Please check and advise Defence form

ravnablue

Hi, could you please look over my response and give any advice? Thank you
Issue Date was 29 Oct and AOS was sent 8 Nov.

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 and driver.

 

3. The Defendant first became aware of this matter upon receipt of a letter from Debt Recovery Plus (DRP), dated 15th May 2023, stating they owed £170 for parking without a valid Pay by Phone transaction.  No letters had been received prior to this.  In response, an email was sent to EURO CAR PARKS LTD (ECP) on the 7thJune requesting that the Notice To Keeper be re-issued and a Subject Access Request was made.   ECP replied by email on 13th June with a copy of the original Parking Charge Notice and a statement that they were unable to accept the Defendant’s correspondence, and all communication was now to be made with the debt collection agency.  The Defendant made contact with DRP both by email and follow up phone call.  It was apparent the company were only interested in how payment would be made.

 

4.  The Defendant later determined that the vehicle had not been registered to them at the time.  The vehicle had been purchased by way of a PCP and the garage had retained the V5.  Letters from ECP had been sent to the garage and then onto the Defendant’s previous address. The servicing side of the garage business had the Defendant’s new address.  It was only when the debt collection company became involved that the correct address for the Defendant was sought.

 

5. The details of the date of the alleged claim is that on 7th December 2022, the Defendant parked their vehicle, xxxxxxxx in New Street Daventry.  The vehicle was actually parked in New Street Car Park.  The Defendant went to the opticians for an eye examination appointment.  This extended into the choosing and purchasing of new glasses.  It should be noted that although the Defendant was sixteen minutes after the free two hours in returning to the vehicle, signage visibility was such that they were unaware of any breach of contract.  Subsequent investigations after receiving the money demands revealed that parking was free for the first two hours and then was 0.50p for the third hour.  

Thank you.

KeithP

ravnablue said:

Issue Date was 29 Oct and AOS was sent 8 Nov.

With a Claim Issue Date of 29th 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 just a few days 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'.

Coupon-mad

Remove all this:

 The Defendant went to the opticians for an eye examination appointment.  This extended into the choosing and purchasing of new glasses.  It should be noted that although the Defendant was sixteen minutes after the free two hours in returning to the vehicle, signage visibility was such that they were unaware of any breach of contract.  Subsequent investigations after receiving the money demands revealed that parking was free for the first two hours and then was 0.50p for the third hour. 

ravnablue

Coupon-mad said:

Remove all this:

 The Defendant went to the opticians for an eye examination appointment.  This extended into the choosing and purchasing of new glasses.  It should be noted that although the Defendant was sixteen minutes after the free two hours in returning to the vehicle, signage visibility was such that they were unaware of any breach of contract.  Subsequent investigations after receiving the money demands revealed that parking was free for the first two hours and then was 0.50p for the third hour. 

Thank you, I will do so.  I need make no mention then of why the car was parked?

Coupon-mad

The worst bit was admitting the 16 minute overstay (eeek no!) but it was also not great for a driver to sound like they have sight issues.  None of it helped your defence.

ravnablue

Coupon-mad said:

The worst bit was admitting the 16 minute overstay (eeek no!) but it was also not great for a driver to sound like they have sight issues.  None of it helped your defence.

That makes perfect sense! I like to know reasons why.  I appreciate your help. And yes, I did even look up what the CPR 16-4 etc were ... .  I shall send response in now, by email.

ravnablue

Hi, I have received the N180 which I have completed online and will send to the DQ email address. Question - the claimant is shown as Euro Car Parks Ltd and I know I need to send to all parties - do I send to both ECP and DRP.  Also, whichever one, or both, I have searched the threads and cannot find an email address to use for either of them. Has anyone got this information please?

Coupon-mad

do I send to both ECP and DRP.

Neither.  DR Plus are not even involved.

Google for the email of DCB Legal though. So easy to find that we don't do it for posters.

Please show the POC here because they are missing from your thread. See all the other threads like yours; they all show the POC.

ravnablue

Thank you - I was confused about the DCB Legal bit - until I hunted out all the paperwork (which I had shoved away in a drawer with piles of other paperwork for Christmas...).  I saw the Claim form had DCB Legal on. .  Lucky you are on the ball!  I have their email address now thanks.

ravnablue

Hi, I have the mediation phone call tomorrow.  Is there anything in particular I should be aware of? (I've been looking through the threads and can't see recent mediation but will continue looking).
Thank you. 

Ah - I found it in the Defence Thread, no worries.  . Just say no.....

Coupon-mad

Why not read today's threads which include an account of a case settled for a tenner.
Quite common with DCB Legal.