Defence against PCN Money Claim from DCB Legal

Dingle101

Hi everyone,
im new to the forum but have read most of the Newbie page looking for help with my defence against a pcn from Bank Park that’s now with DCB Legal.
They have sent me the money claim form which I have acknowledged receiving and saying I shall defend against the claim.
I can now enter my defence.
History of my case…
Entered a car park run by Bank Park in Burgess Hill Sussex 18/11/23, ticket machine was not working. Couldn’t purchase a ticket,
stayed 45 minutes.
Received a PCN 02/12/23 for £100 which I appealed against via email to Bank Park on 02/12/23 within appeal timeframe.
Heard nothing back.
Received another PCN around 20/01/24.
I appealed it again on 27/01/24 and also stated in a direct email how as I hadn’t received a reply to my appeal within 35 days the pcn was finished. 

On 16/02/24 I received an email from Bank Park saying they had sent me a letter dated 20/12/23 saying my appeal had failed, how convenient. I 100% didn’t receive this letter nor any email from them.

So since then they passed to DCB Legal who I ignored and now they’ve started the money claim adding on extra cost to a total of £262.50p

How do I enter my defence based around them actually not replying to my appeal in the 35 or even 56 day time frame??

or am I wasting my time??

Hope the above makes sense

cheers

DE_612183

When you say they have started the money claim - what letter have you had?
Can you post here with redacted info?

Dingle101

So I’ve been sent a response pack from Civil National Business Centre, Northampton county court.
including N9A and N9B

[Removed by Forum Team]

Gr1pr

Post a redacted picture of the POC on the left, covering the VRM ONLY 

Post the issue date from the top right, plus post the AOS date too 

You won't be entering anything else, eventually you will be emailing the defence as a pdf attachment to the CNBC for logging 

Study the second post in the newbies sticky thread in announcements, plus the defence template thread too

Dingle101

Gr1pr said:

Post a redacted picture of the POC on the left, covering the VRM ONLY 

Post the issue date from the top right, plus post the AOS date too 

You won't be entering anything else, eventually you will be emailing the defence as a pdf attachment to the CNBC for logging 

Study the second post in the newbies sticky thread in announcements, plus the defence template thread too

So issue date 24/06/24 and AOS is today 03/07/24

Gr1pr

You failed to redact the VRM in the POC on the left and you left the password showing on the lower right too, so 2 problems due to inadequate redaction. You cannot delete it as a newbie so should report it to the mse forum team for picture deletion, using the report button 

Then do what I said, redact the VRM and post a picture of the POC only, covering the rest 

So its Bank Parking,dcb legal, issue date 24 June, AOS date 3rd July, total sum is around £262, so spurious charges added, as usual .  ANPR, failure to pay for parking 

Ticket machine not working, stayed on site for 45 minutes,but should have left promptly instead, preferably within the first 5 minutes, especially once it was known that the machine was faulty 

Dingle101

Gr1pr said:

You failed to redact the VRM in the POC on the left and you left the password showing on the lower right too, so 2 problems due to inadequate redaction. You cannot delete it as a newbie so should report it to the mse forum team for picture deletion, using the report button 

Then do what I said, redact the VRM and post a picture of the POC only, covering the rest 

So its Bank Parking,dcb legal, issue date 24 June, AOS date 3rd July, total sum is around £262, so spurious charges added, as usual .  ANPR, failure to pay for parking 

Ticket machine not working, stayed on site for 45 minutes,but should have left promptly instead, preferably within the first 5 minutes, especially once it was known that the machine was faulty 

Noticed the password as soon as I posted it. My apologies, not very clued up with forum posting etc.
Ive reported and requested it be deleted as susggested.

Dingle101

Issue date 24th June, AOS date 3rd July

Coupon-mad

Dingle101 said:

Issue date 24th June
AOS date 3rd July

Ok I've added a redacted pic of the claim form too.

Just use the Template Defence and in paragraph 3 (facts section) talk about the payment machine not working that day/at that time, so any contract was void for impossibility and the fault of the trader, not by any mischief on the part of the consumer. Then say the Defendant appealed in good faith but the Claimant failed to reply or to offer ADR.

KeithP

Dingle101 said:

Issue date 24th June, AOS date 3rd July

With a Claim Issue Date of 24th June, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 29th July 2024 to file a Defence.

That's well 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'.

Dingle101

Thank you guys!
I will go through it all tomorrow on my day off.