Need pointing in the right direction regarding DCB Legal

nilsac

Hi all, I need pointing in the right direction if possible please. 

I’ve received a letter today from HM Court and Tribunal services. 

The letter is abit vague, but the first sentence is 

“We are contacting you because someone claims you owe them money, and a money claim has been made against you.

The claim is attached to this letter” 

The claim form states the claimant Euro Car Park limited  that PCN were issued on 11-10-22 for parking longer than the maximum period allowed. 

Claimant claims £170 plus interest at 8% per annum, resulting in a total of £199.68 plus court fees £35, legal representation £50 total £284.68. 

It then includes a “response pack” with a number of options. 

Could anyone direct me to the right thread please. It’s threatening a CCJ if not paid. 

KeithP

@nilsac, it looks like you may have received a County Court Claim Form. Is that right?

If so, can you please tell us the Issue Date on it?

Can you please show us a picture of the contents of the Particulars of Claim box - with all your personal detail hidden of course.

KeithP

nilsac said:

Thanks keith, no idea. It just says claim form, or I’m just not seeing it. 

Just not seeing what?

You have shown the world your Claim Number, your MCOL password and Euro Car Parks' reference number. Enough for someone to cause mischief if they were so inclined.

It would be a good idea to delete those images and just repost that part of the Claim Form entitled Particulars of Claim.
That's all I asked for earlier.

With a Claim Issue Date of 20th November, you have until Monday 9th December 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 23rd December 2024 to file a Defence.

That's over 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'.

Coupon-mad

Clearly it's a Claim Form (as it says) but you've left the Claim number and MCOL password showing which puts you at risk of a scam parking firm reading this and potentially putting in a weak defence.

EDIT: I see you removed it. Good!


Here's a redacted version:

Same as hundreds here this year. Read some threads exactly like yours.

You know what to do with a Claim Form because the second post of the Announcement thread 'NEWBIES PLEASE READ THESE FAQS FIRST' (before posting) told you exactly how to defend.  Very easy.

Only read the 2nd post there, all about court stage. You are at CLAIM FORM defence stage.

My signature below tells every new poster how to navigate the forum, even on a phone, so you don't need a link. But Keith has kindly provided one.

nilsac

Brilliant, thanks for your help. I deleted the post as soon as I read Keith’s post so I didn’t report it. 

Didn’t realise I’d posted any important details 🤦🏻‍♂️

nilsac

I’ve followed the thread thanks keith. 

This is the 1st correspondence I’ve had regarding the fine at all. I’ve moved address twice since updating my driving licence twice and the log book Atleast once with my current address which is where the letter was sent today. 

Does this affect the appeal at all? 

I also note the case ends in court, I’m self employed and the cost of taking a day off to attend court wouldn’t be financially more than simply paying the costs. 

Coupon-mad

You aren't making an 'appeal'

and you don't have a 'fine'

and there won't be a hearing either.

Car1980

Process is as follows:

1.Login and file Acknowledgement of Service.
2. Use defence template, changing paragraph 3 to your own personal circumstances. All in first person. Save as PDF and email to Northampton.
3. Intimidation letter from DCB. Ignore.
4. Look out for Allocation Questionnaire in post. DCB often send you one in the post too as an intimidation tactic. Complete and email to Northampton and DCB.
5. Court allocation and mediation appointment letters.
6. Mediation over telephone ("I'm not paying a penny, am not willing to make an offer and would like this to go to a hearing. Goodbye."
7. Usually a discontinuation by DCB at this stage. If not, we're on to witness statements (come back for advice). 

8. Exchange of witness statements.
9. Discontinuation by DCB.

nilsac

Thanks Car1980, I’ll follow all the advice on the threads and come back if I need any further advice. 

As always on these forums, big thank you for everyone taking time out to help give there knowledge for free. It’s much appreciated. 

nilsac

Morning all, could i get some feedback on my defence. 

It seems abit short too me, but as the alleged offence was over 2 years ago i don't recall the event i have tried to answer the claim without giving information that isn't required. 

The facts known to the Defendant:

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper, however due to the elapsed time period of 25 Months the identity of the driver can not be reliably disclosed.

 

3. The Defendant to the best of the Defendants knowledge is unaware of why the registered vehicle MV17 MLK was allegedly parked at Stafford Moreton Way Maghull and exceeded the claim of “ Your vehicle was parked longer than the maximum period allowed”. Due to the elapsed time period from the date of the alleged offence 11/10/22 to the time of receiving correspondence  of “claim form” dated 20 NOV 2024 (26 months ago) the Defendant is unable to provide any more details. The Defendant has not received any prior correspondence in relation to claim number XXXXXXX prior to 20 Nov 2024. 

Gr1pr

Paragraph 2 seems OK to me

I suppose that you could use your paragraph 3 above as paragraph 4, although it is probably unnecessary 

Your actual paragraph 3 should be the numbered rebuttal with the date changed,  to the POC , As seen in other recent ECP DCB Legal cases 

The date listed in the POC is probably incorrect,  it usually is at the moment 

The other points are denied as seen in the thread below 

https://forums.moneysavingexpert.com/discussion/6530301/civil-enforcement-fine/p5