Need help on wording in Paraghraph 3 - defence letter - DCB Legal LTD - Euro Carparks

chrisPhan

Hi guys,
First, thanks for all useful information you guys added on the Parking tickets, fines and parking. they help me less panic on the Claim Form I received last week.
For the context, on 27th March 2022, I drove and tried to make payment at Browncorss Street Manchester Parking, but couldnt download the app due to the mobile connection at the parking is not stable. After around 15-20min, trying on 2 phones we couldnt make the payment and left. And then I got the PNC. Then DCB Legal for 2 and half year followed by Claim Form lastweek(17/09/2024)


I used moneyclalim to log the AOS today


And I am preparing the defence letter. Below is what I have:

  3. On 27/03/2022, the Defendant was the driver and attempted to comply with the parking terms at the Browncross Street car park, Manchester. The Defendant tried to download the RingGo app to pay for parking but was unable to do so due to poor 4G signal in the area. The machine at the location did not support card payments, and the Defendant did not have any coins to make a cash payment.

4. The signage at the car park did not provide clear information regarding any grace period. The Defendant believed that since payment could not be made, promptly leaving the car park would prevent any breach of terms. The Defendant did not leave the vicinity of the vehicle, as attempts were continuously made to pay for parking before deciding to leave.

5. The Defendant remained at the car park for approximately 20 minutes to tried making payment on 2 phones before leaving and parked elsewhere. If CCTV footage is available, it will confirm that the Defendant did not leave the car park for any other purpose other than trying to make the payment. The Defendant's wife was present as a witness and can confirm the efforts made to comply with the parking terms.

What do you think, are they good enough, long enough or anything I need to add or remove
Thanks.

KeithP

With a Claim Issue Date of 17th September, and 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 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 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'.

chrisPhan

Many thanks for your reply @KeithP. 
I am preparing the defense letter and wonder are 3 points I tried to make above suitable and or anything redundant, anything should be updated. After paragraph 5, I will use the rest from the template.

Thanks

chrisPhan

by the way, I tried to update the first post as I see some rules about not posting the correct amount, I am not sure if above image breach of guidline, if so, could you please help to remove, if not all's good. Thanks

Coupon-mad

It's OK to show the claim amount.

Change para 5 to:

5. The Defendant remained at the car park only for the time it took to read the signs then frantically try their utmost to pay, using several methods and two different phones, before leaving and parking elsewhere. The Defendant's wife was present as a witness and can confirm the efforts made to comply with the parking terms. They gained no amenity from the site and promptly left. Any alleged contract was frustrated by an app that is not fit for purpose. The so-called contract was void for impossibility and the fault lies squarely with the claimant. There was no breach of a relevant obligation arising from any mischievous or negligent conduct or fault of the Defendant and it is denied that any 'parking charge' is payable under the circumstances.

chrisPhan

Hi guys,
There is an update with my case, I received a [WITHOUT PREJUDICE SAVE AS TO COSTS] From dcb Legal ltd. I believe I shouldnt react to this and wait for Directions Questionnaire (form N180),Step 4 in the guideline Am I right?

Coupon-mad

Yep. No need to check anything in the first 12 steps.  It is all up to date.

chrisPhan

Finally I got this notice of discontinuance. Thanks everyone for your help and support

Gr1pr

Another candidate for the discontinuations thread by @Umkomaas,  well done for sticking with it 

Umkomaas

Got it, over to the DCB Legal Discontinuation thread of shame.  Thanks for copy of NoD. 👍

Coupon-mad

Yay! You won - congrats!

ANOTHER ONE BITES THE DUST!