Court Claim Form received - Not Parked Correctly - Help with defence wording please

neo61uk

Hello everyone 

Im starting this tread seeking help with wording my defence for the Court claim we have received from DCB Legal. 

Around 6 months ago I went to return some shopping to New Look store in Bristol Gallagher Retail Park. Managed to find one spot next to large van being parked “not very well” already. Car park is free for 3-4h with no return for couple hours. Not sure on this timing exactly but no pay and display etc. 

Two weeks later (exactly) I have received PCN letter saying my car was “Not parked correctly within markings of the bay”… and picture of my car with one wheel being on the line of they bay… where i was trying to avoid being too close to the van next to me. 

 
Letter also stated that 2 weeks just passed since the first one (not possible as it was exactly 2 weeks since the date” so they raise the ticket to £170 as not paid in time. 

I was furious and thrown all in the bin. Could not believe I have £170 penalty for parking on the line? Is this even legal 🤦🏼‍♀️ Then started reading and found this forum and found loads of great info. 

Long story short several letters later I have now received the Claim form with issue date 29 April 2024. I have now filled AoS online yesterday and have confirmation printed. 

As far as I understand I have now 28 days to prepare and email my defence … and here is where I struggle. 

English is not my native language and I’m having difficulties to understand exactly what needs to be changed on the template available here in FAQ section. I think its paragraph 2 and 3 only needs changing. With 2 only needing to add one or two words ?
and section 3 needs writing in my own words … but what exactly should I write ? Should I explain what happened or why I have parked this way ? I’m confused here. Also I have binned those first original letters being so upset so don’t have original pic they have taken or the exact time etc. 

Any help or guidance or example of wording would be amazing. 

Many thanks for reading and any support. 
Marta

KeithP

Hello and welcome.

Please show us the Particulars of Claim from your Claim Form with all personal identifiers hidden.

Who is the Claimant?

With a Claim Issue Date of 29th April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 3rd June 2024 to file your 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 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'.

neo61uk

Hiya KeithP

thank you for reply. 

Claimant is UK Parking Control Limited and address for sending documents is to DCB Legal 

below is pic of particulars of the claim. 

LDast

Without an explanation in the PoC of what "not parked correctly within the markings of the bay" actually means, you should use the template defence with the CEL v Chan appeal "Preliminary Matter" as per hharry100.

neo61uk said:

and section 3 needs writing in my own words … but what exactly should I write ? Should I explain what happened or why I have parked this way ? I’m confused here. Also I have binned those first original letters being so upset so don’t have original pic they have taken or the exact time etc. 

For your own bit, remember you are responding to the PoC, not the NtK.You only need to say that the driver parked at that location and the driver denies that the vehicle was not parked out of the bay. Nothing more at this stage.

As it is a DCB Legal/UKPC filed claim, just follow the advice in the Newbies/FAQ thread and the 12 point checklist in the Template defence thread and you will, in around 6-12 months see your username in lights in the DCB Legal discontinuation thread.

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

neo61uk

LDast said:

Without an explanation in the PoC of what "not parked correctly within the markings of the bay" actually means, you should use the template defence with the CEL v Chan appeal "Preliminary Matter" as per hharry100.

neo61uk said:

and section 3 needs writing in my own words … but what exactly should I write ? Should I explain what happened or why I have parked this way ? I’m confused here. Also I have binned those first original letters being so upset so don’t have original pic they have taken or the exact time etc. 

For your own bit, remember you are responding to the PoC, not the NtK.You only need to say that the driver parked at that location and the driver denies that the vehicle was not parked out of the bay. Nothing more at this stage.

As it is a DCB Legal/UKPC filed claim, just follow the advice in the Newbies/FAQ thread and the 12 point checklist in the Template defence thread and you will, in around 6-12 months see your username in lights in the DCB Legal discontinuation thread.

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

Thank you 
However I’m not sure what NtK is ?
I did read the newbie section couple times now and I’m ok up to this stage now I am. Only the wording on defence is what scares me now. Then will wait and follow next step hopefully. 

Also any advice if it’s better to print the template, sign and scan to pdf then email or rather sign electronically and save as doc?
I’ve read somewhere if it’s over 10mb it can be rejected ? 

What’s proved way to be under 10mb ?

Thanks 

Coupon-mad

Sign electronically & save it as a PDF.

No-one has had the Template Defence rejected as too big. It's used in hundreds of cases per month.

The Template Defence tells you what sort of thing to put.  Just do it & show us; we'll help!

I'm wondering if the date on that POC para 2 is the date the car was there, or the date the NTK was issued? IMPORTANT...

Post 5 of the NEWBIES thread explains NTK.

LDast

neo61uk said:

Only the wording on defence is what scares me now. Then will wait and follow next step hopefully. 

The template defence is used hundreds of times a month. There is nothing "scary" about it. Just follow the advice and you can guarantee that this will never reach a hearing. Even if it did, it's not "Rumple of the Bailey" with wigs and robes. This is not a criminal matter. It is a civil matter over contract law.

If it ever did get as far as a hearing, you only need to watch this short video to understand the process in "court":

https://youtu.be/n93eoaxhzpU

neo61uk

LDast said:

Without an explanation in the PoC of what "not parked correctly within the markings of the bay" actually means, you should use the template defence with the CEL v Chan appeal "Preliminary Matter" as per hharry100.

neo61uk said:

and section 3 needs writing in my own words … but what exactly should I write ? Should I explain what happened or why I have parked this way ? I’m confused here. Also I have binned those first original letters being so upset so don’t have original pic they have taken or the exact time etc. 

For your own bit, remember you are responding to the PoC, not the NtK.You only need to say that the driver parked at that location and the driver denies that the vehicle was not parked out of the bay. Nothing more at this stage.

As it is a DCB Legal/UKPC filed claim, just follow the advice in the Newbies/FAQ thread and the 12 point checklist in the Template defence thread and you will, in around 6-12 months see your username in lights in the DCB Legal discontinuation thread.

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

Hiya 

preparing myself to scribe something and checking Cel vs Chan from hharry as suggested. Those pics he added to paragraph 3 to be copied are quite low quality. Is this still ok to be copied and pasted to the defence pdf we reckon? 

LDast

neo61uk said:

Those pics he added to paragraph 3 to be copied are quite low quality. Is this still ok to be copied and pasted to the defence pdf we reckon? 

As this is a defence, you cannot attach exhibits to it. There is a files size limit of 25Mb. So, you don't want hi-res images in a PDF document to take it over the files size limit. As long as the transcript is readable, it should be OK. Some judges understand and dismiss and others choose not to be persuaded by it. Judge bingo.

Coupon-mad

Is the date in the POC the date of parking, or the date of the NTK? This is an important error if it is the latter.

neo61uk

LDast said:

neo61uk said:

Those pics he added to paragraph 3 to be copied are quite low quality. Is this still ok to be copied and pasted to the defence pdf we reckon? 

As this is a defence, you cannot attach exhibits to it. There is a files size limit of 25Mb. So, you don't want hi-res images in a PDF document to take it over the files size limit. As long as the transcript is readable, it should be OK. Some judges understand and dismiss and others choose not to be persuaded by it. Judge bingo.

Ok so shall I copy those 4 pics added to the defence by hharry or not ? I’m confused a bit with this ?