Claim form DCB Legal

Kermit74

Hello,

Firstly many many thanks to the people that put all this information together - it's greatly appreciated.

I have received a claim form from the Civil National Business Centre, Euro car parks is the claimant, DCB Legal are the solicitors dealing with the claim.

I have read the newbies thread so just wanted to post my paragraphs 2 & 3 for a second opinion before I email it. I have done the part regarding MCOL already.

For background, I received a PCN after I'd parked in a car park operated by euro car parks that backed onto a shop. The shop I was shopping at had 2 marked spaces for it's customers - I still have the receipt for my purchase and have a picture of the parking spaces outside the shop ( the retailer no longer operates from that unit) The time you could spend in the parking space was limited to 30mins, but I never saw any signs stating this, I only found this out after I asked in the shop some weeks later after receiving the PCN.  I did park longer than 30mins just for clarity. After years of receiving letters about this from various companies I have been sent this claim form. The original PCN was issued on 22/05/21.

I was planning to state the following:

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.

 

3. The defendant’s vehicle had been parked outside a shop that the defendant was shopping in. The parking space the defendant had parked in was clearly marked with the name of the shop. The defendant made a purchase from this shop (evidence of this purchase is available) and visited this shop only. There were no signs indicating that this parking space was time limited for the shops customers. 

Many Thanks!

KeithP

Hello and welcome.

What is the Issue Date on your Claim Form?

Can you please show us a picture of the Particulars of Claim - with personal detail hidden of course.

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Kermit74

Hi Keith,

Issue Date of Claim form 30 Jul 2024.

I filed the acknowledgement of service on 11/08/24



Kermit

Bazarius

What is the period of parking specified on the PCN?  

Do you still have the original pcn ?

KeithP

Kermit74 said:

Issue Date of Claim form 30 Jul 2024.
I filed the acknowledgement of service on 11/08/24

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 a little over a week away. Plenty of time to produce a Defence and it is good to see that you are not leaving 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'.

Coupon-mad

The allegation is not 'overstaying 30 minutes'.

It's saying you 'failed to purchase' (a ticket or permit) so your paragraph 3 needs to respond to that.

Le_Kirk

Was there a PDT available?

Gr1pr

Pictures of the parking signs by ECP from back in 2021 would be useful, to see if parking time could be purchased, or not, and by what methods if any

What the shop said is hearsay and not binding, its someone's opinion 

The NTK PCN letter is the first tangible exhibit, the actual invoice demanding money, and the reason for it being sent 

Kermit74

Le_Kirk said:

Was there a PDT available?

What is a PDT?

Gr1pr

Kermit74 said:

Le_Kirk said:

Was there a PDT available?

What is a PDT?

Pay & Display Terminal 

In other words, because the allegation on the POC is not paying for the time on site, obtaining a ticket or a permit, you are being asked about what payment methods were available to pay for the parking time or to permit the period of parking,  so a PDT or by app or phonepay or by inputting the VRM into a terminal insider the business etc 

What the shop staff told you isn't really relevant here, the ECP signs formed any such contract with the driver by conduct of that driver 

Kermit74

Bazarius said:

What is the period of parking specified on the PCN?  

Do you still have the original pcn ?

From memory it was about 45mins, but I could be wrong, it may have been longer. I don't have the original PCN. Everything I've ever received about this has always gone straight in the bin - advice taken from other forums.