Incorrect 'Reason for Contravention' on DCBL letters

Riggsy68

I'll cut to the chase. I received a PCN from Euro Car Parks in October 2021 for overstaying 17 minutes in a car park which was practically empty. After a few years of ignoring their follow up letters, I inevitably started to receive correspondence from DCB Legal and DCBL, all of which I ignored. I have now received a Claim Form from the CNBC, but one thing I have noticed on all correspondence, including the Claim Form, is that it states the 'Reason for Contravention' is 'The PandD/permit purchased did not cover the Date and Time of Parking'. 
How can they claim this when I purchased a ticket for one hour on the date we used the car park for one hour 17 minutes?
If I were to use this on my Defence Form, would this help in any way to have my case thrown out? 

KeithP

What is the Issue Date on your Claim Form?

Riggsy68

KeithP said:

What is the Issue Date on your Claim Form?

17th September 24

Not_A_Hope

The PandD/permit purchased did not cover the Date and Time of Parking'

Euro Car Parks may of course state they mean time as in the ‘duration’ of parking. Courts recently have been quite pedantic about the poor Particulars of Claim many PPCs use and have thrown them out. It is up to a judges interpretation in the small claims court. After acknowledging their claim you should use the full template defence and gather any other evidence of their failures. No guarantees but with a robust defence and witness statement DCBL often discontinue. They are looking for the low hanging fruit that they can pressure into paying their outrageous scam or hope for a default judgment from those that ignore.

KeithP

Riggsy68 said:

KeithP said:

What is the Issue Date on your Claim Form?

17th September 24

With a Claim Issue Date of 17th September, you have until Monday 7th October 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 Monday 21st October 2024 to file a Defence.

That's over 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'.

Fruitcake

Please show us the PoC, but redact all personal data.

kryten3000

Does the claimant know the driver's identity or are they claiming against the Registered Keeper?

Riggsy68

kryten3000 said:

Does the claimant know the driver's identity or are they claiming against the Registered Keeper?

They are claiming against the registered keeper, my wife. But it was me driving.

Riggsy68

Fruitcake said:

Please show us the PoC, but redact all personal data.

Sorry, what is the PoC?

Nellymoser

POC = Particulars of Claim (the short paragraph on the left middle of a claim form, with very sparse facts). Remember to cover personal data before posting.

You'll find a list of forum acronyms in the NEWBIES FAQ thread near the end.

Riggsy68

Nellymoser said:

POC = Particulars of Claim (the short paragraph on the left middle of a claim form, with very sparse facts). Remember to cover personal data before posting.

You'll find a list of forum acronyms in the NEWBIES FAQ thread near the end.

Here you go.