Claim from DCB Legal through HM Courts

eg0u91c8

Hi all,

I really need help on beating this claim by DCB Legal for 2 (or 3) pcn's received a few years ago.

The 1st one on 19/08/2022 there was no payment made. Must of forgot.

The 2nd one on 07/11/2022 my bank statement is saying I made 2 payments to the same car park on that exact day. Haven't got a clue why I've paid twice. Could be a payment made from the day before showing on my statement the day after. Anyway, that one was paid.

These are the pcn's against me on DCB Legals 'Letter of Claim' they sent out previously. However, they have added another pcn in the 'particulars of claim' part on the Courts claim form. I've checked this date (18/10/2021) on my bank staements and I have made a payment to the Euro Carpark I stayed in so that's confusing.

The vehicle I was using is a Motability vehicle in the name of my father. The letters, however, are being sent to me at my address with his name on, which I am assuming is the add the DVLA are supplying to Euro Carparks. I didn't have my fathers blue badge those days because he wasn't with me.

I have been looking at the defense part of the newbies thread and I think I am too stupid to follow the process it has or even pick a defense. 

Is there anyone on here that can point to a specific defense template which I could use. Or is there any way I can extend the 28 days I have to reply so that I can wrap my head around the newbies thread. Its been 21 days since the Courts claim form was sent out. 

Thank you

KeithP

What is the Issue Date on your Claim Form?

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

Can you please try and explain this...
      The letters, however, are being sent to me at my address with his name on...
Why are the letters being sent to you? Are you saying that your name is on the letters?
Who is the Registered Keeper of the vehicle? I.e. whose name in on the vehicle's Registration Document(V5c)?
What address do Motability have? Yours or your father's?

KeithP

With a Claim Issue Date of 21st November, you have until Tuesday 10th 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 Tuesday 24th December 2024 to file a Defence.

That's over 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 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'.

From what you have said, it is clear that your father is the named Defendant. Everywhere I have written 'you' or 'your' I mean the named Defendant.

While of course you can help - and it is good that stuff is coming to your address - it is important that everything is done in your father's name. Think - signatures and attendance at any hearing if necessary.

patient_dream

£510 for TICKETS PLUD DAMAGES
A complete load of crap from DCBL

Euro will not own the car park so are DCBL acting on begalf of the landowner for DAMAGES ???
NO ... IT'S A A DCBL SCAM

Play the game with this wild bunch they are court timeawaters and Sarah who signed the claim has lied to the court  

PLAY THE GAME WITH THIS OUTFIT

Coupon-mad

This is your Dad's claim for HIM to defend, you can't step in and defend it in your name now.  If he'd wanted to transfer liability to you, he should have done that months/years ago.

He just copies from any other DCB Legal claim thread for his paragraph 3. So simple.  He denies driving in para 2 but you know that already from the Template Defence thread.

Here's his claim form properly redacted:

Coupon-mad

No he doesn't have to go to a hearing.

No he isn't risking a CCJ.

eg0u91c8

@Coupon-mad,

Thank you very much for responding. I've noticed your username all over support threads for parking fines and I hope everyone lets you know how appreciative we are of your help.

I have submitted my AOS as advised by KeithP (thank you Keith) and I have copied and pasted the defence template in to word. I'm now up to paragraph 3 and I've noticed you messaged above saying to 'copy from any other DCB Legal claim thread'. 

Do you or anyone else have a link to one of these threads with a 'paragraph 3' I can copy and paste into the defence?

Thank you all

Gr1pr

This is a self help forum, over 90% of the defence was already written for you, with advice given on the 2 paragraphs that you alter, you should study other recent cases for the inclusions in your 2 paragraphs 

Coupon-mad

DCB Legal claims (non-ParkingEye case): little or no discussion of the defence is needed.

Copy any other one that denies the POC paragraph by paragraph. Read some.

We can't keep doing these by unnecessarily chewing over paragraph 3. It's just not needed.

Copy others you see by skim-reading down page one or two of the forum right now.  See my signature for how to click straight to page one in a nano-second.

Job done.

I HATE providing links. It stops new posters browsing the forum which is a bad thing. But here's one but please look around and read more (saves us from having to reply with the same stuff on thread after thread):

https://forums.moneysavingexpert.com/discussion/comment/81139187/#Comment_81139187

Nothing about the detail is needed except if there's something specific like a double dip or a broken pay & display machine.  Otherwise the generic para 3 is fine.  Read a few cases like yours. We have hundreds.

DON'T show us generic paragraphs to look at (please). We won't critique a para 3 like the linked one.  You can do that without help.

Then follow the first 12 steps in the Template Defence thread so that you don't need to ask about the DQ questions or the laughable Mediation phone call. We are only needed again at WS & evidence stage next year.

eg0u91c8

Thanks for the replies. Apologies for coming across like I was asking for it to be done for me. 

I read through quiet a few earlier and they were all specific to their case with photos of signs etc and a few paragraphs explaining what happened. Nothing generic for para.3 like in the link above. I will however be browsing tonight and have a good read. 

 

eg0u91c8

Out of the 3 pcns in the particulars of claim 2 where definitely paid for and can be proved but I'm just going to state that all three where paid and can be proved. Hope that doesn't come back to bite me in the rear.

-

3. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. All three parking stays in Rochdale Road Car Park, Manchester, on the dates stated within the POC, were paid for by the defendant’s son and can be evidenced. Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of contract. The claim is hugely exaggerated (no single PCN can be £170 on private land) and there were no damages incurred whatsoever. The Claimant is put to strict proof of all of their allegations. 

I'll now follow the steps in the template defence thread.

Thank you