Excel Parking/DCBLegal - Powis Street, Woolwich

CheapAsFork2025

Coupon-mad said:

Yep.

How about reading a few claim threads so you'll know what to show us when it arrives?

I have returned! I received a Claim Form from HM Courts and Tribunals on the 27th of last month.

I am trying to sift through the forum for a complete/relevant claim thread but not too sure what I am looking for. I am neurodivergent, so it is possible it isn't as complicated as my brain is telling me.

What do I need to show you from these documents?

CheapAsFork2025

Never mind! CheapAsFork2025 said:

Coupon-mad said:

Yep.

How about reading a few claim threads so you'll know what to show us when it arrives?

I have returned! I received a Claim Form from HM Courts and Tribunals on the 27th of last month.

I am trying to sift through the forum for a complete/relevant claim thread but not too sure what I am looking for. I am neurodivergent, so it is possible it isn't as complicated as my brain is telling me.

What do I need to show you from these documents?

Okay! So, slowly but surely; I've found the dropbox file with the MCOL guidance. I have submitted this today.

Do I now have 2 weeks or 33 days to compose my defense?


Which particulars from the Claim Form would you like to see?

I can confirm that like many others, POC .1 Is incorrect, I did not receive a PCN on the date stated. It was a letter in the post weeks later. Baring in mind, I never would have received a PCN had they actually attempted to stick one on my windscreen. 

As I maintain, I PAID AND DISPLAYED and am still very much in possession of that ticket.

Le_Kirk

CheapAsFork2025 said:

Coupon-mad said:

Yep.

How about reading a few claim threads so you'll know what to show us when it arrives?

I have returned! I received a Claim Form from HM Courts and Tribunals on the 27th of last month.

I am trying to sift through the forum for a complete/relevant claim thread but not too sure what I am looking for. I am neurodivergent, so it is possible it isn't as complicated as my brain is telling me.

What do I need to show you from these documents?

If you tell us the issue date (not the date you received your N1SDT form), then one of our regulars, @KeithP, will be along to give you the deadline for your defence and some pointers as to where the template defence can be found.  Also post a picture of the claim form BUT redact any of your personal information, such as name address, VRM, Claim Ref No. and the password.

CheapAsFork2025

Le_Kirk said:

CheapAsFork2025 said:

Coupon-mad said:

Yep.

How about reading a few claim threads so you'll know what to show us when it arrives?

I have returned! I received a Claim Form from HM Courts and Tribunals on the 27th of last month.

I am trying to sift through the forum for a complete/relevant claim thread but not too sure what I am looking for. I am neurodivergent, so it is possible it isn't as complicated as my brain is telling me.

What do I need to show you from these documents?

If you tell us the issue date (not the date you received your N1SDT form), then one of our regulars, @KeithP, will be along to give you the deadline for your defence and some pointers as to where the template defence can be found.  Also post a picture of the claim form BUT redact any of your personal information, such as name address, VRM, Claim Ref No. and the password.

Thank you so much @Le_Kirk

Apologies for the tardy response,I have not had the mental capacity to deal with this; I'm sure you all know this is an incredibly draining process. But everytime i want to give up and just pay the money; you all keep me motivated. You're doing the Lord's work! Thank you so so much.

Will post redacted form on next comment!

CheapAsFork2025

Le_Kirk said:

CheapAsFork2025 said:

Coupon-mad said:

Yep.

How about reading a few claim threads so you'll know what to show us when it arrives?

I have returned! I received a Claim Form from HM Courts and Tribunals on the 27th of last month.

I am trying to sift through the forum for a complete/relevant claim thread but not too sure what I am looking for. I am neurodivergent, so it is possible it isn't as complicated as my brain is telling me.

What do I need to show you from these documents?

If you tell us the issue date (not the date you received your N1SDT form), then one of our regulars, @KeithP, will be along to give you the deadline for your defence and some pointers as to where the template defence can be found.  Also post a picture of the claim form BUT redact any of your personal information, such as name address, VRM, Claim Ref No. and the password.

Hope I redacted everything necessary! I completed the MCOL on March 3rd.

1505grandad

Juist checking  -  were the signs (contract with driver) showing Excel but the claim filed by VCS?

KeithP

CheapAsFork2025 said:
I completed the MCOL on March 3rd.

With a Claim Issue Date of 27th February, and having filed an Acknowledgment of Service('AOS') on 3rd March, you have until 4pm on Monday 31st March 2025 to file a Defence.

That's almost 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'.

CheapAsFork2025

@KeithP

I cant thank you enough for this! I'll get right on it.

KeithP

CheapAsFork2025 said:

@KeithP

I cant thank you enough for this! I'll get right on it.

That's good to read, but over a week has vanished since we last heard from you and you now have a little over a week to get that Defence filed.

CheapAsFork2025

KeithP said:

CheapAsFork2025 said:

@KeithP

I cant thank you enough for this! I'll get right on it.

That's good to read, but over a week has vanished since we last heard from you and you now have a little over a week to get that Defence filed.

I know, i am sorry @KeithP, despite all of your many warnings I absolutely left it last minute; however, I believe I have completed it!


Please review paras 2,3&3.1 of my defence:

"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. 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 03/09/2024" (the date of the alleged visit).  Whilst the Defendant is the registered keeper and driver, 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. 

3.1. The Defendant denies the allegation stated as “Reason: 101 – Failure to Purchase the Parking Tariff for the Registration Mark of the Vehicle On-Site and/or Within the Time Allowed.” The Defendant provided the original ‘Pay and Display’ ticket to the Claimant as part of the first appeal, demonstrating that a valid ticket was held at the time of the alleged contravention. This serves as clear evidence that the parking tariff was paid and complied with.  "

It's followed by the rest of the defence template!

Furthermore, (maybe a silly question) should I leave the paragraph headings inbetween the paragraphs or just copy the numbered text?

//example\\

"CRA breach - lack of prominent terms

20. Section 71 CRA creates a statutory duty upon Courts to consider the test of fairness whether a party raises it or not.

21. The CRA introduced new requirements for 'prominence' of both terms and 'consumer notices'. In a parking context, this includes a test of fairness and clarity of 'signs & lines' and all communications (written or otherwise). Signs must be prominent (lit in hours of darkness/dusk and adequately positioned where terms are bound to be seen) and all terms must be unambiguous and contractual obligations clear.

22.  The Defendant avers that the CRA has been breached due to unfair/unclear terms and notices, pursuant to s62 and paying regard to examples 6, 10, 14 & 18 of Schedule 2 and the duties of fair/open dealing and good faith (NB: this does not necessarily mean there has to be a finding of bad faith).  

ParkingEye v Beavis is distinguished.."

Thank you again! Please let me know however I can amend it to make it better!