Letter of Claim - DCB Legal

Coupon-mad

The BPA expect people to prove they appealed but don't expect operators to prove they sent a NTK or reply to appeal.

The industry is completely out of control.

TBM_3

Hi and Happy Christmas

I know this is bad timing and everyone is super busy - if one of you super helpful people could take a glance over my Defence, it would be appreciated. I can then get it sent off.

I've basically added that I was not the driver to the end of paragraph 2 in the defence template and then added the following in as my own words:-

3. Referring to the POC:

Paragraph 1 is denied. The Defendant is not indebted to the Claimant.

Paragraphs 3 & 4 are denied. Whilst the Defendant is the registered keeper, 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 there were no damages incurred whatsoever.

4.The Defendant’s vehicle was recorded as entering the car park referenced in the POC as the driver was a patron of the McDonalds drive through restaurant and as such the vehicle was continually occupied. Attention is drawn to the case of Ashby v Tolhurst 1937 where the judge declared ‘parking a car is leaving a car and, I should have thought, nothing else’.

5. An appeal against the PCN was made by the Defendant within the defined timescales and in accordance with the instructions detailed therein. However, the Claimant has stated ‘no appeal was made’. The Claimant is put to strict proof of all of their allegations.

The remainder of the defence is as originally written with amendment made to the numbering of paragraphs.
Thanks for your help.

KeithP

Do you have a County Court Claim Form?

If so, what is the Issue Date on it?

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

TBM_3

Yes I do - issue date was 03 Dec 2024.
I filed the AOS on the 13 Dec 2024.
So if I understand correctly the next part is to sign, scan and email my defence.
Thanks

KeithP

TBM_3 said:

issue date was 03 Dec 2024.
I filed the AOS on the 13 Dec 2024.

With a Claim Issue Date of 3rd December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 6th January 2025 to file a Defence.

That's over two 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'.

TBM_3

Thanks Keith, I've already prepared my defence and posted above what I have stated after paragraph 2 of the provided template. I was questioning whether this would suffice. I have noted Coupon-Mad has mentioned there is little point in putting more than a few lines in this part, so I have kept it brief and to the point.

1505grandad

"3. Referring to the POC:"

Have you left out the usual rebut of para 2 wording re date of issue of the PoC for any particular reason? (Unless of course the date issued of NtK stated in PoC is different to the parking event date).

Have/can you posted the PoC on this thread?

Gr1pr

As above,  you seem to have missed out point 2 about an incorrect date 

TBM_3

Ok, I think I've misunderstood that point. The POC states the PCN was issued on 3/6/2024 which was the date the car was in the car park. The date of the PCN letter was 7/6/2024. Is this what you're referring to?
I can add that back in - that aside, does it look ok?
Thanks 

Gr1pr

Then it wasn't issued on that date,  the incident date is not the issue date 

Lets see your revised paragraph before asking for our opinion on it, point 2 could be crucial