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Letter of Claim - DCB Legal

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Comments

  • TBM_3
    TBM_3 Posts: 30 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    This is what I have added into the defence template after Paragraph 2.

    3. Referring to the POC:

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

    Paragraph 2 is denied. No PCN was “issued on 03/06/2024” (the date of the alleged visit). 

    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.

    Thanks for your help
  • Coupon-mad
    Coupon-mad Posts: 157,723 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_Kirk
    Le_Kirk Posts: 25,660 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    All paragraphs require a number.  Just close up your sentences so they become one paragraph #3.
  • TBM_3
    TBM_3 Posts: 30 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks all - much appreciated - Happy Christmas!
  • TBM_3
    TBM_3 Posts: 30 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    My mediation phone call took place this week and went a bit like this:-
    Current 'debt' £261 and I offer £10 to stop the nonsense.
    They counter with will agree to reduce to £200
    I say £10
    They say will accept £150
    I say £10
    They say original £60 fine
    I say £10 or I'm happy to see them in court
    They say £35
    I say £10
    They accept the £10

    I was really loathed to give them a penny of my hard earned however, in the long run, it saves me precious time and I still see this as a win over these con artists. It has cost them way more than a tenner to produce and send multiple threatening letters etc.

    So whilst I'm not able to have the joy of posting a Letter of Discontinuation, I would just like to sign off saying a huge thank you to all the help I have received from the community on this forum. Without you, so many people would not know where to start in fighting back against unfair parking fines.
    Cheers, K
  • Coupon-mad
    Coupon-mad Posts: 157,723 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 April at 1:55PM
    Yay that's a win. Congrats!

     :D  

    ANOTHER ONE BITES THE DUST!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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