DCB Legal Letter of Claim - parking outside the lines

Monsieur_Beckett

done also 

Monsieur_Beckett

Ok i've got the claim letter through and am trying to submit an AOS via the money claim site. I can't get into it though due to no obvious "Defence Pack Password"

I've got the claim number, but the only other obvious code is a reference under the claimants details which doens't work either

There are some threads that say its in a box marked "important information" but i have no such box. any clues? quite keen on the extra time to get my defence written

KeithP

If you have a County Court Claim Form, you will see your MCOL password in this box...

       

What is the Issue Date on your Claim Form?

Monsieur_Beckett

ahh sorry i've looked right past it. it is indeed there - AOS now submitted

the letter was sent 27 feb. it says my 14 days start from 5 days after this sending which is yesterday (when it arrived). so that makes march 28 by my reckoning. plenty of time to get writing

KeithP

Monsieur_Beckett said:

the letter was sent 27 feb. it says my 14 days start from 5 days after this sending which is yesterday (when it arrived). so that makes march 28 by my reckoning. plenty of time to get writing

I am going to assume that "the letter was sent 27 feb" translates to "the Issue Date on the Claim Form is 27 Feb 2025". Please confirm.

You are mistaken with your Defence filing deadline.

With a Claim Issue Date of 27th February, and having filed an Acknowledgment of Service('AOS') in a timely manner, you have until 4pm on Tuesday 1st April 2025 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 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 AOS has been filed, the MCOL website should be treated as 'read only'.

Monsieur_Beckett

Yes I meant the Claim issue date. I’ll sit down and sort the defence out at the weekend - thanks for the help

Coupon-mad

In most current defences v DCB Legal claims, paragraph 3 (within the 30 paragraph Template Defence) looks similar to the thread below by @shahib_02  ... just change the incident date:

https://forums.moneysavingexpert.com/discussion/6576011/cel-dcb-legal-pcn-cnbc-claim-defence-assistance-required-please

No need for more detail except if you have something important to state re the allegation and what happened.

Monsieur_Beckett

My only question on this defense is that it centres around the defendant not being the driver:

"My defence is consisting that I was NOT the driver in this contravention, but I was the registered keeper."

also

"No PCN was "issued on 20/03/2023" (the date of the alleged visit).  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 prominent terms."

Unfortunately I have admitted to being the driver in this instance. I was in a rental van outside a DIY store, and the charge was for parking the van over the parking space lines.

I'm denying their argument based on the logic that there is physical no way to park a large van any other way in this car park, and the car park is for a store that requires large vans to park outside it. From my OG response:

"The van was correctly parked widthways between the lines (as per the signage) at all times while I was picking up the order from the store . The landowner has taken issue with the vans lengthways positioning, which, due to its van-sized length, was necessarily slightly over the lines of the bay. No other, larger spaces are provided at this site, and many vans owned by the DIY company are parked in exactly the same way (indeed, are viewable on google maps as such).

Unfortunately as I wasn’t served notice of this parking charge at the time I am unable to provide my own evidence of the event, or its context, and the provided photographic evidence is taken at such an angle as to be impossible to measure the length of the van against its space."

Should I restate my case in the defense? Or stick with shahib's respone but change the date? I can't find any similar (rental / over the lines) cases anywhere on the forum so any helpful gratefully appreciated as always

1505grandad

Please post a copy of the PoC redacting your VRM  -  you are defending against the details in the PoC  -  do they state that the van was not parked correctly?

Monsieur_Beckett

Here you go