CEL DCB Legal court claim

muj123

A claim was issued against you on 10/12/2024

Your acknowledgment of service was submitted on 17/12/2024 at 21:00:42

muj123

Draft defence:

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 experienced a migraine type headache with visual disturbances and felt that they would not be safe to drive as their vision was not 100%, so the defendant parked in the safe place which was this empty land as the road was busy with parked cars. As soon as the defendant’s vision had returned they drove out of the car park. The attempt to impose a charge for a driver who was ensuring they were safe to drive, appears reckless and acting without due care and safety to the wider public.

@Fruitcake

Fruitcake

Don't mention the public road/highway. Do refer to the persuasive appeal case of Jopson v Homeguard where the judge stated that dealing with a vicissitude of some small duration is not parking. The transcript is available online.
Don't use the word parked.
I would suggest that dealing with a transient medical issue constitutes a vicissitude of some small duration.

muj123

Fruitcake said:

Don't mention the public road/highway. Do refer to the persuasive appeal case of Jopson v Homeguard where the judge stated that dealing with a vicissitude of some small duration is not parking. The transcript is available online.
Don't use the word parked.
I would suggest that dealing with a transient medical issue constitutes a vicissitude of some small duration.

Fruitcake said:

Don't mention the public road/highway. Do refer to the persuasive appeal case of Jopson v Homeguard where the judge stated that dealing with a vicissitude of some small duration is not parking. The transcript is available online.
Don't use the word parked.
I would suggest that dealing with a transient medical issue constitutes a vicissitude of some small duration.

From: 12-02-2023 18:11

To: 12-02-2023 18:27

Duration of Stay: 0:16:00

That's in the original PCN, is that okay for small duration?

Coupon-mad

Yes. Stopped temporarily. Not parked.

Le_Kirk

muj123 said:

3. The defendant experienced a migraine type headache with visual disturbances and felt that they would not be safe to drive as their vision was not 100%, so the defendant parked in the safe place which was this empty land as the road was busy with parked cars. As soon as the defendant’s vision had returned they drove out of the car park. The attempt to impose a charge for a driver who was ensuring they were safe to drive, appears reckless and acting without due care and safety to the wider public.

You state is a piece of empty land (good) but then go on to give it credibility by calling it a car park!

muj123

3. The defendant experienced a migraine type headache with visual disturbances and felt that they would not be safe to drive as their vision was not 100%, so the defendant stopped temporarily in the safe place which was this empty land as the road was busy with parked cars. As soon as the defendant’s vision had returned they drove out of the land. The attempt to impose a charge for a driver who was ensuring they were safe to drive, appears reckless and acting without due care and safety to the wider public.



Okay to email?

Coupon-mad

Coupon-mad said:

There's a template defence where you only write one paragraph. And it doesn't even matter what you put because DCB Legal will discontinue before the hearing, regardless.

Honestly, this is easy.  Easier than appeal.

Just add brief info about the circumstances but also deny the allegations. As seen in every thread like this. We win 99% of the time!

I hate providing links to threads because it stops people seeing how to hop around and finding & reading threads for themselves. But in the spirit of the Season, here's one showing what to put for para 3, but please look around and read more (saves us from having to reply with the same stuff on thread after thread):

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

That shows you some 'deny the POC' wording to include in your para 3. Just add a line about the circumstances & facts that you know.

And of course use the whole Template Defence but we don't want to be shown it ... please!

Then follow the first 12 steps in the Template Defence thread so that you don't need to ask about the DQ questions or the laughable Mediation phone call.

We hope that we are only needed again by Defendants at WS & evidence stage next year. The 'first 12 steps' advice saves us all time.

I reiterate what I already advised above for paragraph 3. Not the story of bad eyesight!

muj123

Coupon-mad said:

Coupon-mad said:

There's a template defence where you only write one paragraph. And it doesn't even matter what you put because DCB Legal will discontinue before the hearing, regardless.

Honestly, this is easy.  Easier than appeal.

Just add brief info about the circumstances but also deny the allegations. As seen in every thread like this. We win 99% of the time!

I hate providing links to threads because it stops people seeing how to hop around and finding & reading threads for themselves. But in the spirit of the Season, here's one showing what to put for para 3, but please look around and read more (saves us from having to reply with the same stuff on thread after thread):

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

That shows you some 'deny the POC' wording to include in your para 3. Just add a line about the circumstances & facts that you know.

And of course use the whole Template Defence but we don't want to be shown it ... please!

Then follow the first 12 steps in the Template Defence thread so that you don't need to ask about the DQ questions or the laughable Mediation phone call.

We hope that we are only needed again by Defendants at WS & evidence stage next year. The 'first 12 steps' advice saves us all time.

I reiterate what I already advised above for paragraph 3. Not the story of bad eyesight!

3: Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 12/02/2023" (the date of the alleged visit).  Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. 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 there were no damages incurred whatsoever. The Claimant is put to strict proof of all of their allegations.

This fine @Coupon-mad

Coupon-mad

Yep! Easy innit?!