DCB Legal Claim defence

Coupon-mad

A good start.  Better.

Why not just add a denial of each paragraph from the POC? I've posted twice this afternoon with the exact same thing.  You can find it in my replies.

Just_Cruising

What sort of hours are you working @Coupon-mad ? 
I thought I had done that in 3.1 (posted below for ease of reference), have I missed anything? I could add the grace period point found in other defences - the entry/exit times in the NTK indicate a difference of just over 30 mins over the maximum stay period (which is not stated in the NTK - I had to search the internet to find it's 2 hours). Also other defences make the point that the cameras don't show the car parked, they only show the registration plate entering/exiting.

3.1.  Turning to the paragraphs in the POC, it is difficult to respond after so long but para 1 is denied because the Defendant is not indebted to the Claimant. Para 2 is denied because no PCN was issued on the same day that the car was there, so either the claimed 'date of PCN' is wrong or the date of the alleged event is completely missing. The dates cannot be the same, in the case of ANPR enforcement operated by Euro Car Parks.  Para 3 is denied because the Defendant was not the driver. Para 4 is denied because it is not believed that this Claimant issued Notices to Keeper (NTK) that complied with the POFA 2012.  The NTK only identifies the time of entry and exit to the retail outlet, one which is notoriously hard to find parking spaces in. Thus 'keeper liability' would be impossible and even if the Defendant is wrong (i.e. if the NTK was fully POFA compliant) the maximum sum that can be recovered under Schedule 4 of the POFA is the parking charge, which was not £170.

Just_Cruising

Bump - can only get time for this at weekends

Coupon-mad

Looks great!

Just_Cruising

Excellent thanks. Will get it submitted.

Just_Cruising

Have confirmed with MCOL that it's received. Worth noting somewhere that there was 4 days between me sending the email and MCOL website registering it as being received.

Just_Cruising

Just an update: Directions Questionnaire received, filled in and sent.

Just_Cruising

Just an update: Not settled at mediation. Awaiting correspondence from the court.

Just_Cruising

Just an update: Directions Questionnaire received from DCB Legal.

Le_Kirk

Just_Cruising said:

Just an update: Directions Questionnaire received from DCB Legal.

The one that matters is the one from CNBC not the claimant or their solicitors.