DCLB Legal Defence - Britannia Parking

WordyNerd

Morning

Slightly overwhelmed. Issue date 5th December. Did AOS so think I have until January 7th to submit defence although would like to do this by COP Thursday latest to ensure I receive acknowledgement. 

Preparing my defence and to clarify I just adjust paragraph 2 and 3? I am not even sure what to put it was so long ago! The PCN is issued for the day after I visited the establishment (I only know I visited as I checked my bank statement and have charges for the day before). I was a newly single mom with a 6 week old child at the time so it is all a blur. Moved house 10 days after the alleged PCN was issued so didn't receive anything. 

Help!

WordyNerd

here is the POC

WordyNerd

Found this on another thread...is this enough for paragraph 3? 

3: Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 19.10.19" (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.  The quantum is hugely exaggerated (no 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.

Gr1pr

I would think so

Dont forgot to add the extra wording to paragraph 2 as well, at the end , 2 or more words

WordyNerd

Gr1pr said:

I would think so

Dont forgot to add the extra wording to paragraph 2 as well, at the end , 2 or more words

the 'and driver'? Just making sure I have it right. 

Coupon-mad

WordyNerd said:

Found this on another thread...is this enough for paragraph 3? 

3: Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 19.10.19" (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.  The quantum is hugely exaggerated (no 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.

Yes: easy innit?! Plus add 'and driver' to the end of para 2 (if you definitely were).

You could expand here in this bit:

The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. Further, it is wholly unreasonable for the Claimant to simply sit on its hands then try to profit from over five years' interest. This business model appears to rely upon deliberately waiting for several years, hoping that Defendants have moved on and then run a 'numbers game' of harvesting extortionate default judgments to the unjust enrichment of the parking firm and/or their roboclaim 'legal' firm. Defended DCB Legal claims are discarded later by a routine conveyor belt of late discontinuances, wasting the time and expense of the court and Defendants.

Only add more if there is something important to say against the accusation of not paying a parking fee, e.g. the car was only there 5 minutes and not parked? Payment machine was broken? No payment due because the Defendant was a patron?

KeithP

WordyNerd said:

Issue date 5th December. Did AOS so think I have until January 7th to submit defence although would like to do this by COP Thursday latest to ensure I receive acknowledgement. 

You are right with your Defence filing deadline.
If you follow this guidance and file by email, you'll have no need to worry about getting things done early to meet that deadline. 

With a Claim Issue Date of 5th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 7th January 2025 to file a Defence.

That's a whole week away. Plenty of time to produce a Defence and it is good to see that you are not leaving 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'.

WordyNerd

Coupon-mad said:

WordyNerd said:

Found this on another thread...is this enough for paragraph 3? 

3: Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 19.10.19" (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.  The quantum is hugely exaggerated (no 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.

Yes: easy innit?! Plus add 'and driver' to the end of para 2 (if you definitely were).

You could expand here in this bit:

The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. Further, it is wholly unreasonable for the Claimant to simply sit on its hands then try to profit from over five years' interest. This business model appears to rely upon deliberately waiting for several years, hoping that Defendants have moved on and then run a 'numbers game' of harvesting extortionate default judgments to the unjust enrichment of the parking firm and/or their roboclaim 'legal' firm. Defended DCB Legal claims are discarded later by a routine conveyor belt of late discontinuances, wasting the time and expense of the court and Defendants.

Only add more if there is something important to say against the accusation of not paying a parking fee, e.g. the car was only there 5 minutes and not parked? Payment machine was broken? No payment due because the Defendant was a patron?

I think I paid on the 18th and claimed the parking back off my bill (I have a picture of me with baby with parking ticket in front of me on table) and the *only* thing I can think is that I stayed past midnight so it rolled into the next day. But as far as I was concerned it was only one session of parking that I'd paid for. I went back to look but the same car park is now no longer owned or regulated by the parking company (or any parking company for that matter!) as the pub has changed brewery ownership. It feels ridiculous doing this 5 years later but here we are and I hope to be another DCLB discontinuation...

Coupon-mad

Don't add any of that detail because you are guessing and they haven't pleaded it with that level of detail.