Britannia Parking, DCB Legal court claim 2025, WS stage

Chillitomato

Hi all, I’m new here so please go easy. I was hoping to have some help with my defence statement, I have used the template from the newbies thread and have entered my own words for paragraph 3.

Thanks in advance!

 

Summary:  

Parking offence took place 29/04/24

 

V5 address was wrong so did not receive a PCN

 

First letter received was on 01/07/24 from dcbl which was issued 25/06/24 demanding a payment of £170 as vehicle was parked in contravention of the terms and conditions outlined.

 

I contacted Brittania parking the same day to ask what the PCN was issued for. I received a reply 14 days later to state that the PCN was issued for not making a valid payment. They had no record of my registration or any that resembles it, and that the appeal period had been missed so my only option is to pay the fine in full.

 

I emailed back the same day to state that I did pay, I entered my registration as instructed and that I had my bank statement as proof of payment. I received no reply.

 

I received several more letters from dcbl demanding payment.

 

On 16/11/24 I received a LOC which was issued 12/11/24

 

Particulars of Claim

1. The Defendant (D) is indebted to the

Claimant (C) for a Parking Charge(s) issued

to vehicle xxxxxxx at Birmingham ST Johns

Road West, Harborne, B17 9NR.

2. The PCN(s) were issued on 29/04/2024

3. The defendant is pursued as the driver of

the vehicle for breach of the terms on the

signs (the contract). Reason:Failed TO Make A

Valid Payment

be 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

£.03 until judgment or sooner payment.

3, Costs and court fees

 

AOS submitted 16/11/24 (did not realise I should wait)

Defence

 

3. The facts of the matter are that the Defendant parked his vehicle, registration number at xxxxxxx at Birmingham ST Johns Road West, Harborne B17 9NR on 29 April 2024. He paid the relevant tariff of £1.20 for the period of parking, when paying for parking, the Defendant keyed in his full registration, as directed by the Claimant’s instructions at the payment terminal. No ticket was produced by machine, but defendant does have bank statement which shows sum of £1.20 paid to Britannia Parking on 29 April 2024. The Defendant did, therefore, fully comply with the Claimant’s terms and conditions, and cannot be held liable for what appears to be a malfunction of the Claimant’s equipment.

4. The defendant did not receive a PCN or any letters and the first notice of any fine received by the defendant was issued on 25 June 2024 by the claimant’s legal representative, in the form of a notice of debt recovery. Upon receipt of the debt recovery notice, the defendant contacted the claimant explaining the above facts and to ask why a PCN had been issued. The claimant responded that no valid payment had been received for vehicle registration xxxxxxx or any vehicle that closely resembled that registration and that appeal will be rejected. The fact that the claimant states no vehicle registration resembling the defendants was entered, further proves that it was machine error, as no payment could have been taken without entering a registration and if the defendant had wrongfully entered the registration there would be evidence of this to which the claimant has already admitted that there is none. This fact was put to the claimant, but the defendant received no reply.

 

The template continues from there.

KeithP

Hello and welcome.

What is the Issue Date on your Claim Form?

Chillitomato

Hi, claim form was issued 12/11/24

Coupon-mad

That defence looks perfect.

They'll discontinue in 2025.

KeithP

Chillitomato said:

Hi, claim form was issued 12/11/24

With a Claim Issue Date of 12th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 16th 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 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

Chillitomato said:

Hi, claim form was issued 12/11/24

Then it wasn't an LoC , it was a court claim pack from the CNBC in Northampton using MCOL 

There was no offence or fine, just a PCN.

I hope that you updated the V5c log book. ?

Chillitomato

Gr1pr said:

Chillitomato said:

Hi, claim form was issued 12/11/24

Then it wasn't an LoC , it was a court claim pack from the CNBC in Northampton using MCOL 

There was no offence or fine, just a PCN.

I hope that you updated the V5c log book. ?

Apologies, I thought LOC was the court claim back. Yes I have recieved the court claim pack from CNBC.

I have also updated the V5c log book to my current address

Thanks

Chillitomato

KeithP said:

Chillitomato said:

Hi, claim form was issued 12/11/24

With a Claim Issue Date of 12th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 16th 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 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'.

Thankyou, I have been reading the thread and have taken note of the email to file my defence. 

Is it neccesary to print, sign, and scan my defence, or can I just type it and file it to the email address? 

Gr1pr

The latter, as a pdf attachment 

Coupon-mad

Gr1pr said:

The latter, as a pdf attachment 

Which the Template Defence First 12 steps already tells people.

Le_Kirk

As you received the claim form at your current address (assumption only) is it fair to also assume that you advised the PPC/claimant of your new address for service after updating the DVLA?