DCB legal claim for defence - support required

Cola_bottles

Having read a lot of the posts on this forum, I think I have a good understanding of the process and what I need to complete etc. I have submitted AOS which I completed online and now in the process of writing a defence which is where I need some help. I appreciate there is a lot of info available and lots of examples but there is such thing as reading too much and I’ve become very overwhelmed and never done anything like this before. 

In 2021, we parked at a Euro car parks car park where we remained over night. The 24 hours was paid for and an email receipt received. The following day, we used the pay by phone option, made the phone call, entered the car park location code and paid the correct fee. Not long after this, we received a PCN advising that a valid pay by phone ticket was not purchased and it is only then that we realised we must have entered the location code wrong and used a wrong digit. Nevertheless, they took the money and it is clearly a carpark that doesn’t exist otherwise we’d have had a receipt advising which carpark was booked. I still have evidence of the bank transaction, time of call etc and have submitted a SAR request asking for them to confirm which carpark was paid for. 

Appealed, rejected, POPLA rejected so have continued to ignore the debt collection letters from various legal firms. Until now - DCB legal have now submitted a claim form.

I understand I need to use the template and change para 2 and 3 but how much info do I include? I don’t want it to look like a witness statement.

Issue date is 05/11/2024

Particulars of claim 
1. the defendant is indebted to the claimant for a parking charge issued to vehicle XXX at XXX.
2. The PCN was issued on XXX
3. The defendant is pursued as the driver of vehicle for breach of the terms on the signs (the contract). Reason: the vehicle was parked without a valid pay by phone transaction
4. in the alternative the defendant is pursued as the keeper pursuant to POFA 2012, schedule 4

thank you in advance 

KeithP

Hello and welcome.

With a Claim Issue Date of 5th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 8th 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 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 Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Cola_bottles

Thank you. How much information do I need to include in para 2 and 3? I don’t want it to look like a witness statement but also don’t want to not include enough. 

Coupon-mad

Look at the ones from this past week where I've encouraged people to deny each paragraph of DCB Legal's POC.

Copy that style.  I have no links.  I'd have to go looking, same as you would. Look through this week's new DCB Legal cases and you'll find some written that way.

Le_Kirk

You've almost written your paragraph #3 above.  I wouldn't admit to entering incorrect digits; how do you know that the PPC's system did not fail?  If you did, by some mischance enter the wrong code, the PPC's system should have rejected it as being "no such code".  Paragraph 2 just needs to be RK or RK and driver.

Gr1pr

2 is either ending in 

Keeper and driver 

Or

Keeper but not the driver 

Or 

Keeper but cannot recall who was driving due to the PCN being issued so long ago ( or something similar as seen in other recent cases on here. )

Cola_bottles

Thank you. I am in the process of drafting up a defence. I completed a Subject Access Request and they have now provided proof of the payment that was made before the first car park ran out and they have provided which location code was entered so we can clearly see two digits were mixed up in human error but that car park does not exist hence why a receipt wasn’t received. You are right though, this should have been rejected as ‘no such code’ but this is clearly an example of them taking money when they shouldn’t have and then trying to intimidate people to pay up more. Absolutely disgusting really! 

Cola_bottles

Just to also add because I’m reading over everything we have in relation to this now and went back over the appeal response. Attached is the car parks parking charges which don’t add up to what was paid for. We parked from 10am on a Saturday for 24 hours and then topped up with an additional 24 hours on the Sunday and yet £2.20 was taken first and then £2.16 when the sign clearly says £1 for 24 hours on a weekend. 

Coupon-mad

Keep the signage pics for WS & evidence stage in 2025 but what you've said above is good for your paragraph 3 denial of the allegations and your facts.

Cola_bottles

Thank you, shall I put that I am aware the wrong code was entered as I’ve completed a SAR? 

Gr1pr

Too much information can be counter productive, worry about the details next year 

No admissions, no stories