Two PCNs paid for by leasing company + defending claim against G24 for 3rd PCN due to keying error

travellover123

Makes sense. Thank you!!
Will keep you all updated and hopefully will see the end of all this soon.

travellover123

Hi all, 

I received the claim and have submitted an Acknowledgment of Service.

Here is the defence I have drafted. Please let me know your thoughts.

Thank you! 

2. The allegation(s) and heads of cost are vague and liability is denied for the sum claimed, or at all. At the very least, interest should be disallowed; the delay in bringing proceedings lies with the Claimant. This also makes retrieving material documents/evidence difficult, which is highly prejudicial. The Defendant seeks fixed costs (CPR 27.14) and a finding of unreasonable conduct and further costs (CPR 46.5). The Defendant admits to being the lessee and driver of the vehicle but denies that any parking charge is owed.

3. On the material date, the Defendant parked at X shopping centre, where parking is advertised as free for Asda shoppers who register their vehicle details. The Defendant entered the vehicle registration number into the parking system inside the store. Unfortunately, due to a minor keying error, the registration was entered as “AA11ACB” instead of the correct “AA11ABC”. This was a genuine and trivial mistake, falling squarely within the definition of a “minor keying error” as set out in Annex F.1 of the Joint BPA & IPC Code of Practice (the Government-mandated Code). The Code requires that charges must not be pursued where only a minor keying error has occurred.

3.1 The Claimant was in possession of accurate ANPR data showing the Defendant’s vehicle entering and leaving within the permitted free parking period (120 minutes, the Defendant left after 116 minutes). The Claimant therefore suffered no financial loss and cannot reasonably claim that the Defendant failed to pay any tariff.

Coupon-mad

Hang on, who is suing you? Looking at your thread title and your first post on this thread, I thought this is all about a case where the lease firm had paid two G24 PCNs and so it can't be the parking firm suing you?

Show us the claim form with all data redacted and the Claim number and Password.

And please edit your thread title as it isn't making sense now.

travellover123

Hi, 
Yes sorry it got complicated as originally I received 2 PCNs which the leasing company paid and then a couple weeks later I received a 3rd PCN which the leasing company did not pay and forwarded to me and I followed the appeals procedure as advised by you guys 

Coupon-mad

Show us the claim form with all data redacted and the Claim number & Password covered.

And please edit your thread title again because you aren't 'appealing' you are now defending a claim.

travellover123

Here is the claim form

Coupon-mad

Search the forum for other G24 DCB Legal claims  because they are all the same! You can copy a defence using the Template Defence as the base.

Have you done the AOS yet? When?

travellover123

Will the defence I posted above do? I used the Template Defence and edited section 2 and 3 for my specific case. 

I submitted the AOS on 19th August

Car1980

Yes. The claim will be discontinued eventually, no matter what's in your defence.

Coupon-mad

Yes it looks good. So G24 are suing you for a typo because nobody at DCB LTD or Legal has competently or fairly reviewed the facts in dispute because they make no money that way:

Unfortunately, due to a minor keying error, the registration  was entered as “AA11ACB” instead of the correct “AA11ABC”. This was a genuine and trivial mistake, falling squarely within the definition of a “minor keying error” 

I would add how you found out about that. You must have found out from G24, but they still carried on to sue you?! It's an abuse of court.