Several DCBL Letters received. Now at WS stage. Help Needed! (Updated Thread Title)

Capana

Hi there,

I'm seeking further help in regards to the situation the driver of this PCN is in.

I tried to post a link to a thread I created on a similar forum to help with the initial PCN the driver received but it won't let me. So let me know if further info is needed.

In summary:

1. Driver got PCN for parking at a hospital that they normally park at to pick up passengers while working as a private hire driver.
2. Driver forgot to pay PCN which resulted in several letters from DCBLtd being received.
3. Eventually got a Letter before claim from DCB Legal.
4. Received a claim from pursuing the PCN charge plus additional fees.

I've read and followed the steps in the Newbie section and I've filed an AOS and now I've drafted the sections #2 and #3 of my defence and wanted feedback on it to know if it's fine.

Here's my defence:

The facts known to the Defendant:
2. 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.

3. The Defendant was parked on site at St Thomas Hospital, London, SE1 7EH to pick up a passenger from the normal pick up location whilst working as a Private Hire Driver.
The location the Defendant used to stop is and has been used by all Private Hire Drivers for a very long time without any issues or warnings.
That coupled with the guidelines TFL provide to Private Hire Drivers which states that Private Hire Drivers can stop on double red lines to pick up passengers within a reasonable time frame led the Defendant to assume it to be okay to stop there.
It was a rainy and wet day and the defendant didn’t notice any signs stating there would be any breach to stop there.

Would it be okay if you guys provided feedback on if this is okay or not?

Thanks

Coupon-mad

Which PPC?

Show us the POC (cover your VRM).

Capana

Coupon-mad said:

Which PPC?

Show us the POC (cover your VRM).

I've unloaded an image of the letter with both details on. Does it appear okay?

nopcns

You say the "driver" has received the PCN. However, a PCN/NtK is issued to the keeper. Has the keeper admitted to being the driver? Only the keeper (or whoever is named on the claim) can respond.

The PoC state that the reason for the claim s a "breach of the terms". What that means is that there has been a breach of contract. However, if the reason stated is "No parking or waiting at any time", there cannot have been any contract to "breach" as any signs stating "No parking or waiting at any time" are prohibitive and no contract can be formed. Ergo, NPC/DCB Legal are being mendacious.

Anyway, these are easy to beat and this will end up as a discontinuation as long as you follow the steps/advice as per the Newbies/FAQ and Template defence threads.

With an "issue date" of 15th March, you had until 3rd April to submit your AoS. Having done so, you now have until 4pm on Wednesday 17th April to submit your defence.

Le_Kirk

Capana said:

1. Driver got PCN for parking at a hospital that they normally park at to pick up passengers while working as a private hire driver.

What did PALS at the hospital do/say when you complained?

Capana

nopcns said:

You say the "driver" has received the PCN. However, a PCN/NtK is issued to the keeper. Has the keeper admitted to being the driver? Only the keeper (or whoever is named on the claim) can respond.

The PoC state that the reason for the claim s a "breach of the terms". What that means is that there has been a breach of contract. However, if the reason stated is "No parking or waiting at any time", there cannot have been any contract to "breach" as any signs stating "No parking or waiting at any time" are prohibitive and no contract can be formed. Ergo, NPC/DCB Legal are being mendacious.

Anyway, these are easy to beat and this will end up as a discontinuation as long as you follow the steps/advice as per the Newbies/FAQ and Template defence threads.

With an "issue date" of 15th March, you had until 3rd April to submit your AoS. Having done so, you now have until 4pm on Wednesday 17th April to submit your defence.

Thanks for the reply. 

Sorry for the confusion as I was advised to write on these forums a certain way to for obscurity. 

The keeper did receive the PCN and the keeper hasn't admitted to being the driver.

What do you mean by this - "any signs stating "No parking or waiting at any time" are prohibitive" and why does that stop a contact from being formed?

Should I include this in my defence section above?

Also - is my defence above okay? 

Capana

Le_Kirk said:

Capana said:

1. Driver got PCN for parking at a hospital that they normally park at to pick up passengers while working as a private hire driver.

What did PALS at the hospital do/say when you complained?

Who are Pals? And I didn't complain to, I guess, the relevant body.

Also in the newbies section it says you can only complain before the claim form stage. Unless I'm mistaken. 

Coupon-mad

Why not just search the forum for PALS complaint parking or similar obvious keywords.  Albeit this should have been done months ago.

Le_Kirk

Capana said:

Le_Kirk said:

Capana said:

1. Driver got PCN for parking at a hospital that they normally park at to pick up passengers while working as a private hire driver.

What did PALS at the hospital do/say when you complained?

Who are Pals? And I didn't complain to, I guess, the relevant body.

Also in the newbies section it says you can only complain before the claim form stage. Unless I'm mistaken. 

I would have thought that someone who picks up and delivers patients to a hospital would have been aware of the Patient Advice and Liaison Service.

nopcns

Capana said:

What do you mean by this - "any signs stating "No parking or waiting at any time" are prohibitive" and why does that stop a contact from being formed?

Should I include this in my defence section above?

There are four essential elements of forming a contract: offer, acceptance, consideration, and intention to create legal relations. Beyond this, the terms of the contract must also be unambiguous, and the parties must have the mental capacity to agree.

Does "No parking or waiting at any time" offer anything? If you agree that it doesn't, how can a contract have been formed that they are now alleging you breached?

Capana

Coupon-mad said:

Why not just search the forum for PALS complaint parking or similar obvious keywords.  Albeit this should have been done months ago.

I didn't think to search for it because I had no idea how it's related to the PCN received.

Also does my previous reply to your comment help with the info you needed because I still don't know if the defence I wrote is good or not?