DCBL - Parking Ticket at David Lloyd Car Park

Lubyloo123

Hi there,

I really appreciate any help anyone can give me.

I've recently received a Claim Form to take me to court for not paying my PCN to which the costs are now £261.34.  I've not replied to any correspondence as I haven't been receiving the mail as I moved house and presume the mail was going to another address (although I appreciate it's my responsibility to ensure the DVLA are notified of the change in my address) etc.  It's only until I have recently changed my address with the DVLA that I've received the Claim Form.

The PCN was issue on 1st September for parking in David Lloyd Gym with a valid e-permit.  I pay £120 per month to be a member at David Lloyd Gym and apparently as I was in the car park for longer than 4 hours, I'm liable pay.  Now, on my induction  in July, I was never informed about this.  Having checked since, there is only 1 sign that was nowhere near where I parked my car.  There aren't any signs when you enter either.

I have spoke with David Lloyd and they have been in touch with ANPR to try and cancel the PCN.  I today have contacted DCBL myself to try and explain but they were trying to force me to pay the fee.

I need to respond today to the claim my response:
A) I accept but would like to time to pay
I accept part of the claim
C) I disagree with the claim

I'd like to disagree as I don't think I should have to pay as I'm a paying member of the gym.  Do I have enough to create a good enough defence to fight this in court? If not, I'm happy to accept and have time to pay.

I really do appreciate any help you can give.

Lubyloo123

***without a valid e-permit

Coupon-mad

You obviously dispute ALL of the claim. 

As explained in the second post of the NEWBIES thread your deadline to defend is not today as long as you do the AOS (explained there).

Same as every case you read. No costs, no CCJ risked. Very easy.

Show us the Claim form first page but COVER UP:

- claim no
- your data
- your car VRM
- the MCOL password (low on the right). 

Lubyloo123

Hi

Thanks so much for your quick correspondence.

Right, I see what you mean. 

Here's the claim form below.  The deadline to respond to the claims form is today so I can do the AOS now. Do you think I have a good case?

Thank you.

nopcns

Lubyloo123 said:

The deadline to respond to the claims form is today so I can do the AOS now. Do you think I have a good case?

You really need to read the Newbies/FAQ thread. Second post in particular.

You had until 4pm today to submit your AoS (described in great detail in the Newbies/FAQ thread how to do it). If you have now submitted your AoS, you then have until 4pm on Wednesday 17th April to submit your defence.

If you haven't submitted your AoS yet do so IMMEDIATELY. As of 4pm today, the claimant can file for a default CCJ.

Lubyloo123

Hello,

Thanks for commenting.

I have read the Newbies Thread and I'll put a defence together and post my response on here before submitting.

I submitted at 4.10pm.. will that suffice do you think?

nopcns

Lubyloo123 said:

I submitted at 4.10pm.. will that suffice do you think?

It should be OK but no guarantee.

You are now referring to the template defence thread. You can't use the CEL v Chan preliminary matter though.

When you show us the bit you have edited/added, there is no need to show us the whole defence but you will be using it in the full defence when you file it.

Coupon-mad

We don't even need to know anything about your case because DCB Legal ALWAYS discontinue single PCN claims (regardless of facts of the case) before paying a hearing fee.

Impossible to lose. Easy peasy.

Lubyloo123

Let's hope they didn't file for the CCJ in those 10 minutes then.

A couple of questions:

-Do I still need to create a defence to submit?
-What's the CEL vs Chan preliminary matter? Is that in relation to the detail of the POC or something else?

Thanks.

nopcns

Newbies/AQ thread and the Template defence thread answer all your questions. Please read them properly.

Le_Kirk

Lubyloo123 said:

-Do I still need to create a defence to submit?
-What's the CEL vs Chan preliminary matter? Is that in relation to the detail of the POC or something else?

nopcns said:

Lubyloo123 said:

I submitted at 4.10pm.. will that suffice do you think?

You are now referring to the template defence thread. You can't use the CEL v Chan preliminary matter though.

As advised, reading the NEWBIE sticky will answer all of your questions.  You do need to use the template defence to help you compile yours BUT only show us the bits you add or amend.