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2 DCB Legal Claim Forms for 2 Vehicles

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  • LDast said:
    No. That is not your defence but it is an abuse of process which must be highlighted to the court. You could submit with your defence a draft order for the allocating judge to impose on VCS to explain if they are suing the defendant s the keeper, they must explain how they are able to do that and therefore, their statement of truth is anything but truthful.

    A draft order would ask whether the claim is being brought under Schedule 4 of PoFA and if so, on what grounds does the claimant believe that is able to do so.
    Many thanks for this. I am wondering if there is any help I can get with a defence on this case or if there are examples of technical defences that I could use?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 16 August 2024 at 7:11PM
    LDast said:
    No. That is not your defence but it is an abuse of process which must be highlighted to the court. You could submit with your defence a draft order for the allocating judge to impose on VCS to explain if they are suing the defendant s the keeper, they must explain how they are able to do that and therefore, their statement of truth is anything but truthful.

    A draft order would ask whether the claim is being brought under Schedule 4 of PoFA and if so, on what grounds does the claimant believe that is able to do so.
    Many thanks for this. I am wondering if there is any help I can get with a defence on this case or if there are examples of technical defences that I could use?
    Does my earlier post not help with that?
    I wrote...
    To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.
  • Coupon-mad
    Coupon-mad Posts: 152,272 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just use the Template Defence. Very easy.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Just use the Template Defence. Very easy.
    Thanks, something for me to do when I arrive at my holiday destination tomorrow. Appreciate everyone's help.
  • Just use the Template Defence. Very easy.
    Thanks, something for me to do when I arrive at my holiday destination tomorrow. Appreciate everyone's help.
    Hi, I am now preparing my defence and, whilst I have located the defence document you refer to, I am uncertain of the nature of my defence from a legal perspective. Essentially, I was unexpectedly directed to a different car park to that which I had ever previously been directed, for a meet & greet service. Due to uncertainty, I parked before a car park barrier, of which there was at least 2, whilst I called the parking company for clarification before entering the car park. Once, this had been clarified, I entered the car park and paid the fee. Should I just use this? To add insult to injury, the car was stolen whilst I was on holiday from what was, in my opinion, a dodgy offsite car park, hence the unexpected directions mentioned above. 
  • Coupon-mad
    Coupon-mad Posts: 152,272 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes just put those facts as your paragraph 3.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Yes just put those facts as your paragraph 3.
    Should I include a mention of the car being stolen?
  • Coupon-mad
    Coupon-mad Posts: 152,272 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Not relevant.  
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • DCB have emailed me a copy of their completed N180 (only for the claim where I admitted to being the driver) asking me to call within 7 days if I want to discuss settling. Presumably ignore this and wait for the Court to send me an N180 to complete?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DCB have emailed me a copy of their completed N180 (only for the claim where I admitted to being the driver) asking me to call within 7 days if I want to discuss settling. Presumably ignore this and wait for the Court to send me an N180 to complete?

    You were expecting that weren't you?

    Item 7 on that checklist you were following when you filed a Defence says...

    Items 8, 9 and 10 on that list might be worth another read too.
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