Court Claim - MET PARKING SERVICES LTD - DCB Legal - Stansted BP - overstay

vagon

Hi Everyone

Another lucky Newbie, with Court Claim from Northampton.

The claim is after I ignored several letters from DCB and others. I was not driving, I'm was a registered keeper.

Claim date: 10/12/2024
AOS done: 18/12/2024

I have copied the defense template, but I would much appreciate if someone could help me with the first 4 paragraphs? Not sure if writing less it better than trying to write more and share details I don't have to.

Thank you very much in advance.

My defence draft so far:

1.  The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was in breach of any term.  Further, it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the boilerplate text in the Particulars of Claim ('the POC').

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.

3. The vehicle was insured and used by other family members, as well as anyone else with their own correct insurance. 

The defendant is unable to recall who was driving the vehicle on the particular day in question, well over a year ago.

4. The Claimant will concede that no financial loss has arisen and that in order to impose an inflated parking charge, as well as proving a term was breached, there must be:

(i). a strong 'legitimate interest' extending beyond mere compensation for loss, and

(Ii). 'adequate notice' of the 'penalty clause' charge which, in the case of a car park, requires prominent signs and lines.

5. The Defendant denies (i) or (ii) have been met. The charge imposed, in all the circumstances is a penalty, not saved by ParkingEye Ltd v Beavis [2015] UKSC67 ('the Beavis case'), which is fully distinguished.

Exaggerated Claim and 'market failure' currently being addressed by UK Government

6. The alleged 'core debt' from any parking charge cannot exceed £100 (the industry cap).  It is denied that any 'Debt Fees' or damages were actually paid or incurred.

rest I left as per the template ...
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Thank you 

KeithP

vagon said:

Claim date: 10/12/2024
AOS done: 18/12/2024

Hello and welcome.

With a Claim Issue Date of 10th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 13th January 2025 to file a Defence.

That's over a 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'.

Coupon-mad

In most current defences v DCB Legal claims, paragraph 3 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

Nellymoser

Please support/sign this petition demanding the re-launch of a Government-backed Parking Code of Practice. 🙏

https://petition.parliament.uk/petitions/701453

vagon

Thank you, its very much appreciated. Petition now signed as well.

vagon

Hey guys, I'm back again with some development. 

I have done my DEFENSE, then N180 DIRECTION QUESTIONNAIRE.

I also received a MEDIATION phone call where I offered £10 settlement. Which was denied.

Today I received the below (NOTICE OF ALLOCATION TO THE SMALL CLAIMS TRACK HEARING), which means I'm going to court. I was kind of hoping I wont have to, but hey ho.

Is there any particular way I could prepare for the court hearing? Any pointers would be much appreciated.

Thank you as always.

Le_Kirk

Is there another page informing you by when you must submit your witness statement and evidence? Check the NEWBIE sticky and 12 steps in defence template thread.

Coupon-mad

"which means I'm going to court"

No it doesn't.

Every single person in Umkomaas' discontinuances thread got that first.

vagon

Thank you for coming back to me quickly. And apologies for the delayed response. Please see other 2 pages below:

Coupon-mad

OK so you know your deadline and what to do.

vagon

Hey guys, another bites the dust!

As you expected, today I received the "Notice of discontinuance N279" vie email.

There have been a few attempts to contact me with "Without Prejudice" emails and phone calls in last 2 weeks, but I responded via email that I'm willing to go to court.

Thank you for your had work on this forum, it's gold.