County Court Claim - DCB Legal

Bta23489

Hi

i received a county court claim a few days ago (issue date 5th Sep)for ‘unauthorised parking’. This was at a small restaurant parking just off the main road. I went in and out within 5-6mins and later recieved a pcn. This took place over a year ago. They started chasing me regularly only for last 3-4months. I’ve been very busy so didn’t  appeal earlier. I’m new to this forum but I have had a read on newbies thread and just wanted abit of advise. 

Is there a grace period in place for private parking ? Surely they can’t fine me for staying for 5 mins. It can take that long just to look for and read the small print on them parking signs. I will follow the newbies thread on making a defence but just wanted to know what I can add in the defence in regards to the grace period and has anyone else had something similar ? They are claiming £267.50 of which 35 court and 50 legal fees. They are also charging 8% interest. 

Any help is very much appreciated

Thanks

KeithP

Hello and welcome.

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

Who is the Claimant?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Bta23489

KeithP said:

Hello and welcome.

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

Who is the Claimant?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Hi

It won’t let me attach for some reason but I have copied below.I have not acknowledged yet will do tonight. Claimant is spring parking who are claiming through DCB

also just to add that when I got the initial pcn there was no mention of how long I was in the parking for 

The Defendant (D) is indebted to the Claimant (C) for a Parking Charges) issued ……

1. The PCN(s) were issued on ..06/2023
2. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason:Unauthorised

Parking

4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS

1. £165 being the total of the PCN(s) and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.02 until judgment or sooner payment.
3. Costs and court fees

thanks 

KeithP

With a Claim Issue Date of 5th September, you have until Tuesday 24th September to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 8th October 2024 to file a Defence.

That's almost four 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

LDast

You can't post pdf images. You have to save the image as a jpg or png to be able to upload it.

What is the "issue date" of your claim?

Bta23489

LDast said:

You can't post pdf images. You have to save the image as a jpg or png to be able to upload it.

What is the "issue date" of your claim?

Issue date is 5th Sep. I have now done the acknowledgment of service. Any advise on the defence would be greatly appreciated. I have gone through the newbies template but I couldn’t find anything relating to mine specifically as in only being in the car park for 5 mins. Would the grace period argument be the main point of my defence ? I will also add all the other points mentioned as in poor signage etc

Thanks!

LDast

With a "issue date" of 5th September and having submitted your AoS, you now have until 4pm on Tuesday 8th October to file your defence. So, do not rush it as you have plenty of time.

Imagine that you have had no prior communication about this alleged breach of contract and all you know about it is what is in the PoC. Check all the info in there and try and write a defence to any allegation you can find in there.

As you can see, it is almost impossible to defend something that is not properly pleaded. Is there not a mention of ay "breach of contract" in there? What is this contract term that you, the Keeper have supposedly breached? Is the date of the supposed "issue of the PCN" correct? Remember, a PCN can only be issued after the claimant has applied to the DVLA for the Keepers data, so at least two or three days after the alleged breach of contract.

How much of the PCN they are claiming for is the principal and how much is "damages"? What are those damages? Are they allowed to claim interest on the "damages" or only on the principal? From what date have they calculated the interest?

These are all questions that are supposed to be able to be answered in the PoC. After all, it is a legal document signed with a statement of truth.

Tell us your answer to the above questions and then formulate your para #3 of the "long" defence from the Template Defence thread or, if you like, there is a much shorter defence which includes a draft order for the judge to tell the claimant to issue additional PoC that comply with the requirements of CPR 16.4 or else the claim will be struck out.

Coupon-mad

Have you still got the first postal Notice to Keeper you received from Spring Parking?  Redact data and show us both sides of it.

Bta23489

LDast said:

With a "issue date" of 5th September and having submitted your AoS, you now have until 4pm on Tuesday 8th October to file your defence. So, do not rush it as you have plenty of time.

Imagine that you have had no prior communication about this alleged breach of contract and all you know about it is what is in the PoC. Check all the info in there and try and write a defence to any allegation you can find in there.

As you can see, it is almost impossible to defend something that is not properly pleaded. Is there not a mention of ay "breach of contract" in there? What is this contract term that you, the Keeper have supposedly breached? Is the date of the supposed "issue of the PCN" correct? Remember, a PCN can only be issued after the claimant has applied to the DVLA for the Keepers data, so at least two or three days after the alleged breach of contract.

How much of the PCN they are claiming for is the principal and how much is "damages"? What are those damages? Are they allowed to claim interest on the "damages" or only on the principal? From what date have they calculated the interest?

These are all questions that are supposed to be able to be answered in the PoC. After all, it is a legal document signed with a statement of truth.

Tell us your answer to the above questions and then formulate your para #3 of the "long" defence from the Template Defence thread or, if you like, there is a much shorter defence which includes a draft order for the judge to tell the claimant to issue additional PoC that comply with the requirements of CPR 16.4 or else the claim will be struck out.

Hi

thanks for your response. I have attached the claim providing the information. I will start on my defence soon

Thanks

Bta23489

Coupon-mad said:

Have you still got the first postal Notice to Keeper you received from Spring Parking?  Redact data and show us both sides of it.

No unfortunately not got any of the notices just the last notice of claim

KeithP

You need to be aware that those Particulars of Claim are totally inadequate.
Particularly this bit...

So it is alleged that the driver 'breached the terms on the signs (the contract)'.

And that allegation is then rephrased - 'Reason: Unauthorised Parking'.

Nowhere in those Particulars is there any explanation of what the driver is alleged to have done wrong.

This will be an easy win.