DCB parking fine help needed, defence and witness statement

Sufysf7

Hi all, 

I have received a claim from dcb legal ltd on 21st November 2024. I have responded within 14 days of service date.

Just a bit of background. I was parked at shell for using their laundry service for over 20 mins. I had to get cash from the counter as card machine wasn't working so I do not have any evidence. Guy at the till didn't prompt me to give my car reg to be entered into their system to avoid parking fine. I did however went back couple of months later to dispute and ask them to check their cameras etc and have a voice recording of that. Having read online it could be complicate to use that as evidence specially if other person isn't aware of it. However I acknowledged the claim after reading different forums etc and now hoping to defend the claim based on this arguement as well as financial hardship, baby on the way and I am also thinking of using bad Google reviews in relation to parking as part of my case. Please see attached claim form.

(Image removed by Forum Team)I am now at a stage ready to send my defence before due date. I need some help with the defence I have dragged and need suggestions whether it is acceptable or need any changes. Sorry about the long msg but any help will be greatful.

Defence

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IN THE COUNTY COURT
Claim Number: [Insert claim number]
Between: Euro Car Parks Limited (Claimant)
And: [Your Full Name] (Defendant)

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DEFENCE

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Preliminary

1. The Defendant denies that they are liable for the entirety of the claim. The Claimant is put to strict proof of each element of its claim.

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Background

1. The Defendant admits to being the driver of the vehicle car reg at the material time. However, the Defendant denies liability for the parking charge and the alleged breach of terms.
2. The Defendant parked at the location to use the on-site laundry services, which required more time than the Claimant’s alleged 20-minute limit. The Defendant acted reasonably and was unaware of any breach of terms due to unclear signage.

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Failure to Establish a Contract

1. The Defendant denies entering into any contractual agreement with the Claimant.

2. The signage at the site was inadequate in terms of visibility, prominence, and clarity. It failed to comply with the standards set by the British Parking Association (BPA) Code of Practice, which is binding on the Claimant.

3. The terms alleged by the Claimant were not brought to the Defendant’s attention in accordance with established case law, including:

   • Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163, which establishes that terms must be brought to the attention of the customer at the time of the contract formation.
   • ParkingEye Ltd v Beavis [2015] UKSC 67, where the Supreme Court held that for a parking charge to be enforceable, clear and prominent signage and fair terms are essential.

4. The Defendant asserts that the terms on the signage were not clear enough to form a binding contract, particularly for customers using the business facilities.

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Unfair Terms

1. The Defendant avers that the parking charge of £170 is disproportionate and unenforceable as a penalty. The amount does not reflect a genuine pre-estimate of loss and is an unfair term under the Consumer Rights Act 2015.
2. The Claimant has added an unjustified amount of £70 to the original Parking Charge Notice (PCN) of £100, labeling it as "damages." This is a clear attempt at double recovery and abuse of process.
   • The Court of Appeal in ParkingEye v Somerfield Stores [2011] EWHC 4023 (QB) ruled that additional charges beyond the parking charge itself are unlawful.

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Lack of Evidence

1. The Claimant is put to strict proof of the following:
   • The Defendant’s alleged breach of terms.
   • Clear, dated, and timestamped photographs of the vehicle entering and exiting the site.
   • Evidence that signage at the site met the BPA Code of Practice standards in terms of visibility, clarity, and legibility.
   • Evidence of the Claimant’s authority to issue parking charges at this location, including a contract with the landowner.

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Mitigating Circumstances

1. The Defendant’s financial circumstances should be taken into account:

   • The Defendant is experiencing significant financial hardship, with essential expenses exceeding their monthly net income of £amount. This has necessitated reliance on credit cards to cover living costs.
   • The Defendant is expecting a baby, due at the end of January 2025, further exacerbating financial pressures with upcoming childcare costs and maternity-related expenses.

2. While financial hardship is not a defence to liability, the disproportionate amount claimed (£170 plus additional interest and fees) imposes an unreasonable burden on the Defendant and is unjustified given the circumstances of the case.

3. The Defendant respectfully asks the court to take these mitigating factors into account when assessing the proportionality of the claim and the fairness of pursuing such a matter in court.

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Interest Claimed

1. The Claimant's claim for interest at 8% is excessive and unwarranted. The Defendant disputes the principal amount, and thus any interest calculation is invalid.

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Conclusion

1. The Defendant denies the entirety of the claim. The Claimant has failed to establish liability for the parking charge or demonstrate that the alleged sum is lawful and enforceable.
2. In light of the Defendant’s financial hardship and the mitigating circumstances outlined, the Defendant respectfully requests that the court dismisses the claim in its entirety or reduces the claim to a reasonable and proportionate amount.

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Statement of Truth

I believe that the facts stated in this defence are true.

Signed: _______________________
Name: [Your Full Name]
Date: [Insert date]

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Thanks all.

KeithP

With a Claim Issue Date of 21st November, I am going to assume that you filed an Acknowledgment of Service sometime after 26th November and before 11th December. Please confirm - your MCOL Claim History will have the definitive answer.

With a Claim Issue Date of 21st November, and 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 a little over a week 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 have left all your personal info on view; some unscrupulous person could file a poor/rude defence on your behalf. Suggest you report your post and have it taken down. Then repost when you have redacted it.

Sufysf7

Thanks for letting me know. I'll try taking it down and repost once done.

Le_Kirk

You won't have editing privileges yet, just report it

1505grandad

Did you see the Template Defence announcement and Newbies stickies?. The SoT is old so you have c & p from an irrelevant post.

Sufysf7

I have reported the post to be taken down. Waiting for it to be taken off before I repost again. 

I'll have a look at defence template what do you mean by sot and c&p

KeithP

Sufysf7 said:

I have reported the post to be taken down. Waiting for it to be taken off before I repost again. 

The image was removed at 5pm today.

Sufysf7 said:

...what do you mean by sot and c&p?

SoT = Statement of Truth

c&p = cut and pasted

Sufysf7

Thanks Keith, I think I have found the right defence template from defence thread. Do you guys think I have chance of claim being dismissed based on my circumstances and the way I will approach witness statement as detailed on the thread above?

KeithP

Are you really asking someone to read all that stuff you have posted and compare it word for word with the template Defence in the err... template defence thread to determine whether you have found the right thing or not?

Please delete that post - you are now able to delete and edit posts.

Sufysf7

No I didn't expect someone to read through it all word by word I just thought someone will know whether it seems like the right one. Apologies still new to this. Amended my previous post to delete the defence template