DCB Legal Claim

blspuds

Hi,

Lots of great advice and info here, many thanks for all the info and work you do.

Ive had a read through the Newbies section and im slightly overwhelmed tbh, so after some advice please. 

Ive recently received a Civil Nat Business Centre Claims form from DCB Legal.  

Issue date 10/10 so im aware I have to respond by the 29/10, but intend to respond this week.  

Total cost of claim is £262.72

Particulars of Claim:

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle redacted at redacted.

2. The PCN(s) were issued on 02/03/2024

3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason:Vehicle Remained On Private Property In Breach Of The Prominently Displayed Terms And Conditions

4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS

1. £170 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 £.03 until judgment or sooner payment.

3. Costs and court fees

I wasn’t the driver but I am the registered keeper of the car.  I need to go and check the parking signs onsite which I may be able to do this week.  The car was onsite for 15 - 20 minutes – learner driver practicing parking in an empty car park. 

I was originally tempted to just pay the fine due to time spent investigating this and then potential time spent defending the fine, but believe this isn’t a good idea?

So any help/advice welcome please, and apologies if this is a replication of similar cases.

Thanks,

BlSpuds

LDast

it's not a "fine". You should complete the AoS no later than Tuesday 29th October which will then give you until 4pm on Tuesday 12th November to submit your defence.

Use the defence template and include the CEL v Chan and CPMS v Akande transcripts. This will all be discontinued early next year if it isn't struck out before.

Only fools and their money pay these claims.

KeithP

You need to be aware that those Particulars of Claim are totally inadequate.
Particularly this bit...

So it is alleged that the driver 'breached the terms on the signs (the contract)'.

And that allegation is then repeated - 'Reason: Vehicle Remained On Private Property In Breach Of The Prominently Displayed Terms And Conditions'.

Nowhere in those Particulars is there any explanation of what the driver is alleged to have done wrong.

This will be an easy win.

blspuds

Hi,

Many thanks for the prompt replies and apologies for using the incorrect terminology.

Sorry where do I find the CEL v Chan and CPMS v Akande transcripts?  Ive done a search here and cant find either?  

Im no fool but due to the overwhelming nature of this and time/stress of defending the claim I have to weigh this up against just paying for the bl00dy thing!  Which I don’t want to do and the fact that both replies suggest a positive outcome in my favour means ill defend it. 

Thanks again 😊

LDast

Nobody pays one of these claims if they're here getting advice.

Everything you need to know is in the second post of the Newbies/FAQ thread including links to the case transcripts.

This will all end early next year when they discontinue.

Gr1pr

The claimant is a parking company, so which one. ?

Coupon-mad

And you just use the alternative defence linked in the third paragraph of the Template Defence.  

Take a look. It's right there already written with the CEL v Chan images in the right place.

Very very easy.

blspuds

Morning,

AOS now done, will get on with the defence.  Have a good weekend all.

Cheers

blspuds

Evening all,

Just back from ½ term and trying to work out what ive got to do.

Once complied my defence I have to email this to CNBC@justice.gov.uk

Ive found a reference to CEL v Chan here https://forums.moneysavingexpert.com/discussion/comment/80343627/#Comment_80343627

I then use this as my template?  https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

And change para 3 and include the CEL v Chan images before para 4?

Sorry for the questions.

Thanks

KeithP

blspuds said:

Once complied my defence I have to email this to CNBC@justice.gov.uk

That's not the full email address. Please check again.

Coupon-mad

blspuds said:

Evening all,

Just back from ½ term and trying to work out what ive got to do.

Once complied my defence I have to email this to CNBC@justice.gov.uk

Ive found a reference to CEL v Chan here https://forums.moneysavingexpert.com/discussion/comment/80343627/#Comment_80343627

I then use this as my template?  https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

And change para 3 and include the CEL v Chan images before para 4?

Wrong email address.

And you aren't changing paragraph 3