Highview Parking Ltd Claim Form - Defence Help - DCB LEAGAL,

louisnorman

Coupon-mad said:

4.2 is wrong then. There's only one PCN. Reminders are irrelevant.

The defence should just be like any other DCB Legal defence which is usually a matter of adding just one paragraph.

Coupon-mad said:

Le_Kirk said:

Should the OP not be using the CEL v Chan PLUS Akande?  @Coupon-mad are you going to change the @hharry100 defence to refer to both the recent cases as per the list in my judgments link?

I guess I could just show a URL link within the defence instead.

Thanks all, I just drafted the part of the Defence.

The facts known to the Defendant:

1. 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, but not the driver of the vehicle on the alleged contravention date of 03/01/2024.

2. The Defendant moved house recently and sent the updated V5C logbook information to the DVLA in early January 2024, with the V5C officially issued on 12/01/2024. The Defendant did not receive any Parking Charge Notice (PCN) or communication from the Claimant until a debt collection letter from DCBL was received on 20/03/2024, dated 18/03/2024, regarding the contravention.  Under PoFA 2012, the Notice to Keeper (NTK) must be served within 14 days of the alleged contravention if no Notice to Driver was issued at the scene. The Claimant has failed to comply with the statutory requirements of Schedule 4 of PoFA 2012, which must be satisfied in order to hold the registered keeper liable for the parking charge.

3.The Defendant was not the only insured driver of the vehicle in question, and the Claimant has not provided any proof of who was driving. The lack of evidence provided thus far by the Claimant has failed to identify either the driver or the circumstances that day, leaving the Defendant unaware of the issue. The Defendant reserves the right to amend or expand upon this Defence should the Claimant provide further evidence.

4. The Defendant’s vehicle (DxxxxxX) was at xxx Retail Park on 3/1/2024; however, the Defendant was not the driver. Referring to the POC: all paragraphs are denied. Paragraph 2 references the wrong date. No PCN was 'issued on 3/1/2024’ (Date of Contravention: 3/1/2024). The Defendant is not liable and has seen no evidence of a breach of prominent terms. The quantum is hugely exaggerated (no PCN can be £170 on private land), and no damages were incurred. The Claimant is put to strict proof of all their allegations.

May I ask which version should be taken for the  rest of the Defence?  hharry 100? or standard? Thanks!

Coupon-mad

Hharry because of this POC: 

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charges) issued to vehicle xxxxx at xxx Retail Park.

2. The PCN(s) were issued on  3/1/2024

3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason:Vehicle Remained On Private Property In Breach Of The Prominently Displayed Terms And Conditions.

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

AND THE CLAIMANT CLAIMS

1. £170 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

------------------

Remove this:
"(Date of Contravention: 3/1/2024)."

Le_Kirk

Coupon-mad said:

Le_Kirk said:

Should the OP not be using the CEL v Chan PLUS Akande?  @Coupon-mad are you going to change the @hharry100 defence to refer to both the recent cases as per the list in my judgments link?

I guess I could just show a URL link within the defence instead.

Yes, that might work if you mean a URL to the Judgments link but don't the first few words of the @hharry100 defence need amending?

2. The Defendant draws to the attention of the allocating Judge that there is are now a two persuasive Appeal judgments to support striking out the claim (in these exact circumstances of typically poorly pleaded private parking claims, and the extant PoC seen here are far worse than the ones seen on Appeal). 

Coupon-mad

Yes but surely I don't have to do that for people? I already dislike providing a template appeal and defence!  Surely people can work out what to put, is my usual approach.

 

P.S. I will change it at some point... I'm just busy that's all.  Loads of stuff on.  I will get around to it.

Le_Kirk

Noted.  I have added some words to the post that people find from NEWBIES to ask them to adjust the first couple of sentences and also posted what you wrote about the very same thing here 14 August at 8:52PM

louisnorman

Hi guys, just update my status.  Thanks for your help in advance. 

My claim status:

• Your defence was received on 07/10/2024
• DQ sent to you on 07/11/2024
• DQ filed by claimant on 07/11/2024

I am not in the UK right now and will be back before Christmas. So I will not receive the DQ letter. What should I do? Thanks.

Also got email from DCB legal:

Good morning
Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court. Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

Kind Regards,  

Annalise Cogley 

Litigation Support Associate 

DCB Legal Ltd  

Le_Kirk

Download one, complete it and send it to the e-mail address shown in the template defence thread with a copy to the claimant or their solicitor if they are using one.

KeithP

Just to add to @Le-Kirk's post...

Perhaps delay filing and serving your completed DQ until the end of November with the intention of delaying any further interaction until you are back home.

louisnorman

Thanks KeithP said:

Just to add to @Le-Kirk's post...

Perhaps delay filing and serving your completed DQ until the end of November with the intention of delaying any further interaction until you are back home.

Thanks KeithP, can I fill  DQ form when I back to the UK?

KeithP

louisnorman said:

Thanks KeithP said:

Just to add to @Le-Kirk's post...

Perhaps delay filing and serving your completed DQ until the end of November with the intention of delaying any further interaction until you are back home.

Thanks KeithP, can I fill  DQ form when I back to the UK?

You know the dates... we don't.

DQ can be completed and returned by email... remembering to send a copy to the Claimant.