Defence guidance, DCB Legal , Spring Parking LTD

Aia

I received a claim form extremely late by post. The moneyclaim password did not work either.

Issue date is second of July 2024.

Advised by the court, i submitted AOS 'acknowledgment of service by email' the same day. (and got a confirmation, email was received by them)

I believe I only have till tomorrow sunday to submit my defence by email.

Is this correct? or is it 4pm Monday. The court number is closed on the weekend and I was not able to get through on Friday

Unfortunately I have not been able to concentrate on this matter (new baby arrived early).

I contacted spring parking by email asking for a SAR request, with some id evidence as advised on this forum, they have not replied. I have not contacted DCB legal.

I parked next to a building I was visiting. The derelict building next door is what is referred to in the claim. They are claiming I parked on its site. The parking in the area is completely unclear what belongs to who. What I assume is their buildings car park is fenced off. Where I parked, there is a fence with no signage. There is a one way road to and from the building I visited which is located at the back and  passes their building. The only 2 parking signs are on their building and only visible as you exit the area.

I revisited the site and took some pictures, should I be including these in the defence? I assume I would refer to them in my defence and attach them to the email I send to the court. They show a lack of signage. I can also use google maps history to show this. Those signs have since been spray painted over. The PCN is from 2019.

I'm finding it a little difficult to read all the info on this site.

Do I use the following to help write a defence;

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

This is their particular of claims:

1.The defendant is indebted to the Claimant for a parking charge(s) issued to vehicle XXXXX at XXXXXX (address)

2.The PCN was issued on XX/06/2019

3.The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract) Reason :not clearly displaying a valid Permit.

4.In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4

And the claimant claims

1. £1XX  being the total PCN(s) and damages

2 .Interest at a rate of 8% blah blah

3. Costs and court fees

What are the damages? is this just a generic claim? Is that something I need to point out, parking their did not cause any damages, or am I misunderstanding the word.

We have received letters in the past trying to claim the money, i think it was debt recovery companies or something, which we ignored. And the original parking ticket we also ignored 5 years ago.

Any guidance or just links to where I should read would be helpful. thank you.

Gr1pr

Newbies sticky thread in announcements, plus the defence template thread too

Monday at 4pm is probably the deadline, its always on a business day 

No exhibits are included with the text only defence, exhibits come later  ( yes use the template defence )

Damages is a word they use to add spurious charges that are regularly dismissed by a court, if it gets to a hearing 

DCB legal regularly discontinue before the hearing, but no guarantees 

Coupon-mad

What are the damages? is this just a generic claim? Is that something I need to point out, parking their did not cause any damages, or am I misunderstanding the word.

The Template Defence already covers that extortionate add-on.

Please show us the Particulars of Claim.

Aia

Coupon-mad said:

What are the damages? is this just a generic claim? Is that something I need to point out, parking their did not cause any damages, or am I misunderstanding the word.

The Template Defence already covers that extortionate add-on.

Please show us the Particulars of Claim.

This is their particular of claims:

1.The defendant is indebted to the Claimant for a parking charge(s) issued to vehicle XXXXX at XXXXXX (address)

2.The PCN was issued on XX/06/2019

3.The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract) Reason :not clearly displaying a valid Permit.

4.In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4

And the claimant claims

1. £1XX  being the total PCN(s) and damages

2 .Interest at a rate of 8% blah blah...

3. Costs and court fees

I had to type it out. Tried to remove anything identifiable

Coupon-mad

OK.

So this is what the D must respond to in para 3 of the Template Defence (whether they recall the date/matter or not, they must admit, deny or state they are unable to admit or deny this):

"Reason :not clearly displaying a valid Permit."

Aia

Do you know how I can digitally sign a word or pdf document? so I can email it.

At the moment I am assuming I can just print my name in black Italic lettering in Word and then save it as a pdf and email it to the court (using the correct subject and email address)

Coupon-mad

Yes the answer to that is on loads of threads. It's been asked a lot but don't rush it. Your priority first us to show us your para 2 and 3. 

Gr1pr

Aia said:

Do you know how I can digitally sign a word or pdf document? so I can email it.

At the moment I am assuming I can just print my name in black Italic lettering in Word and then save it as a pdf and email it to the court (using the correct subject and email address)

There are various methods mentioned by members 

Personally, I helped a couple of relatives who are solicitors and their firms wanted a picture or scan of a signature in black pen on white paper, saved as a jpeg and they used them attached to the pdf at the end of any document, so that has always been my stock reply, so my preferred method for several years so far 

Other family members have used it on job applications etc too

But I am not discounting the other options mentioned by other members here

Aia

The facts known to the Defendant:

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.

 

Paragraphs 3 and rest to be numbered, Properties names have been changed.

3.The vehicle was parked next to HE Hall, which is hall dating back to the 16th century. The Defendant was attending the Hall. Historically the hall was surrounded by its grounds which over time have been converted for other uses, like a park, an office building known as M House and other uses.

M House was a derelict building in 2019 and is still to this present day. Access to HE hall , is via a one way access road for both the Hall and M House. The road runs in front of M House. From here you can see a car park that appears to belong to M House. The parking area is blocked and inaccessible, on the other side of this road is another parking area inaccessible by fencing. There are no other parking signs on this road and only the one way signs.

No signage about parking is visible or passed to where the vehicle was parked

To leave Hough end hall you must travel past the back of and under M House. The only sign is then present on the back of the building located high up under this derelict building which is an unlit area. The text size is quite small. The only way to see and read the sign is to walk away from HE hall as you were exiting the area and stand under M House where the sign would then become legible and only during the day.

There are no clear boundaries as to which part of the land belongs to M House. Historically all the land belonged to HE Hall. Checking the post code for the property indicated in the particular of claim (MXX 7RL ) shows the area where the vehicle was parked is not in this area. The postcode for HE Hall is located in MXX 7SW and this is also the area in which the vehicle was parked.

Behind where the vehicle was parked, is a mesh fence, there was and still today no signs indicating parking restrictions or any other signage on the wall of HE Hall, which the vehicle was facing there is also no signage by the Claimant.

As you exit the area to the main road there is a parking area which is assumed to belong to the derelict M House, this is also blocked and inaccessible. It appears that any parking belonging to M House is inaccessible.

The lack of signage and the vicinity of where the vehicle was parked it is believed by the defendant the vehicle was parked in an area used by visitors to the hall whose building entrance was opposite. There is no signage at the entrance or exit of the area to the main road.

The defendant was not aware and could not be aware a parking permit was required in the area and believes there was no parking restriction where the vehicle was parked due to the lack of signage.

 

KeithP

No parking signage is visible or passed to where the vehicle was parked

You might want to re-think or re-arrange that sentence.

The first time I read the phrase "No parking signage is visible", I read it as "there are signs saying no parking".

Aia

KeithP said:

No parking signage is visible or passed to where the vehicle was parked

You might want to re-think or re-arrange that sentence.

The first time I read the phrase "No parking signage is visible", I read it as "there are signs saying no parking".

I'll change that , thank you. I have seem to have done that in another place

edit; I have updated by orginal defence