Secure Parking Solutions / DCB Legal Claim x 2

Hamish_123

Evening all,

Claim form received today. This claim form is in relation to the second LOC I received, not the first one (which I responded to and asked for them to be combined as I knew another one was in the pipework and explained above.) Bit odd really as the order in which I’ve received the letters suggested I would receive the claim form for my first PCN before this one.

Having kept a keen eye on this forum and similar posts, I’m assuming the template defence is sufficient in this case. Any advice on anything to include? 

Will acknowledge service and follow the 12 steps. 

Patiently waiting for KeithP to swing by and confirm my dates for me 😁

KeithP

Hamish_123 said:

Patiently waiting for KeithP to swing by and confirm my dates for me 😁

Sorry to have kept you waiting.  

With a Claim Issue Date of 14th November, you have until Tuesday 3rd December to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 17th December 2024 to file a Defence.

That's four 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

Grizebeck

remove all the standard stuff before you expect people to read and only include the paragraphs you have changed,

Hamish_123

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. Defendant denies the allegations, save that it is admitted that they were the keeper and driver.  In particular it is denied that a contract was formed with the Claimant and that their signage was adequate.

Coupon-mad

I would add to your para 3:

There was no clear signage or markings to indicate which bays are “authorised” and “unauthorised”. It is denied that the vehicle was unauthorised because the Defendant was permitted to park, as a member of the gym.

Hamish_123

Thanks @Coupon-mad

I'll be submitting the defence in the next few days if their is no other recommendations for anything further to be added?

Coupon-mad

Well I'm sure (like we do) you are reading other threads and spotted the paragraph to add denying each point in the POC?

Hamish_123

@Coupon-mad - Would this be it? 

The Defendant’s vehicle (xxx) was at xxx on DD/MM/YYYY. Referring to the POC: all paragraphs are denied. Paragraph 2 references the wrong date. No PCN(s) were "issued on 3/1/2024" (Date of Contravention:  3/1/2024). The Defendant is not liable and has seen no evidence of a breach of prominent terms. The quantum is hugely exaggerated (no PCN can be £170 on private land), and no damages were incurred whatsoever. The Claimant is put to strict proof of all their allegations.

If so, should this be slotted into the defence as paragraph 4?

Coupon-mad

Yep!

Change

(Date of Contravention:  3/1/2024). 

to

(That is merely the date of the alleged parking event). 

Hamish_123

Thanks @Coupon-mad.

My paragraph 4 will read as follows then;

The Defendant’s vehicle (VEHICLE REG) was at King Street, Dudley, DY2 8PX on 02/03/2023. Referring to the POC: all paragraphs are denied. Paragraph 2 references the wrong date. No PCN(s) were "issued on 02/03/2023" (That is merely the date of the alleged parking event). The Defendant is not liable and has seen no evidence of a breach of prominent terms. The quantum is hugely exaggerated (no PCN can be £170 on private land), and no damages were incurred whatsoever. The Claimant is put to strict proof of all their allegations.

All seem ok?