DCBL Court Claim Park Maven

Bennyb1973

Hi

i had a court claim for a park maven site issued against me on the 4/12/24

Amount Claimed

£178.16

Court Fee

£35.00

Solicitor Costs

£50.00

 Total Amount

£263.16

Issue Date

04/12/2024

I acknowledged service before Xmas but when is the date I have to file my defence by ? Am I too late ?

Could someone work this out for me ? 

Gr1pr

Check your MCOL claim to see if judgment has been submitted by the claimant 

Your deadline was probably by 4pm yesterday 

Bennyb1973

There was nothing on there today ? Is it worth me emailing a defence now ? 

Gr1pr

No, due to missing the deadline 

Login to MCOL and copy and paste a cut down version of the template defence ASAP,  one that fits within the constraints of the online box

Bennyb1973

Ok will do. Many thanks. Which are the important parts any idea ? 

Coupon-mad

Bennyb1973 said:

Ok will do. Many thanks. Which are the important parts any idea ? 

Obviously just cut out all the top headings and statement of truth (the end bit) and the waffle in the middle/end of the template defence about the DLUHC and Will Hurley/the IPC. Add a few facts in para 3.

You can spot the waffle. Please don't ask us to check. You are in a race! You don't have any time to discuss this and must do it NOW on MCOL.

Bennyb1973

Thank you. I ended up just putting my paragraph 3 which probably isn’t enough. Do I get time to elaborate further at a later stage ? 

My case involved me being unable to pay as I visit a local gym pretty much daily. 

They had just changed the terminals inside and outside the venue that only accepted card payments whereby previously under another parking company it accepted coins too. On this occasion there was an issue and attempting to pay inside and outside by card payment produced an error. I took photos of this at the time as I knew I would receive a fine. 

Is there an angle here that I was unable to accept their contract as I was unable to pay ? Card didn’t work. No coin option ? 

Bennyb1973

This was their reply to my complaint email. 

“We write in response to your correspondence received in our office dated 21/10/2024.

We now respond to the same as follows.

 

If the terms of parking required you to purchase a valid Pay & Display ticket, but there was a fault with the machine, there would have been a telephone number displayed on the machine itself for you to report the fault, or refer to it, if it was not possible for you to purchase a ticket at all then you ought to have sought alternative parking elsewhere to avoid the PCN from being issued

 

Our Client is an Approved Operator of the British Parking Association (BPA) and all signs displayed on the land comply with the BPA Code of Practice. Our Client will ensure that there are signs clearly displayed on the land, outlining the terms of parking. These will generally be displayed at the entrance and exit of the land/ car park, as well as being positioned at various points throughout the land.  Our Client does not need to prove that you read and understood the terms of those signs and will rely on the fact that the signs were situated on the land and that a reasonable person would have seen them. You should always be vigilant when entering any land that you are not familiar with or that you know is privately owned and there are parking terms in place.   You now have 30 days from the date of this email/letter to make payment of £170.00. Failure to make payment will result in a Claim being issued against you without any further reference. Payment can be made via bank transfer to our designated client account: - Account Name: DCB Legal Ltd Client Account “



There was no phone number on the terminal and ridiculous to think I’m going to go and re park my car in another car park a distance away just because their payments were not being taken when all I want to do is go in the gym for an hour. 

Gr1pr

You will be submitting your witness statement bundle to your local civil court later this year 

Coupon-mad

Oh dear. Are you saying you put in ONE paragraph as a defence instead of using half the Template at least, as we advised?

Sadly you cannot change it.  What went in?

Bennyb1973

Hi. 

I just put in that i was unable to pay as the machines inside and outside were out of order. Neither accepting card or coin. 

I will ride the horse and see what occurs from here  !