Claim Form from DBCL

Navigator18

Hi I have received a Claim Form from DBCL saying I have parking charge dating back to June 2019.

I am a registered keeper of the car but was not driving and hence parking on that occasion. My Husband tried to park at a Euro Car Park in London. He tried to pay cash or card in three different machines. The machines failed to take his payment. He then moved the car from the Euro Car Park and found another parking. It took him 12 minutes altogether trying to pay different machines and moving the car away. After some time as a keeper I received POC. I have challenged the POC and the Euro Car Park agreed to cancel the penalty. They sent me a letter stating they dismissed the penalty which after five years I can’t find.

Few months ago I started receiving the letters from DBCL. I ignored them as was sure the penalty was cancelled. Now I received the Claim Form dated 30 October 2024.  I followed the Newbies thread and did the Service Acknowledgement. I am now doing the Defense and need some advice. English is not my first language and I struggle sometimes with wording. Please can somebody help?

KeithP

Navigator18 said:

I received the Claim Form dated 30 October 2024.  I followed the Newbies thread and did the Service Acknowledgement.

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Gr1pr

Some facts about your case 

Its not a fine or penalty, it was a private Parking Charge Notice PCN from a private parking company, an Invoice 

Chances are that DCB LTD were sending debt collectors letters 

Followed by DCB Legal sending a Letter of Claim 

Now ECP have instructed DCB Legal to issue your current court claim that was dated the 30 October 2024

Post the date of the AOS, plus post a redacted picture of the POC on the bottom left of the claim form too, after hiding the VRM details and hiding the rest of the claim form as well. No personal information 

Navigator18

Gr1pr said:

Some facts about your case 

Its not a fine or penalty, it was a private Parking Charge Notice PCN from a private parking company, an Invoice 

Chances are that DCB LTD were sending debt collectors letters 

Followed by DCB Legal sending a Letter of Claim 

Now ECP have instructed DCB Legal to issue your current court claim that was dated the 30 October 2024

Post the date of the AOS, plus post a redacted picture of the POC on the bottom left of the claim form too, after hiding the VRM details and hiding the rest of the claim form as well. No personal information 

The date of the AoS is 9/11/2024. The POC picture below:

KeithP

Navigator18 said:

I received the Claim Form dated 30 October 2024. 

Navigator18 said:
The date of the AoS is 9/11/2024. 

With a Claim Issue Date of 30th October, and 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 two 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'.

Gr1pr

I have no idea how a £100 PCN invoice morphed into the £246 claimed on that claim form. !  Its like two £70 debt collectors fees were added, instead of one 

Their claims get more outrageous every month 

Duke1999

Gr1pr said:

I have no idea how a £100 PCN invoice morphed into the £246 claimed on that claim form. !  Its like two £70 debt collectors fees were added, instead of one 

Their claims get more outrageous every month 

I've had similar and in my situation they've added the interest at 8%, sickening and the courts shouldn't allow that sort of interest.

Coupon-mad

Most Judges don't allow interest, particularly when the Claimant has sat on their hands and not litigated for 5 years, then wants 8% p.a. as some sort of reward.

Navigator18

KeithP said:

Navigator18 said:

I received the Claim Form dated 30 October 2024. 

Navigator18 said:
The date of the AoS is 9/11/2024. 

With a Claim Issue Date of 30th October, and 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 two 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'.

Thanks a lot! I have already downloaded the Defence template however, I'm not quite sure how to use it. Do I only need to edit Paragraphs 2 and 3 and leave the rest as is?

Gr1pr

Thats correct, or renumber if you use any extra paragraphs 

Navigator18

Gr1pr said:

Thats correct, or renumber if you use any extra paragraphs 

Thanks a lot! I've written up my defence statement. Would you please take a look at it? Do I need to include a date of the occasion?

3. The Driver not the Defendant attempted to park in Euro Car Park, London on the….. date. The Driver left the car in a parking bay and tried to pay in the paying machine. The machine did not accept the cash or the card payment. The Driver and his passenger not the Defendant then found another paying machine and attempted to pay there. The machine did not accept the payment either. The Driver and the passenger, tried to pay one more machine again unsuccessfully. All three paying facilities in the ECPL failed to take the driver’s parking payment. The driver then moved the vehicle out of the Euro Car parking and found an alternative parking. It took 12 minutes altogether for the Driver attempting to pay and moving the vehicle away from ECPL parking.

 

4. Sometime later the Defendant received the POC for unpaid parking. The Defendant challenged the POC and the Euro Car Pack Limited agreed to dismiss the POC. The ECPL sent a letter stating the POC was dissolved. The Defendant kept the letter for 3 years and then discarded it. The Defendant was sure the POC was cancelled and the issue was resolved.