CEL , DCB legal court claim

RenegadeCharlie

All,

Thanks to the forum for all info I've read prior to where I now am in the typical lifespan of a parking dispute.

My wife is a nurse at an NHS hospital and has collected 11 PCNs from Civil Enforcement Ltd. Explanation below.

She works nights and always just parked in the empty car park at night with no issue.

After returning to work following a year off for Maternity in April this year she (well me the registered keeper) clocked up 11 PCNs as my car V5C was still at my old address (i'd updated my driving licence but now learnt V5C is different. So missed window for appeals on them.

I appealed most of these via CEL explaining above to no effect, once i discovered the template appeal 2 were reduced to £20 but I didn't pay or appeal to popla as wanted to pursue PALS.

I had one appeal successful due to an delayed NTK.

I then contacted the hospital PALs, they had the 2 £20 appeal ones removed but still wanted £280 so I just ignored that offer.

Have now received 2 letters of claim, one with 8 PCNS and one with 9. I've asked DCB Legal to clarify which is the correct LOC.

Have used the standard response in the newbies thread to the LOC. Just wondering if I'm on the right track and should anticipate receiving a claim and if its defendable.

Thanks

Le_Kirk

Is she a member of a union? If so, ask them for some help. What type of car park was it? Staff, patients, visitors,  was it a pay or permit car park? Did she have a permit?

RenegadeCharlie

Le_Kirk said:

Is she a member of a union? If so, ask them for some help. What type of car park was it? Staff, patients, visitors,  was it a pay or permit car park? Did she have a permit?

It's a joint staff, visitors, patients car park and she needed a permit as staff apparently (public pay after 3 hours) but previously this wasn't the case, she's worked there 15 years with no issue in nights before

She is in a union yes will see what they say 

Thanks

Coupon-mad

Send the usual LBC response (or wait for DCBLegal to reply to you about whether this is about 8 or 9 PCNs).

Make one final reply, telling them to ERASE the old address.  Do not question the reason for this.  Don't think "oh it's OK because they have my new address". Nope.  Not OK.

Either way - after they fob you off - just wait for the court claim and come back here when it arrives.

RenegadeCharlie

Hi All,

Claim received, I have register my AOS so defence starts with the template? My defence is not being the driver? 

Coupon-mad

Are you saying the Defendant was (truthfully) not the driver on any of those dates?

That's not a defence anyway but really, not the named Defendant? So are YOU the keeper defendant?

These are a cinch to defend but this will likely end up at a hearing due to the amount. Not discontinued.

Gr1pr

Change the thread title to something more suitable like 

CEL , DCB legal court claim 

KeithP

With a Claim Issue Date of 8th January, and having filed an Acknowledgment of Service('AOS') in a timely manner, you have until 4pm on Monday 10th February 2025 to file a Defence.

That's four 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 AOS has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

In most current defences v DCB Legal claims, paragraph 3 (within the 30 paragraph Template Defence) looks similar to the thread below by @shahib_02  ... just change the incident date:

https://forums.moneysavingexpert.com/discussion/6576011/cel-dcb-legal-pcn-cnbc-claim-defence-assistance-required-please

No need for more detail except in your case just add an extra paragraph to the Template Defence, AFTER the paragraph 3 shown in the link:

3.1.  (Whatever your brief facts are).

4.  rest of the Template Defence - 30 paragraphs but DON'T copy & paste it here...please!

RenegadeCharlie

Coupon-mad said:

In most current defences v DCB Legal claims, paragraph 3 (within the 30 paragraph Template Defence) looks similar to the thread below by @shahib_02  ... just change the incident date:

https://forums.moneysavingexpert.com/discussion/6576011/cel-dcb-legal-pcn-cnbc-claim-defence-assistance-required-please

No need for more detail except in your case just add an extra paragraph to the Template Defence, AFTER the paragraph 3 shown in the link:

3.1.  (Whatever your brief facts are).

4.  rest of the Template Defence - 30 paragraphs but DON'T copy & paste it here...please!

Amazing response thanks, ive requested thread title change.

So insert the below into the other 30 paragraphs?

3.     Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCNs were issued on the dates of the alleged visits.  Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. 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. The Claimant is put to strict proof of all of their allegations.

3.1 The vehicle was parked in good faith, in an empty NHS hospital car park, overnight by an NHS member of staff returning from maternity leave. Parking signs are obscure and do not detail any permit scheme as alleged.

I've adjusted to reflect the multiple dates and brief defence for my wife parking there? The signs state a requirment to register at reception not a permit.

Gr1pr

Paragraph 2 probably needs a concise ending,  if not done already 

Then slot your 2 , 3 and 3.1 into the defence template,  removing the old 2 & 3

Use ALL of the template defence