dcblegal claim / Parking Eye/ HM Courts Claim

Joeyc1979

Looking for help and advice please. 

Received a Letter of Claim from dcblegal Ltd on 24th October with a Parking Charge for £310.00.  It relates to 2 separate parking claims.  One is from 13/7/23 and the other is 5/8/23.  I am dealing with this on behalf of my son.  He never received the original fine letters as they were sent to an old address he was living at.  The first he knew about these was the letter from dcblegal.  He wrote to them on 19 November using your recommended template and they came back with a standard response which I attach.  He also wrote to both places regarding their fines and was told that as so much time had elapsed they were unable to cancel the fines and suggested he write to POPLA.  He needed a 10 digit verification code so contacted Parkingeye on 13 December to get this along with any other information they were holding on him.  The email to info@parkingeye.co.uk bounced so he sent it to appeals@parkingeye.co.uk  To date they have not replied to him.  He has now received court action forms.  Can we use the defence that he has been denied the opportunity to appeal these fines as Parkingeye have failed to respond to his request.  Also, by not receiving the original letters this has left him disadvantaged.  On the particulars of claim I think it only relates to 1 parking matter - is this correct? 

[Images removed by Forum Team]

Any help with this would be greatly appreciated. 

Gr1pr

Forget all you thought and start again 

The VRM details and also the password are showing in the picture 

The claim is Parking Eye via DCB Legal for 2 pcns,  issue date 9th January 2025

Tell the Defendant to login to the gov website,  go to MCOL and do the AOS online,  no need to delay it 

That gives the Defendant 33 days from the 9th to submit the defence pdf document by email to the CNBC in Northampton 

No filling in any paperwork 

The defendant keeper had a legal obligation to update his dvla V5c details,  so it's not the parking companies problem,  the deadlines are non negotiable 

His defence must address the POC above 

The defendant should study other recent Parking Eye cases on here fir inspiration, not the other cases, Parking Eye cases usually require a different mindset 

Coupon-mad

Can we use the defence that he has been denied the opportunity to appeal these fines.

What fines would they be?! These aren't fines.

No he can't use that defence but this will be easy to defend. Like this one:

https://forums.moneysavingexpert.com/discussion/6576400/dcb-legal-parkingeye-court-claim/p1

You will be using the Template Defence but with the Chan and Akande links first, as per all DCB Legal / ParkingEye claims.

KeithP

Firstly, it is important that everything is done in the name of the named defendant - your son.

With a Claim Issue Date of 9th January, you have until Tuesday 28th January 2025 to file an Acknowledgment of Service('AOS'), but there is nothing to be gained by delaying it. 

To file an AOS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AOS in a timely manner, you have until 4pm on Tuesday 11th February 2025 to file a Defence.

That's almost four 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 again at the second post on the NEWBIES thread - immediately following where you found the AOS guidance.

Don't miss the deadline for filing an AOS, nor that 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'.

You need to be aware that those Particulars of Claim are totally inadequate.
Particularly this bit...

So it is alleged that the driver 'breached the terms on the signs (the contract)'.

And that allegation is then repeated - 'Reason: Vehicle Remained On Private Property In Breach Of The Prominently Displayed Terms And Conditions'.

Nowhere in those Particulars is there any explanation of what the driver is alleged to have done wrong.

This will be an easy win.

Joeyc1979

Thank you all for your advice - it really it appreciated.  What I find alarming is that Private Eye make it almost impossible to contact them. I can't believe they are allowed to get away with this. 

Joeyc1979

GR1PR
The form only mentions the parking at the Midlam Building but there was another fine for a retail park so two completely separate cases. Would this get it thrown out?

KeithP

Joeyc1979 said:

What I find alarming is that Private Eye make it almost impossible to contact them.

Private Eye?? How do they fit in this??    

Gr1pr

Its Parking Eye,  not the Ian Hislop magazine 

Definitely no fines,  just invoices from a private parking company,  a civil dispute 

The parking company have 2 outstanding invoices from the Defendant,  consolidated into a single claim,  as they should be 

Its currently an unregulated industry,  despite the MPs passing the Private Parking Bill 2019 into law 6 years ago 

I am not going to second guess the civil justice system,  seen too many cases on here and elsewhere to predict any outcomes,  that power would be better used to win the lottery 

Joeyc1979

ParkingEye!!
It's been a long day.....

Gr1pr

Any pcn invoice at a retail park may be completely separate,  could be PE, or possibly UKPC or MET or G24 or Group Nexus etc, but I doubt that its been included in this claim

The defendant needs to focus on the facts in front of them, the POC and total  is what they are defending against 

Joeyc1979

Hi Gr1pr

This is the parking charge schedule which relates to the 2 pcn's mentioned on the Court claim form.  Both are issued by Parkingeye. 

Although the claim form mentions both of them it only lists the location as University of Portsmouth Midlam building.