dcb Legal Letter of Claim for £170 just received.

popeye46

Please see picture of Particulars of Claim.

Coupon-mad

OK.

Same advice as the other DCB Legal Euro Car Parks claim threads this Summer. We have 3 or 4 a day right now. Read a few as they are all the same and the defences are similar.

popeye46

Hi,
I've completed the AOS using the MPOL instructions and I've just started looking at the defence template.

With them all being similar i was just wondering what I need to put in paragraph 3 for my case. I assume all the rest of the template is still relevant and can be used? I'm guessing its all other reasons within the defence template that stops DCB legal from following it up at court. i.e. inflating charges etc. 

The reason in my case was not being able to purchase a parking ticket as I believe the paying machine within the car park was not working ( 4 years ago) and that I couldn't obtain a ticket.

Should I just state this or should I also mention that on receiving the PCN i did appeal and explain this (machine out of order) and did offer to pay the parking fee that was rejected. They basically wanted £100 rather than the £1.5 parking fee. I still have email from the Euro car parks regarding me appealing the PCN, which shows I was in the car park for 17mins (photos) and alleged  list of other cars that had obtained tickets at around the same time. 

 I've also noted on a separate site that this car park as numerous other people complaining about similar issues where they have paid for tickets (Machine working) but still receive PCN's from Euro Car Parks.

Sounds like a money pit for Euro car parks and issue PCNs regardless if you have obtained a ticket or not.

Thanks
 

Coupon-mad

You state all of the above in para 3.

LDast

Out of interest, is this for an alleged parking incident at Euro Garages Heathrow South? If so, be aware that the location is under statutory control and PoFA does not apply so, no keeper liability as long as the keeper didn't blab being the driver in any previous appeals.

For reference, see the below map which shows the area under Heathrow statutory control and includes the location of that garage (Heathrow bylaws):

popeye46

Something like this?  

3. The defendant does not dispute using the car park however on attempting to pay the parking fee that was believed to be around £1.50 at the time. The defendant found that the paying machine was out of order and therefore could not make the payment.

The defendant on receiving the PCN, appealed and explained that the paying machine was out of order and did offer to pay the parking fee. That was rejected by the claimant and demanded the £100 PCN. 

The appeal decline email provided by the claimant showed photos of the defendant’s vehicle using the car park for 17 mins along with the times entering and leaving the car park.  Along with a small printed table below the photos showing alleged parking payments received by others around the same time.

The defendant would also like to note that there are numerous complaints on the internet regarding this car park run by the claimant. In that many others have received dubious PCN’s after attending the car park in question. That is regardless if they had paid for a parking ticket as well.

Coupon-mad

Remove the last 2 paragraphs.  Save narrative like that for your WS stage later.

popeye46

Okay will remove the last 2 paragraphs.  Thanks for your help.

popeye46

Hi LDast, No this wasn't at airport but a car park within Birmingham run by Euro Car Parks.

popeye46

Is there any good reason in delaying emailing my defence across or best to send across once done?