TOTAL CAR PARKS LIMITED & DCB Legal court claim 2025

Coupon-mad

wahidur35 said:

Coupon-mad said:

No - the acronym.

Do I just ignore them then and report them?

Yes, same as the hundreds of other exact same threads you find when you search the forum for that acronym.

wahidur35

Coupon-mad said:

wahidur35 said:

Coupon-mad said:

No - the acronym.

Do I just ignore them then and report them?

Yea, same as the hundreds of other exact same threads you find when you search the forum for that acronym.

I have now received a letter in the post from HM Courts & Tribunal Service stating DCB LEGAL claim I owe them money and I need to respond or they can request a CCJ. What is the next steps?

Coupon-mad

I presume since November that you took a few minutes to read a good half dozen court claim threads to get clued up and ready for this, as anyone would.

Show us the POC, and the claim issue date, the image being redacted exactly as shown on all the other claim threads you saw. 

Gr1pr

Edit the thread title to something more suitable like 

ECP & DCB Legal court claim 2025

I assume that you have received an N1SDT court claim pack from the CNBC in Northampton   ?  If yes then

Post the issue date from the top right of the claim form 

Post a redacted picture of the POC on the lower left of the claim form 

Read a few other recent cases since the beginning of this year 

Is their client ECP  ?  OR maybe UKPC or Parking Eye or some other parking company   ?

wahidur35

Coupon-mad said:

I presume since November that you took a few minutes to read a good half dozen court claim threads to get clued up and ready for this, as anyone would.

Show us the POC, and the claim issue date, the image being redacted exactly as shown on all the other claim threads you saw. 

Hi this has the response I have come up with after reading through other cases, please let me know if it is sufficient.


This is thier claim:)
Particulars of Claim 1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge issued to vehicle XXXXXXX at XXXXXX Car Park.
2. The PCN(s) were issued on 09/03/2024
3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason:Parked Without A valid parking session
4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule AND THE CLAIMANT CLAIMS 1. £160 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

Issued: 8th Jan 

However I have already asked for extension. I will be sending my defence online (www.moneyclaim.gov.uk)

Original claimant: TOTAL CAR PARKS LIMITED

DEFENCE

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. It is denied that any conduct by the Defendant was in breach of any terms. Further, it is denied that the Claimant has standing to sue or form contracts in their own name, as they are understood to act as agents under a bare licence. Liability is denied.

The facts known to the Defendant:

1. The facts in this defence come from the Defendant's own knowledge and honest belief. The Defendant was the driver at the time of the alleged incident and made the required payment for the parking session using the Parkonomy app. The Defendant has already provided proof of payment, which clearly shows the payment was made for the correct duration and includes the correct start and end time of the parking session.

2. Referring to the POC: Paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. The Defendant made the correct payment on 09/03/2024, and no PCN should have been issued. The payment was processed correctly by the Parkonomy app, but it appears that an administrative or system error resulted in the incorrect association of the payment with the parking session.

3. The Claimant has failed to provide any evidence that the Defendant did not pay for the parking session, despite the Defendant supplying proof of payment. Therefore, the Defendant denies any breach of the terms of the car park. The quantum is inflated, as the Defendant was in compliance with the parking requirements.

4. The Claimant will concede that no financial loss has arisen and that in order to impose an inflated parking charge, as well as proving a term was breached, there must be:

   (i) a strong 'legitimate interest' extending beyond mere compensation for loss, and
   (ii) 'adequate notice' of the 'penalty clause' charge which, in the case of a car park, requires prominent signs and lines.

5. The Defendant denies that (i) or (ii) have been met. The charge imposed, in all the circumstances, is a penalty, not saved by ParkingEye Ltd v Beavis [2015] UKSC 67 ('the Beavis case'), which is fully distinguished

6. In light of the above, the Defendant requests that this claim be dismissed.

Also I do not remember if I got the original PCN letter? So should I take this out that I didnt. 

KeithP

wahidur35 said:

Issued: 8th Jan 

However I have already asked for extension. I will be sending my defence online (www.moneyclaim.gov.uk)

It is now ten days since you were asked questions about specific details.
At this stage in the process, time is of the essence.

Can I assume that what I have quoted above is telling us that the Issue Date on the Claim Form is 8th January and that you have filed an Acknowledgment of Service?
Upon what date did you file an Acknowledgment of Service? Your MCOL Claim History will have the definitive answer to that question.

wahidur35 said:

I will be sending my defence online (www.moneyclaim.gov.uk)

That is definitely not a good idea.
When you've answered my latest two questions, the reason will become clearer.

wahidur35

 KeithP said:

wahidur35 said:

Issued: 8th Jan 

However I have already asked for extension. I will be sending my defence online (www.moneyclaim.gov.uk)

It is now ten days since you were asked questions about specific details.
At this stage in the process, time is of the essence.

Can I assume that what I have quoted above is telling us that the Issue Date on the Claim Form is 8th January and that you have filed an Acknowledgment of Service?
Upon what date did you file an Acknowledgment of Service? Your MCOL Claim History will have the definitive answer to that question.

wahidur35 said:

I will be sending my defence online (www.moneyclaim.gov.uk)

That is definitely not a good idea.
When you've answered my latest two questions, the reason will become clearer.

yes the issue date on the form is the 8th

I filed it on the 21st and it was received on the 22nd

KeithP

wahidur35 said:

 KeithP said:

wahidur35 said:

Issued: 8th Jan 

However I have already asked for extension. I will be sending my defence online (www.moneyclaim.gov.uk)

It is now ten days since you were asked questions about specific details.
At this stage in the process, time is of the essence.

Can I assume that what I have quoted above is telling us that the Issue Date on the Claim Form is 8th January and that you have filed an Acknowledgment of Service?
Upon what date did you file an Acknowledgment of Service? Your MCOL Claim History will have the definitive answer to that question.

wahidur35 said:

I will be sending my defence online (www.moneyclaim.gov.uk)

That is definitely not a good idea.
When you've answered my latest two questions, the reason will become clearer.

yes the issue date on the form is the 8th

I filed it on the 21st and it was received on the 22nd

With a Claim Issue Date of 8th January, and having filed an Acknowledgment of Service('AOS') in a timely manner, you have until 4pm on Monday 10th February 2025 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 AOS has been filed, the MCOL website should be treated as 'read only'.

wahidur35

KeithP said:

wahidur35 said:

 KeithP said:

wahidur35 said:

Issued: 8th Jan 

However I have already asked for extension. I will be sending my defence online (www.moneyclaim.gov.uk)

It is now ten days since you were asked questions about specific details.
At this stage in the process, time is of the essence.

Can I assume that what I have quoted above is telling us that the Issue Date on the Claim Form is 8th January and that you have filed an Acknowledgment of Service?
Upon what date did you file an Acknowledgment of Service? Your MCOL Claim History will have the definitive answer to that question.

wahidur35 said:

I will be sending my defence online (www.moneyclaim.gov.uk)

That is definitely not a good idea.
When you've answered my latest two questions, the reason will become clearer.

yes the issue date on the form is the 8th

I filed it on the 21st and it was received on the 22nd

With a Claim Issue Date of 8th January, and having filed an Acknowledgment of Service('AOS') in a timely manner, you have until 4pm on Monday 10th February 2025 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 AOS has been filed, the MCOL website should be treated as 'read only'.

Thank you for the reply. Is my defence above not okay?

KeithP

wahidur35 said:

Is my defence above not okay?

I'll leave it for someone else to comment on the content of the Defence. It's not my forte.