defence help please, DCB legal & euro car parks

smooth_operator

Good evening 

require some help if possible regarding my defence, unsure if i've got a case or not 

filled my AOS on the 11/08/2024
was received on the 12/08/2024

the claim was issued against me on the 30/07/2024

entered into a retail car park, paid via mii permit app, then received a pcn stating no valid pay and display ticket was issued. 
upon checking, noticed the car park in question had a similar name. 
one being called meadows surface car park and the other meadows retail car park. so i had paid but for the incorrect one. 
i ended up paying the fine and have proof of payment with receipt number but still the parking firm are pursuing a claim, have i got a defence case?

any help would be appreciated, i've had a look through the forums and can't find anything relevant  

thank you 

KeithP

smooth_operator said:

filled my AOS on the 11/08/2024
was received on the 12/08/2024
the claim was issued against me on the 30/07/2024

I've had a look through the forums and can't find anything relevant  

Hello and welcome.

With a Claim Issue Date of 30th July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 2nd September 2024 to file a Defence.

That's under two 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 Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.


However, I am a bit puzzled by this sentence...

smooth_operator said:

I ended up paying the fine and have proof of payment with receipt number but still the parking firm are pursuing a claim...

smooth_operator

I paid the fine in the time specified, the discount sum of £60 for not displaying a valid pay and display ticket 

Only to continue to receive letters from euro car parks saying I’ve still got an outstanding balance, then debt recovery plus and finally DCB legal. Stating I’ve got an unpaid parking charge now up to the sum of £170

Coupon-mad

I thought you now had a claim for £270 odd?

Show us the POC please.

You never had a fine and shouldn't have paid.

smooth_operator

Coupon-mad said:

I thought you now had a claim for £270 odd?

Show us the POC please.

You never had a fine and shouldn't have paid.

POC as requested 

thank you 

Coupon-mad

And are you SURE this is the same PCN ref as the one you (wrongly) paid?

smooth_operator

Yeah definitely the same ref

smooth_operator

I’ll start my defence draft and post the first paragraph 

Coupon-mad

Good. The fact you paid the PCN means they have no cause of action and shouldn't even be storing, let alone processing, your data.

smooth_operator

here is a copy of my defence, will include the rest of the template defence from the forum 

unsure if i need to include any further information regarding evidence of a receipt from euro car parks for the £60 paid or include this at a later stage ? 

thank you

3. The defendant at the time of the incident was visiting Chelmsford to complete a shopping trip. The defendant entered into meadows car park on the 28/02/2022. A pay and display ticket was purchased by the defendant online via MII permit app for the duration of their stay. The defendant returned to their vehicle on completion of their shopping trip within the specified time and left the car park. The defendant then received a PCN from the claimant stating no valid pay and display ticket was purchased. The defendant question the charge only to be informed they had purchased a valid pay display ticket for meadows retail surface car park not meadows retail car park.

 

4. The defendant paid the invoice sent by the claimant to the sum of £60 only to continue to receive letters stating money is still owed.

Coupon-mad

I'd change:

4. The defendant paid the invoice sent by the claimant to the sum of £60 only to continue to receive letters stating money is still owed.

to

4. Without admitting liability - but to try to avoid the exact series of intimidating and aggressive debt demands that the Claimant has let loose during the past two years - the Defendant paid the 'parking charge' invoice to the sum of £60. The matter is closed. There is no debt, the Claimant has acted wholly unreasonably and if they fail to discontinue this claim immediately, the Defendant will seek full costs.