DCB Legal Court Claim

HungryCaterpillarNomNom

I'm looking for some defence advice please.  I have acknowledged service.

I have recently received a claim form from Euro Carparks/DCB dated Nov, date of offence 2021.  Parked up, parking machine was being worked on by engineer, waited a bit and then left the car park in car as no ticket was coming out.  Total time 14mins.  Euro claim no engineer visited site that at day/time.  I tried to appeal but failed.

I asked to see the transactions on the machine before and after my time window, they are on average every 2 minutes before and after the event.  There is a 17min window where no tickets are sold that corresponds with the same time frame for the penalty received which would indicate the ticket machine was out of action - I know that other people will have received tickets at this time as some just walked off and left their car as couldn't wait for the engineer to finish.

What is interesting, based on ticket data, the car park in question takes approx £30/hr peak time on a Saturday.  My £60 fine is probably how they generate any serious return, I would suggest it relies on fines for their business model.  

So, I guess I save this extra detail for the witness statement when required?

2. Don't think I need to edit this much, all looks ok.

3.  Parking machine was inoperable.  No ticket was purchased.  Defendant returned to vehicle and left the site to park elsewhere.

POC states:
1.The defendant is indebted to the claimant for a parking charge issued to vehicle (reg inserted) at Street, Town.
2. The PCNs were issues on the xx/xx/21
3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract).  Reason: No Valid Pay And Display/permit was purchased.
4.  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 of a daily rate of £0.04 until judgement or sooner payment.
3. Costs and court fees

Any help is appreciated with my defence.  Do I need to include more than the above?

Thanks,.   

KeithP

What is the Issue Date on your Claim Form?

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

HungryCaterpillarNomNom

Thanks for the reply.

Issue date on Claim Form was 20/11.  
Acknowledgement of service filed online on 25/11.

KeithP

HungryCaterpillarNomNom said:

Issue date on Claim Form was 20/11.  
Acknowledgement of service filed online on 25/11.

With a Claim Issue Date of 20th November, and 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 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'.

Le_Kirk

You might throw into the mix "frustration of contract" due to the failure of the PPC's equipment over which the defendant had no control. 

HungryCaterpillarNomNom

Thanks for the replies.

So, keep it simple and

2. No further info needed for this point.

3.  Frustration of Contract.  Parking machine was inoperable.  No ticket was purchased.  Defendant returned to vehicle and left the site to park elsewhere.

Car1980

No. Frustration of Contract is for where a contract is formed but something on either side renders performance impossible.

In this instance no contract exists between Euro and the Defendant. The price board was an invitation to treat but there was no way to make payment and form a contract.

It's no different than a price in a window of a closed shop.

Major on the fact there IS NO contract at all.

HungryCaterpillarNomNom

Makes sense

2. No further info needed for this point.

3.  There is no contract.  Contract not entered into because parking machine was inoperable and defendant could make payment.  No ticket was purchased.  Defendant returned to vehicle and left the site to park elsewhere.

HungryCaterpillarNomNom

Sorry should say "Defendant could not make payment"

Car1980

No contract exists between the two parties. The payment machine was inoperable and the Defendant could not make payment. No ticket was purchased so the Defendant returned to their vehicle and left the site to park elsewhere.

Obviously a contract is formed via the steps of offer, acceptance, intention and consideration. The Claimant could not make acceptance and therefore no contract was agreed. There was no consideration as the Defendant immediately left.

HungryCaterpillarNomNom

That’ll do me!

thank your very much for all your help. I’ll file my defence a couple of days before it is due. 

Many thanks for your help!