Secure Parking Solutions / DCB Legal Claim x 2

Coupon-mad

"all paragraphs are denied"

Not true. You are admitting to being the rk and driver.

Hamish_123

Thanks @Coupon-mad

My paragraphs 2 to 4 now read as follows;

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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. 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. 

4. The Defendant’s vehicle (XXXX XXX) was at King Street, Dudley, DY2 8PX on 02/03/2023. Referring to the POC: 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. 

Any further feedback? 

Appreciate all your help!

1505grandad

Not sure if you are looking at other threads but the following may help with your para 4 (re. PoC):-

https://forums.moneysavingexpert.com/discussion/comment/81139187#Comment_81139187

Hamish_123

Hi all,

I have today received the second court claim paperwork. 

I haven’t yet submitted my defence for my first one due to lack of access to a scanner (deadline is Tuesday at 4pm). I’ve been off work. 

I have seen an example defence on another post quoting cause of action estoppel and just wanted to check what your advice would be. Should I proceed with my defence for my first claim as already prepared, and then submit the cause of action estoppel defence for my claim received today, or should the cause of action be included in my first defence to strike out the second?

Thanks in advance!

Le_Kirk

You cannot use the action estoppel on the first case to stop the second one as it hasn't happened yet.  Why do you need a scanner, just send the defence, signed electronically, as a pdf by e-mail.

Hamish_123

Le_Kirk said:

You cannot use the action estoppel on the first case to stop the second one as it hasn't happened yet.  Why do you need a scanner, just send the defence, signed electronically, as a pdf by e-mail.

I thought I’d read somewhere it needed a wet signature. 

Thanks!

Hamish_123

@KeithP - Would you mind confirming the dates for me please?

Claim issue date - 10th Dec 2024

KeithP

With a Claim Issue Date of 10th December, you have until Monday 30th 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 Monday 13th January 2025 to file a Defence.

That's over 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'.

Hamish_123

Happy new year all!

I'm preparing my defence for the second of the claims, deadline is Monday 13th. I have the template defence ready with a cause of action estoppel paragraph added.

Two questions;

- Is their a specific place in the defence in which the estoppel paragraph should be listed? I was preparing to insert it right after the "facts known to the defendant" section.

- As the court claim POC is identical to the first one, I was preparing to submit the same facts in the defence. However, this claim is in relation to parking on a nearby shop front rather than the gym car park, although they are both on the same street (I posted photo evidence earlier in this thread). After changing anything related to the gym in my defence, is their anything else that you would recommend needs including or omitting from the defence?

The case still centres around inadequate signage and poorly displayed parking terms.

Thanks!

Coupon-mad

In most current defences v DCB Legal claims, paragraph 3 looks similar to the thread below by @shahib_02  ... just change the incident date:

https://forums.moneysavingexpert.com/discussion/6576011/cel-dcb-legal-pcn-cnbc-claim-defence-assistance-required-please

No need for more detail, except in your case just add an extra paragraph 3.1 stating the claim number of the other case (first claim) and copying the Henderson v Henderson wording seen in lots of defences when you search.