signs along its path. Still worth a quick call to the council to establish its status. 

Coupon-mad

Definitely state in the defence facts that it is denied that the vehicle was parked in a staff car park.  It DOES make a difference.

urbanwarrior666

Thanks Il ring council tuesday and enquire about churchill drive, heres some more pics for reference.

the camera

KeithP

urbanwarrior666 said:

Thanks Il ring council tuesday and enquire about churchill drive...

@urbanwarrior666, what did the council say?

urbanwarrior666

Hi sorry for late reply been mad busy, i rang the council who informed me the road is private.  This is all very daunting for me as im not very good at all this, i just need to get this defence sorted and sent as the deadline is coming up. Will this be ok?

The facts known to the Defendant:

4. The facts in this defence come from the Defendant's own knowledge and honest belief. Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver.

5. The Defendant was visiting his father and parked on Churchill Drive.  The Defendant did not park in any car park.

6. The claim has been issued via Money Claims Online and, as a result, is subject to a character limit for the Particulars of Claim section of the Claim Form. The fact that generic wording appears to have been applied has obstructed any semblance of clarity. The Defendant trusts that the court will agree that a claim pleaded in such generic terms lacks the required details and would have required proper particularisation in a detailed document within 14 days, per 16PD.3. No such document has been served.

"add rest of template"

Thanks for everyones help!

Coupon-mad

I'd just add:

5. The Defendant was visiting his father and parked on Churchill Drive.  The Defendant did not park in any car park.  No parking/contractual signs were seen and the POC do not specify any terms or breaches. 

urbanwarrior666

thanks, the defence has been sent.  Il update soon as i get anything back.  Appreciate the help!

urbanwarrior666

Hi again,does anybody know where i can download N180 this link is dead https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688466/n180-eng.pdf 

Does anyone have a download link or pdf i can use? i have seached google and i have no scanner.

Coupon-mad

Wait or the CNBC to post it.  Your MCOL history shows if they've got that far yet. 

urbanwarrior666

i have recieved the N149A with the N180 i just dont have scanner, i have found pdf now so all good.  My deadline for N180 is 28/05/24.  Gonna email asap Thanks.