Parking fine Civil enforcement DCB legal help!

Needhelp3074

Hi, can anyone help! I got a parking fine last year and appealed. It was for parking in a gym that had changed to a system where you have to put your reg in. My appeal was unsuccessful, at the time I was unable to get the evidence as the gym stated twice they couldn’t give me it. I went to a different site and they were able to give me what I needed, I appealed to popla and again was unsuccessful. However they said I was legitimately parked but the operator couldn’t consider this as I didn’t supply the evidence on the initial appeal. This would have lowered the fine to £20. I had no correspondence from the gym regarding changes to parking until 3 weeks after the incident and the new system had only been in place 12 days. I admit I just didn’t look for signs as I have used the gym for years.

 Anyway I have ignored the letters and now received a claim form with acknowledgment of service and other admission points to fill in, this letter has county court details on. I’ve been to citizen advice they advised to call DBC to try and negotiate. They have said they can’t now it is at this point. I was going to admit part of the claim. It’s currently at around £270. Does anyone know how best to proceed? Do I pay it? Happy to go to court, would the price go up significantly more?.what’s the chances of me being successful?. I have read if I get a county court judgement and it’s paid within 30 days it would not go on my record? Any advice would be appreciated! 

KeithP

Hello and welcome.

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.

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Coupon-mad

You didn't get a fine.

I’ve been to citizen advice they advised to call DBC to try and negotiate.

Oh dear.  Sadly hopeless 'advice' again.  Oh no, you actually did? Why?!  DO NOT PHONE DCB LEGAL.

I was going to admit part of the claim.

No you are not. Thank Goodness you came here so we can stop you.

Needhelp3074

Hi, the issue date is 28th November. I haven’t completed the acknowledgement of service, this is p2 of the form as wasn’t sure what to do. Is MCOL the money claim gov link that is on the form? .I logged on yesterday but didn’t complete it as again wasn’t sure if I was doing the right thing. 

KeithP

Needhelp3074 said:

Hi, the issue date is 28th November.

With a Claim Issue Date of 28th November, you have until Tuesday 17th 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 31st 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'.

Needhelp3074

Ok great, thank you so much. I will have a look at the thread and do that 

Coupon-mad

There's a template defence where you only write one paragraph. And it doesn't even matter what you put because DCB Legal will discontinue before the hearing, regardless.

Just add brief info about the circumstances but also deny the allegations. As seen in every thread like this. There are loads of multiple PCN claim threads. We win 99% of the time!

I hate providing links to threads because it stops people seeing how to hop around and finding & reading threads for themselves. But in the spirit of the Season, here's one showing what to put for para 3, 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

That shows you some 'deny the POC' wording to include in your para 3. Just add a line about the circumstances & facts that you know, or (if true) that it's too long ago to know any facts.

And of course use the Template Defence but we don't want to be shown it ... please!

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 we are only needed again by Defendants at WS & evidence stage next year. The 'first 12 steps' advice saves us all time.

When you get your discontinuance next Summer/Autumn, please go and inform Newcastle Citizens Advice Bureau that they are badly and wrongly advising people.  Parking court claims are scams. 

Needhelp3074

Thank you! I appreciate the help 

Needhelp3074

Hi, thank you all for your help so far. I have now received my court date and request to submit my witness statement. Is there anything I can follow as a guide?.  Should I refer back to my original defence and submit similar? Thank you 

Needhelp3074

Just to say I have read the newbies thread I am just a bit unsure if there is certain points I should focus on, or things I should definitely include. Thank you 

Le_Kirk

Your witness statement is written in the first person, as you are the witness.  It should NOT be a rerun of your defence but you can start your witness statement with "my defence is repeated" without actually repeating it.  Then look at your defence and write a narrative (story) of what happened on the day and subsequently that backs up and supports your defence with evidence.  If you search the forum (change the search from "best match" to "latest") for the words in bold above, you should find WSs that others have written.