Bank Parking Park Management & DCB Legal

LimeStar

Further update from me

I've now received the courts docs, POC as below

- Claim Form issue date 18 Feb 2025
- DCB Legal for Bank Park Management Ltd
- AoS completed 28/02/25 (MCOL) thanks to the dropbox instructions doc by @Coupon-mad
- By my calculations the absolute last day for defence is 23/03/25 (correct me if that's wrong) ideally I shall submit no later than 20/03/25 defence, using the ClaimResponses.CNBC@justice.gov.uk email address.

I need some much needed shut-eye now, i intend to create a draft defence over the weekend. I've some exams 2nd week in March so really need to study for them

KeithP

LimeStar said:

- Claim Form issue date 18 Feb 2025
- AoS completed 28/02/25 (MCOL) 
- By my calculations the absolute last day for defence is 23/03/25 (correct me if that's wrong) ideally I shall submit no later than 20/03/25 defence, using the ClaimResponses.CNBC@justice.gov.uk email address.

You are almost right with your Defence filing deadline, but 23rd March is a Sunday.

Hopefully there is something useful here...

With a Claim Issue Date of 18th February, and having filed an Acknowledgment of Service('AOS') in a timely manner, you have until 4pm on Monday 24th March 2025 to file a 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 AOS has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

In most current defences v DCB Legal claims, paragraph 3 (within the 30 paragraph Template Defence) looks similar to the thread below by @shahib_02  ... just change the incident date:

https://forums.moneysavingexpert.com/discussion/6576011/cel-dcb-legal-pcn-cnbc-claim-defence-assistance-required-please

No need for more detail except if you have something important to add after that standard paragraph 3.

LimeStar

Thanks @KeithP i did wonder about my calculating the last day as a Sunday.  My hope is to get it in before the final deadline.

Thanks @Coupon-mad I've had a look at the @shahib_02 thread and will look to base my para 3 on that.  Can i get your view on the circumstance that led to the pcn was their machine was broken and i was told to leave when i called the carpark operator.  I wasn't planning on saying loads, i can go into details when/if it gets to witness statement  stage.  

Coupon-mad

Yes add that as para 3.1.

LimeStar

Hi All

I am proposing the below as my personalised parts of the template defence.  I'd welcome any comments as to improvements i could make.

Thanks in advance.

I was hoping to submit early this week @keithP above kindly explained i have until 24/03 but i thought to get it sorted now i am through some exams, however moneyclaim online seems to be down at the moment and i can't log in.  Fingers crossed its sorted asap. 

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. 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 15/05/2024" (the date of the visit).  Referring to Paragraphs 3 & 4: the Defendant is the registered keeper and was the driver.  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.

3.1 Specific to Paragraph 3 the Defendant denies the reason – ANPR Failure TO Pay For Parking”. The defendant recalls the circumstances on the day having parked there to attend work. Upon attempting to leave the carpark the ‘pay on exit machine’ was not functioning, the Defendant and another customer (other person’s Car details to be inserted here) phoned the Claimant’s offices using the other customer’s phone to explain the problem.  Both the Defendant and other customer provided their car details, were told a note had been made and that there would be no change.  Both were instructed to approach the roller exit door which was opened for them.

1505grandad

"No PCN was "issued on 15/05/2023" (the date of the visit). "

The redacted PoC states 2024

LimeStar

@1505grandad thanks good spot - now amended 

Le_Kirk

You don't need or want MCOL, if you follow the advice given by the NEWBIE sticky, template defence thread and @KeithP you send your defence by email not via MCOL.

KeithP

As @Le_Kirk has pointed out, I did write in my earlier post on your thread...

KeithP said:

Do not try and file a Defence via the MoneyClaimOnline website. Once an AOS has been filed, the MCOL website should be treated as 'read only'.