Claim Form Defence review please! - DCB Legal - parking over a white line

SoftSoutherner

I received a letter from national parking control with a £170 fine for parking over a white line in the david lloyd gym carpark! Initially ignored it and thought it was a joke... then had a follow up which i raised with the club... 

turns out apparently they self police and take their own pictures to send in to the parking company! i asked the club to sort it.... they didn't. 

(I've never been sent or seen the pictures - but also haven't asked for them either)

issue date 14th nov 2024 

I did the AOS online yesterday 

This is my proposed defence... 

any feedback gratfully received! 

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 has been a member of the David Lloyd Club for several years and hadn’t been aware of any specific rules or seen them displayed for the private car park. Having experienced 2 quite serious incidents involving the defendants vehicles being damaged and the club not being able to provide any cctv footage, the defendant has resorted to only parking at the very back of the carpark and allowing extra space when parking next to another vehicle which on occasion would have resulted in parking over the white line. The provided parking spaces are extremely narrow and not fit for purpose with the size of modern cars. The defendant was only dropping off his son at the club and only stopping for a few minutes so would not have inconvenienced any other members.

Coupon-mad

OK.  Show us the POC please.

And tell us the date of issue.

The Claimant is National Parking Control so we need to see whether the breach was pleaded.

I hate providing links, but in the spirit of the Season, here's one showing how to rebut the POC:

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

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 hope that - after checking your POC and defence facts. we are only needed again by Defendants at WS & evidence stage next year.

SoftSoutherner

issue date 14 nov 2024 

Coupon-mad

OK so the advice I already gave, stands.

When does the MCOL online record show you did the AoS? Yesterday? Late I think but once it's in, it's in!

SoftSoutherner

yes yesterday... i think it is a couple of days late... been away for just over 2 weeks and only just opened it! 

SoftSoutherner

Really sorry, am i being really stupid here?! 

I thought i'd read the process and followed it, but think im missing somethng... 

I've got the full template and tweaked para 2 and then written my version of events in para 3? 

Have i missed the thread or link that i should be following to write that differently? 

SoftSoutherner

thank you in advance... i can clearly see there a few people putting in a load of work here to fight back! 

Gr1pr

SoftSoutherner said:

Really sorry, am i being really stupid here?! 

I thought i'd read the process and followed it, but think im missing somethng... 

I've got the full template and tweaked para 2 and then written my version of events in para 3? 

Have i missed the thread or link that i should be following to write that differently? 

The paragraph 3 example in the link you were given by coupon mad above 

Save the stories for the Witness statement bundle next year 

KeithP

With a Claim Issue Date of 14th November and having filed an Acknowledgment of Service, you have until 4pm on Tuesday 17th December 2024 to file a Defence.

That's nearly two 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'.

Coupon-mad

SoftSoutherner said:

Really sorry, am i being really stupid here?! 

I thought i'd read the process and followed it, but think im missing somethng... 

I've got the full template and tweaked para 2 and then written my version of events in para 3? 

Have i missed the thread or link that i should be following to write that differently? 

I hate providing links and this confusion shows why.  I was trying to show you a generic paragraph 3 so you didn't have to ask us.  We don't need to check DCB Legal defences because they are all the same.  Use the template defence.

SoftSoutherner

thanks all - defence in!