Claim Form - Capital Car Park Control / DCB Legal

Troublesum1

Hello All,

Annoying to have to be back posting here about a new PCN but glad to have made a few of your acquantaces already and I'm fairly confident about defending this claim. Mostly making this thread to document and make sure I don't overlook the obvious.

So I was visiting my parents and it appears a new company has taken control of the parking I normally use which used to be free to park on the weekends. The signage is horribly placed, I will provide evidence for that and I only noticed it when I was leaving the parking area. When I noticed it in a desperate attempt to avoid any PCN I paid for the whole day of parking at the day rate of £2. Unfortunately that did not stop the PCN, which arrived through the post. It happened a while ago and I honestly can not even remember if I attempted to appeal it or not. I susequently got the Letter of Claim from DCB Legal and then the Claim Form. Claim Form has the issue date of 25 September 2024, I've already done the AOS and I believe that gives me till 28th October 2024 to submit my defence? I have only just submitted a SAR to Capital Car Park so not sure if they will get back to me by 28th.

Currently I plan to mostly base my defence around poor signage but I do wonder if I've paid a day rate on the same day as the parking should I not be covered for the whole day irrespective of whether it was before or after payment? Any help would be greatly appreciated, I will flesh out my defence in the coming days.

KeithP

Troublesum1 said:

Claim Form has the issue date of 25 September 2024, I've already done the AOS and I believe that gives me till 28th October 2024 to submit my defence?

Assuming you filed an Acknowledgment of Service after 27th September, then you are right with your Defence filing deadline - 4pm on Monday 28th October 2024.

Can you please show us a picture of the Particulars of Claim - with all your personal detail hidden of course.

Troublesum1

KeithP said:

Troublesum1 said:

Claim Form has the issue date of 25 September 2024, I've already done the AOS and I believe that gives me till 28th October 2024 to submit my defence?

Assuming you filed an Acknowledgment of Service after 27th September, then you are right with your Defence filing deadline - 4pm on Monday 28th October 2024.

Can you please show us a picture of the Particulars of Claim - with all your personal detail hidden of course.

Thank you Keith - see attached for Particulars of Claim

Troublesum1

Hey all, I have to submit my defence by 4pm tomorrow, this draft is very late I've just had a lot on but hopefully somebody can just give it a once over. Unfortunately I haven't yet had a response to the SAR and I don't have the photos from the original ticket. I will get a family member to get photos of the signage.

DEFENCE:

3.The defendant parked in the area to visit their family member, no signage was seen upon arrival. Upon departure a sign was spotted very high above the parking area, it was almost ineligible from ground level. Upon straining to read the sign, whilst not wholly being able to read the sign, to avoid any harassment, the defendant paid the daily rate the sign requested as payment to park in the area. The defendant did not receive any letters before receiving the claim form.

 

3.1 The defendant’s defence is firstly that the signage that detailed the supposed contract was placed in such a way that it could not be reasonably expect every person would be able to read it

3.2 Secondly the defendant did pay for the day rate on the delay of the alleged contract breach, so there was no breach

Many thanks for any help in advance

Coupon-mad

Just change this:

Secondly the defendant did pay for the day rate on the delay of the alleged contract breach, so there was no breach

to this

Secondly the defendant did pay for the day rate on the day of the alleged contract breach, so there was no breach

Troublesum1

Coupon-mad said:

Just change this:

Secondly the defendant did pay for the day rate on the delay of the alleged contract breach, so there was no breach

to this

Secondly the defendant did pay for the day rate on the day of the alleged contract breach, so there was no breach

Thanks coupon, that was actually a weird autocorrect I thought I did write day haha.. Ok will get this submitted

Out of interest is this a valid argument or do claimants normally win against this argument in court? 

EDIT: I've also noticed I've put expect instead of expected in 3.1 - now also corrected

Car1980

A weird one because you'd be pretty stupid to throw money at a court claim where the victim actually paid.

DCB Legal clearly have no knowledge about most of these claims and just go off the spreadsheet they're handed.

Umkomaas

Keep playing the game to the letter, then find yourself mentioned in dispatches in the following thread, later next year. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Troublesum1

Case discontinued!



Many thanks for all your help as always! @Umkomaas

Coupon-mad

Woohoo! That's a win.

ANOTHER ONE BITES THE DUST!

  

Umkomaas

Great news. Thank you @Troublesum1 for the copy of your NoD. I can now get this counted in the DCBL Legal thread of shame. 👍