Claim Form - DCB Legal **Discontinued**

PilotJames

Hi folks

Received the following claim form for a PCN issued in 2019. I've read up on all the threads etc and have a good idea how to proceed. However, just curious to get some direction on tailoring my defence based on their POC which looks more complete than others that I've seen posted on here from DCB.

No other particulars received (as yet) from the claimant.

Thanks for any advice.

KeithP

What is the Issue Date on the Claim Form?

PilotJames

29th Oct 2024.

KeithP

With a Claim Issue Date of 29th October, you have until Monday 18th November to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 2nd December 2024 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

PilotJames

Thanks KeithP

Based on the submitted POC is there any obvious line of defence other than the fact they've not (yet) submitted any evidence of the alleged breach of contract?

Gr1pr

Just adapt the template defence, exhibits and evidence bundles etc are submitted next year at the witness statement stage, so just follow the advice here, dont second guess the details 

LDast

As it is a DCB Legal issued claim, you could put "Mary had a little lamb, its fleece was black as soot" as your para 3 defence and it would still be discontinued early next year. Don't overthink this.

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

Coupon-mad

Read a few DCB Legal Claim threads if you want to see what others put as paragraph 3.

PilotJames

In preparation for compiling my WS can I ask the forum if the following POC complies with Civil

Procedure Rule 16.4 and therefore using Chan as part of the WS:

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle xx at xx.
2. The PCN(s) were issued on xx/xx/20xx
3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: The PandD/permit Purchased Did Not Cover The Date And Time Of Parking
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 £.04 until judgment or sooner payment.
3. Costs and court fees

Coupon-mad

Not Chan for this case.

PilotJames

I have now received a notice that this has been given a hearing date in mid May and the witness statements are due end April.

As a starter I shall use the WS used by @Defendant911.