GROUP NEXUS / DCB CLAIM FORM

Gr1pr

Being on private property without permission could be considered as trespassing, the landowner could issue a claim, but this is neither, so no its not clear exactly what the true nature of the claim is , there is no mention of any payment not being made, nor how long the vehicle was there, nor what the actual failure was

I cannot find any readable pictures of the signs in order to see what the terms and conditions were, so not able to determine what the actual civil contravention was. Nor have we seen the original PCN letter that arrived in the post, so cannot determine its ability to try to get money from you and why 

If its not clear to us, then its not clear to a judge, so use the alternative defence template listed in the defence template thread 

MCOL was never set up for parking cases, plus its outdated and needs a serious upgrade, Bargepole explained exactly why it shouldn't be used in a post on here 7 years ago, linked in post 2 of the newbies sticky thread, so please study it, bearing in mind that it needed posting back in 2017 but now email is used and the defence template thread has all the 2024 emails listed, which changed from the first of march this year 

IMHO they should allow direct uploads as a pdf document, same as POPLA, same as other government departments

KeithP told you above in his reply exactly what to do , where he did mention email, so an attachment using email, not on MCOL, not by post either, ONLY by email . MCOL is used to acknowledge the claim, the AOS, then used like an online bank statement to check progress, nothing else

The breakdown of fees and charges is always incorrect and should be challenged, it should be like a shopping receipt, itemised properly with no spurious additions, just like the PCN charge should not be £120, especially if you are correct that it was £25 , so where did the additional £95 come from. ? Damages. ? What damages. ?  It doesn't say, does it. ? You say that the Forestry letter asks for £25, later you said another demand came that was double, so I make that £50, plus £70 additional debt collectors fees ( damages. ) making up the £120 claimed, but their breakdown doesn't do what I just did

You have not shared any redacted pictures of letters or photographs of vehicles, only the POC details, nothing more, we haven't seen what you describe, Google Street View doesn't help in trying to find that particular location either 

We are trying to separate fact from fiction, no matter where it came from, same as a detective uses. A B C

Accept nothing, Believe nothing , Check everything 

One thing you definitely should do, is carefully study the newbies sticky thread and the defence template thread by coupon mad, study carefully the replies here, and simply accept that most people who reply here tend to know the score. Just like myself, a non pilot, accept that the aircrew up front on my 787 plane do and will get me to my destination safely, even though I don't understand most of it 

Coupon-mad

And change your username if that's your name, as I urged earlier.

KeithP

kathmar said:

When you say there is no explanation of what was done wrong - they say the vehicle remained on private property.  Isn't that clear enough? 

No it isn't. 
My vehicle is currently 'on private property' but there is nothing wrong with that. It doesn't even suggest that the 'private property' is someone else's private property - not that that matters.

kathmar said:

You say don't file defence on the moneyclaim website but why then do they have a section for defence?

Quite simply, the box on the MCOL website is not big enough for all the information you want to put in it.

kathmar said:

I send it instead to the Civil National Business Centre?  Can I do that online? 

The suggestion was...

KeithP said:

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

See the words by email in there?

Gr1pr

The defence needs to be concise, not a timeline of the events 

Save the above for the witness statement in several months time, start again with the first few paragraphs contained in the alternative defence, so like the hharry case, but suitably altered 

kathmar

Is this better? 

The defendant parked their car in Leigh Woods Bristol to go on a walk.  The defendant arrived with coins to pay the parking charge of £2 but found that the machine was marked as out of use and a sign advised to ‘use the app’.   The defendant did not have this app and despite trying was unable to download a signal in Leigh Woods.  To access Ringo by phone you need to have a credit card with you to provide your CVC code and as the defendant did not bring their credit card with them this was not an alternative method of payment. 

..... I didn't write this but found: 

I also searched trip advisor with many many comments saying the same situation as me and Leigh woods not having wifi / no signal. So they are basically penalising anyone who not only doesn't have a phone but even those who do and can't get a signal.  The latest comment is may 2024 with the machine still not repaired so clearly they know about it and are happily accepting the money they are making from people not being able to pay despite intending to. 

LDast

No! You will tell your story much later, if at all, when you do your WS. In your defence you are only responding to the actual allegation of breach of contract in the woefully inadequate PoC.

All that can be discerned from those PoC is that they allege you breached a term on a sign that allegedly formed a contract between the driver and the PPC. What was the term on the sign that the driver breached? No one knows. Don’t do the claimants job for them by spouting off War and Peace and admitting liability for something that is never claimed.

You are overthinking this. The burden of proof is on the claimant to prove that you were the driver, that they did not frustrate any contract by having faulty payment machines, that the driver knew there were signs that were capable of forming a contract, that the signs adequately brought to the attention of the driver that there was a charge for breaching the terms, that their signs conformed to the requirements of their ATAs  Code of Practice, that they even have a valid contract with the landowner that also gives them the right to issue PCNs in their own name and to pursue them through the courts and so on.

You are questioning decades of experience and advice on how to deal with this situation. Please pay attention to the questions already asked and provide some answers.

One other point… as this occurred on forestry land, it is likely that it is land under statutory control and PoFA did not apply. We do need to see the NtK, suitably redacted but with all dates showing.

KeithP

kathmar said:

The defendant parked their car in Leigh Woods Bristol to go on a walk. 

You have now told us that Leigh Woods is in/near Bristol.

The Claim Form gives us no clues as to where Leigh Woods might be.

kathmar

Is this the notice to keeper?  The initial correspondence and charge? 

kathmar

If I am only responding to the POC then I am responding to their points that I (or the driver) remained on private property and this was in breach of the terms of the the 'prominently displayed terms and conditions' shown on signs (the contract)?  Without explaining why in reality I stayed / didn't pay (so they need to defend their faulty machine etc) am I just confirming why I was there (as hharry did) and arguing that I wasn't aware of any signs or terms and conditions? 

Coupon-mad

Yes, denying that there was any contractual agreement to pay a £50 charge and putting the Claimant to strict proof that a 'relevant obligation' was breached by virtue of the conduct of the driver, because this is denied.

Did you say you'd already admitted to driving earlier, in an appeal? It's just that the image shows a non-POFA NTK which would have been a cinch to win at Popla for the keeper.