DCBL Letter of claim

NorthWalian

KeithP said:

What is the Issue Date on your Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Issue date is 28 May and I filed an acknowledgement on the 30th (I should get this defence done quite quickly)

NorthWalian

Zbubuman said:

you left DCB's claim ref. its the one under the number 0203 434 0433. 

Also copy the POC. Usually it will be along the lines of the Driver of vehicle XXXXX parked in breach of the terms..... 

The ref 120624.809D

Particulars of claim

1. The defendant is indebted to the claimant for a charge issued to vehicle xxxxxx at xxx retail park
2. PCN issued on 13/5/23 (Over a year ago)
3. Defendant is pursued as the driver of the vehicle for breach of the terms on the signs Reason: The vehicle exceeded the maximum stay time
4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4

AND THE CLAIMANT CLAIMS
1. £140 being the total of the PCN(s) and damages
2. Interest at a rate of 8% per annum pursuant to s69 of the county courts act 1984 at a daily rate of 2p
3. Costs and court fees

Total claimed 235.47

KeithP

NorthWalian said:

KeithP said:

What is the Issue Date on your Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Issue date is 28 May and I filed an acknowledgement on the 30th (I should get this defence done quite quickly)

With a Claim Issue Date of 28th May, and having filed an Acknowledgment of Service on 30th May, you have until 4pm on Thursday 27th June 2024 to file your Defence.

That's over three 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'.

NorthWalian

KeithP said:

NorthWalian said:

KeithP said:

What is the Issue Date on your Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Issue date is 28 May and I filed an acknowledgement on the 30th (I should get this defence done quite quickly)

With a Claim Issue Date of 28th May, and having filed an Acknowledgment of Service on 30th May, you have until 4pm on Thursday 27th June 2024 to file your Defence.

That's over three 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'.

Aim is to get it done in the next few days.

What version of the template do I have to use and is there a version that has been fully completed just so I can see how to word the paragraph that I tailor to the facts?

Gr1pr

Use the typical one if the POC are specific, use the adapted one for woeful POC where added information is used to try for a strike out, so the one that suits best

As for examples of each, study current court claims from this year only and see what others have written in their final draft defence, especially looking at the examples that fit, or are a close match, from the two recommended types of defence template 

Research is the key, so because you are representing yourself as a Litigant in person, its your job to do the research, ideally looking for and finding others cases similar to yours, there are dozens of not hundreds on this forum to study, so you do what all the others have done, especially those who have already submitted their defence recently 

Coupon-mad

There are only two to choose from. 

LDast

Just use the Template Defence. You could use the CEL v Chan preliminary matter as the PoC are so vague and the reason given, "the vehicle exceeded the maximum stay time" does not clearly explain the term that was breached or how. There's also an additional preliminary matter that can be used because of the Claimants breach of PoFA 4(5) and therefore CPR 1.1, CPR 3.4(2)(a) and (b) and CPR 27.14.

Looking at the template, after para #1 you would add "Preliminary Matter" subheading followed by the 2 x CEL v Chan paragraphs and the embedded images of the transcript. Next you would add the following paragraph as #4:

4. Additionally, the Claim should be struck out on the basis that it contravenes Schedule 4, Paragraph 4(5) of the Protection of Freedoms Act 2012 (PoFA). PoFA clearly stipulates that a creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking charges as they stood when the notice to the driver was issued. The original Parking Charge Notice (PCN) issued by the claimant was for £100. The claimant's current claim is for £140, which exceeds the amount of the unpaid parking charges as stated in the original notice. The claimant’s attempt to claim an unlawful amount constitutes an abuse of process and should not be allowed to proceed. I respectfully request the allocating judge to dismiss the claim on the basis of the claimant’s contravention of Schedule 4, Paragraph 4(5) of PoFA and thereby CPR 1.1, CPR 3.4(2)(a) and (b) and CPR 27.14 and to award costs to the defendant for having to defend against this improper claim.

Then the subheading "The facts as known to the Defendant" with the rest of the template defence paragraphs starting with your own edited para #5 about driver/keeper and then your para #6 response to the allegation in the PoC followed by all the other defence template paragraphs. If your para #6 response is more than a single paragraph, then each additional paragraph must be numbered and all subsequent paragraphs accordingly re-numbered sequentially.

NorthWalian

LDast said:

Just use the Template Defence. You could use the CEL v Chan preliminary matter as the PoC are so vague and the reason given, "the vehicle exceeded the maximum stay time" does not clearly explain the term that was breached or how. There's also an additional preliminary matter that can be used because of the Claimants breach of PoFA 4(5) and therefore CPR 1.1, CPR 3.4(2)(a) and (b) and CPR 27.14.

Looking at the template, after para #1 you would add "Preliminary Matter" subheading followed by the 2 x CEL v Chan paragraphs and the embedded images of the transcript. Next you would add the following paragraph as #4:

4. Additionally, the Claim should be struck out on the basis that it contravenes Schedule 4, Paragraph 4(5) of the Protection of Freedoms Act 2012 (PoFA). PoFA clearly stipulates that a creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking charges as they stood when the notice to the driver was issued. The original Parking Charge Notice (PCN) issued by the claimant was for £100. The claimant's current claim is for £140, which exceeds the amount of the unpaid parking charges as stated in the original notice. The claimant’s attempt to claim an unlawful amount constitutes an abuse of process and should not be allowed to proceed. I respectfully request the allocating judge to dismiss the claim on the basis of the claimant’s contravention of Schedule 4, Paragraph 4(5) of PoFA and thereby CPR 1.1, CPR 3.4(2)(a) and (b) and CPR 27.14 and to award costs to the defendant for having to defend against this improper claim.

Then the subheading "The facts as known to the Defendant" with the rest of the template defence paragraphs starting with your own edited para #5 about driver/keeper and then your para #6 response to the allegation in the PoC followed by all the other defence template paragraphs. If your para #6 response is more than a single paragraph, then each additional paragraph must be numbered and all subsequent paragraphs accordingly re-numbered sequentially.

Sorry, what is an embedded image of the transcript? Is that just a screenshot of the Poc or the Damages?

LDast

The CEL v Chan transcript is a PDF file. You can't just ebbed a pdf transcript into your defence pdf. You have to convert the 4 pages of the CEL v Chan PDF transcript into jpg images and then embed them into the defence PDF.

There are plenty of examples of the defence that include the embedded jpg files that you can use to download your own jpg images of the transcript.

Here is a link to the 4 JPG images of the transcript:

https://www.dropbox.com/scl/fo/90y3ef7cq2ve6leytxpjm/h?rlkey=oay2g5tpjko1999pddfi5ysln&st=mfreev41&dl=0

NorthWalian

LDast said:

The CEL v Chan transcript is a PDF file. You can't just ebbed a pdf transcript into your defence pdf. You have to convert the 4 pages of the CEL v Chan PDF transcript into jpg images and then embed them into the defence PDF.

There are plenty of examples of the defence that include the embedded jpg files that you can use to download your own jpg images of the transcript.

Here is a link to the 4 JPG images of the transcript:

https://www.dropbox.com/scl/fo/90y3ef7cq2ve6leytxpjm/h?rlkey=oay2g5tpjko1999pddfi5ysln&st=mfreev41&dl=0

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