Ticket Expired Defense

Benway

Hi.

So last week I received a claim form (letter of claim?) Issue date 07 MAY 2024 from the lovely Civil National Business centre on behalf of the even more lovely DCB Legal Ltd.

Once upon a time...

I did park at the very picturesque Bradgate Park on the date and definitely purchased a ticket. On returning I didn’t notice anything stuck to my windscreen, and may have even indulged in an ice cream at said car park. Sometime later I started receiving letters that I owe money for breaking some kind of parking contract. I ignored the letters. The letters kept coming and I seem to remember the fonts getting bigger and the use of many different wonderful colours. I ignored these letters too.

I have decided to not ignore this last letter as it’s in black and white and looks kind of serious! I have submitted my AoS via the MCOL website. GMAMAK (Get Me And My Acronym Knowledge). So now believe I have to formulate a defence. I didn’t have the original PCN attached to my car on my return. I don’t have any of the previous letters. I don’t believe I overstayed the time on the ticket purchased.

So, using the defence template

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 admits that they were parked at the location on the date stated. The defendant does not believe that the ticket purchased expired before their return. No PCN was on the vehicle at the time of return. The defendant admits the letters were received but these were thought to either be, in error or part of an elaborate scam.

Erm, I think that’s it.

PS. The wife thinks I'm an idiot for not paying after the first letter, so not only hard cash but my honor is at stake here!

Cheers

KeithP

With a Claim Issue Date of 7th May, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 10th 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'.

Coupon-mad

You are right and you will prove your wife wrong!

"on behalf of the even more lovely DCB Legal Ltd"

Who is the parking firm?

Benway

Spring Parking Limited

DE_612183

DCB Legal - 369 discontinuations before getting to court ( and counting ).

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p69

Benway

Thanks all. So no issues with my defence? And do I really include all the points on the defense template? I'll let you into a little secret, I don't actually understand them all!

If so no point in delaying my defence and I should email them now?

Gr1pr

I will comment on what you include ( but not the changes you made. )

You slot into the template defence all of the points in that template, everything, such that ONLY your alterations are in the couple of paragraphs that you alter yourself ( and then obtain the feedback on only your alterations ) , instead of what those paragraphs say in the template, so you are substituting a couple of paragraphs ONLY, leaving the rest untouched 

You should then renumber accordingly, so it flows from end to end in the same way as the template, but each defence that is submitted is bespoke and different due to the personal alterations each defendant makes , such as yourself 

The fact that you don't understand the rest of it is irrelevant, because the people who made the template have used good advice when making it, possibly getting a lawyer or lawyers to check it pro bono. ( For free. ) Its also been used hundreds of times before too. What is important is that a learned judge understands it, should it get to court 

You are currently a LiP , an unrepresented Litigant in Person, joe public, not represented by a lawyer, but you are allowed to seek advice and to use that advice to your advantage 

If you had used your own lawyer, you wouldn't have understood their version of your defence either 

Recently my brother moved house, selling up and buying smaller, he didn't understand the vast majority of the paperwork involved, but his solicitor did , as did the other solicitors too

LDast

It's a claim filed by DCB Legal which means that as long as you follow the advice in the Newbies?FAQ thread and as above, this will eventually be discontinued.

Benway

Defence emailed and auto reply received.

Thank you for emailing the Claim Responses Team in the Civil National Business Centre. Please expect a response to your enquiry in 10 days

When sending us documents please ensure you comply with the Practice Direction 5B

Documents not complying will not be accepted. Documents over 10MB or 25 printed pages in size will be deleted.

Benway

DCB Legal have reviewed my defence :-) Still after me though :-(
They have supplied their N180, but ive not received mine from the court yet ti fill in.
I'm tempted to offer them a settlement of £1.

[Image removed by Forum Team]

Coupon-mad

You know not to!

This is in the first 12 steps in the Template Defence thread.