Looking for some advice on this claim form (DCB Legal)

PrinceNelson

What a great resource this forum is. I’ve been reading through the wealth of knowledge but slightly struggling to come to grips with it all. 

So, I’ve received a claim form from overstaying (by 15 minutes) at a Euro Car Parks site in 2022. I arrived in the dark and genuinely just didn’t notice the signs, largely because the shopping square has been free for most of my adult life so I wasn’t looking/expecting any signs. After receiving the fine I (stupidly) ignored it and all subsequent correspondence landing me in the situation I am in now. 

The reason for this post is because I’m confused as to whether this is something worth fighting or if I’m best paying it because technically I am at fault and made things worse by ignoring the letters. 

Here’s the claim form.

(Image removed by Forum Team)

Sorry for making a thread that you’ve all probably seen a million times. I appreciate you taking your time to read this. 

Gr1pr

You should have properly redacted that picture before posting, hiding the reference number, QR code , password etc, I will report it for deletion. ( See the yellow banner at the top of the forum. )

ECP + DCB Legal claim dated 29 October 2024 for £282

Get your AOS done online on MCOL, but don't touch anything else on there, just the AOS 

DE_612183

Do not pay - DCBL will ( in all probability ) discontinue before it gets to court - as they have done with hundreds of other cases....

Coupon-mad

You are CERTAINLY DEFINITELY not better off paying it, so put that out of your mind.

Are you panicking because you think there will be a hearing and you can't face that?

There won't be a hearing! This will die away.

You received a claim form for £282 and you are wondering about paying or offering money now, despite these later stages where you'd pay less, or nowt?

1.  Mandatory Mediation phone call in a few weeks time, where (if you really, really want to) you can make a much lower offer ...BUT PLEASE DON'T DO THAT;

2.  When you get to WS and hearing date stage DCB Legal will discontinue and you won't pay a penny. 

Given 1 and 2, why not just use the easy Template Defence? So easy to see these off.

Here's your claim form redacted:

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 over three 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'.

PrinceNelson

Thanks for the responses guys and sorry for all the personal info I didn’t redact! 

Acknowledgment of Service has been submitted.

I think my main trepidation was/is that I don’t really have an argument if it was to go to court. I did overstay and there is signage. When writing/editing the defence using the template, what can I realistically say? 

Coupon-mad

Say what the template tells you to say. If you need inspiration, read half a dozen defences written this week.

PrinceNelson

3. The Defendant remembers travelling to Frodsham on the evening 14/11/2022 to perform at the music venue, Kash 22. The Defendant parked in the nearest car park to the venue and immediately began unloading equipment into the venue. It was already dark when the Defendant arrived, he did not notice any adequately illuminated signage showing the terms and conditions for use close to where the Defendant parked his vehicle. Thus, the Defendant was not aware of any restrictions that applied in the car park.

Just a quick check to see if this okay to include as the edited paragraph? 

Coupon-mad

Change:

he did not notice any adequately illuminated signage showing the terms and conditions

to

there was no adequately illuminated signage showing the terms and conditions