ECP DCB Legal court claim - Notice of Discontinuance (NOD) Received

OldBloke101

Thanks all for the replies. Great info there. I am intending to report to HMRC, something along the lines of " I am not sure, but I believe the attached email in regards to my query on VAT may be in breach of VAT regulations and result in a default on due VAT" and attach their reply.

Does that sound ok?

Also I have an extra bit to my defence in that the letters I have received from Euro Car Parks have quoted an incorrect figure for the amount of parking due, as there was an evening rate in force at the time and their machine was not working correctly and I could not pay the flat rate, so paid as near to it as I could. They have quoted the day rate, ignoring the flat evening rate altogether. When I appealed I mentioned the problems, which they again ignored, again quoting the day rate. I was thinking of saying they were in breach of contract for not maintaining their machine allowing their customers to pay the correct charge and that I made all reasonable endeavours to pay that charge. What does anyone think?

Thanks in advance

Coupon-mad

I think you don't need to say that in defence. Stick with the basics. Copy from one of the hundred other ECP / DCB Legal threads!

Your VAT concern report can also be copied from other thread and needs to say the concern is not paying VAT on a debt recovery fee (nothing to do with the PCN).

OldBloke101

Ok, Thanks Coupon-mad. Much appreciated.

OldBloke101

Hi All, just a quick update.

Acknowledgement of Service done at beginning of this week.

Reported to HMRC for VAT issues.

Just starting on my defence.

Gr1pr

I suggest that you change your thread title to something like 

ECP DCB Legal court claim 

OldBloke101

Thanks Gr1pr, have done that.

Below is my paragraph 3. all the rest is as per the template. I hope this is what is expected, if not then I have completely misunderstood what I am supposed to do.

3. 

The Defendant parked in the car park and attempted to pay the parking fee due. As this was evening a flat fee was in force. However, there was a fault with the parking payment machine and it was stuck on the Day rate and would not allow the Defendant to pay the correct fee. The defendant looked for a way to report the machine as faulty, but no number was provided. He attempted to pay by phone, but there was an issue and this did not proceed.

Having no other recourse, he paid as close to the correct fee as he could. On receiving the PCN the defendant appealed to the Claimant through their website explaining the difficulty in paying due to the faulty machine and pointing out that a flat evening rate was in force rather than the day rate.

The Claimant rejected the appeal, completely ignoring the fact that their machine was faulty and still claiming the day rate should have been paid.

All comments and suggestions welcome.

kryten3000

I would reduce that down to a single line - payment was impossible due to multiple failures of the claimant's systems.

It doesn't really matter because DCB Legal will discontinue this defended claim.

Coupon-mad

Yep agreed.

@kryten3000 means reduce paragraph 3 but of course within the whole Template Defence.

It doesn't really matter what you put as para 3 though because it will be discontinued.

OldBloke101

Ok, thanks both, much appreciated.

I am right to leave the rest as is, except for the minor tweak to paragraph 2 and the names etc. in the header?

Gr1pr

OldBloke101 said:

Ok, thanks both, much appreciated.

I am right to leave the rest as is, except for the minor tweak to paragraph 2 and the names etc. in the header?

Correct, most changes are only to P2 & p3