Claim against me by DCB

Kaziyyah

Hi everyone,  firstly thank you to the organisers for all the amazing advice and templates on here.

I overstayed in a free retail car park by 10 minutes. I appealed and they rejected it. Long story short - I have received a claims letter. 

I understand I have to follow the steps you have so kindly laid out in the newbies post, and understand most of them (I think 🙈)

Could I just get clarification on the defence part though please? Do I just copy and paste the whole template (because there’s some bits on there I didn’t really understand so do I need to check if it applies to me, or just blindly copy it?).

I’m also not sure where  and how to write about my personal defence which is in my view asking me to pay a fine for a 10 minute overstay in a free car park is unreasonable. The retail park is huge with many outlets, restaurants, soft plays etc and I now know has a 4 hour limit. 

Shouldn't there be a grace period? Or an option to pay if customers wanted to stay longer? I would have paid if that was an option?

Any clarification on the defense part would be much appreciated. 

Thank you for all that you do.

KeithP

What is the Issue Date on your Claim Form?

Can you please show us a picture of the Particulars of Claim - with all your personal detail hidden of course.

Who is the Claimant?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Le_Kirk

Kaziyyah said:

I’m also not sure where  and how to write about my personal defence which is in my view asking me to pay a fine for a 10 minute overstay in a free car park is unreasonable. The retail park is huge with many outlets, restaurants, soft plays etc and I now know has a 4 hour limit. 

Shouldn't there be a grace period? Or an option to pay if customers wanted to stay longer? I would have paid if that was an option?

Any clarification on the defense defence part would be much appreciated. 

If you have found the template defence thread, read and follow the instructions you will find there.  In summary, you adjust paragraph #2 and add your details (short and concise - no War and Peace) to paragraph #3.  Just show us your edited #2 and added #3, we do NOT need to see the whole template.  You do, of course, send the whole 30 paragraphs by e-mail as per the instructions.  When, as requested by @KeithP, you show us the POC, there may be further instructions to come.

Gr1pr

The parking company brought the claim,  even if DCB Legal submitted it on their behalf,  we need the names to be sure 

Check the relevant code of practice for details on consideration periods and grace periods

Its unlikely that there would be an option to pay to extend the stay, but your 10 minutes seems reasonable to me 

Name the location too, plus please answer the questions above as well

Save your stories for your WS bundle later this year,  that is where you have your say 

There is no S in the word Defence,  so please use a UK spellchecker 

All of the template defence is used,  with you only changing paragraphs 2 & 3

Kaziyyah

This is the claim form I received:
(Image removed by Forum Team)

Kaziyyah

I have not done the acknowledgement of service yet - will do that today on MCOL - never used before but instructions seem straight forward. Will try that now….

UPDATE: Now completed. I think that gives me up to 9th February to submit a defence?

Kaziyyah

Thank you for the clarification on the template.

Here is what I have so far for paragraph 2 and 3...? Any advice?

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. The Defendant states that the vehicle was parked at the location in question to access the amenities provided by the site, including retail shops and restaurants. The Defendant was a legitimate patron, utilizing the car park for its intended purpose. On the date in question, the Defendant was delayed due to longer-than-expected service at a restaurant resulting in a minor overstay. The Defendant asserts that such a minor overstay does not constitute a material breach of any parking terms.

I want to add in the below maybe but not sure - what do you think? Except for the first few PCN letters which I have now misplaced, I do not have the actual accurate timings of the overstay, or the photos of evidence of my car...

The Defendant further notes that the original evidence relating to the alleged breach, as issued with the PCN, has been lost and has not been made available to the Defendant despite reasonable opportunity for the Claimant to do so. As a result, the Defendant cannot fully assess the Claimant’s assertions or verify the legitimacy of their claim. Furthermore, the Particulars of Claim fail to provide adequate detail of the alleged breach, and the signage at the site did not clearly or prominently communicate any punitive charges for a minor delay. The Defendant denies that they entered into a contract with terms as described or that such terms were fairly or adequately communicated.

Gr1pr

It definitely mentions an overstay in the POC, meaning that if the limit was 4 hours,  the vehicle may have been on site for say 4 hours 20 minutes, so overstayed ( as an example of that breach   )

I would not be adding that extra paragraph,  perhaps something else

I wouldn't be adding any information about missing or lost paperwork  ( as mentioned above earlier,  dont write war and peace,  no admissions at all, no making statements, just address and rebut the claim details   )

Your deadline is Monday 10th February,  at 4pm  ( its never on a non business day,  especially not weekends  )

Your draft 2 & 3 look ok to me

Coupon-mad

Remove this:

"On the date in question, the Defendant was delayed due to longer-than-expected service at a restaurant resulting in a minor overstay. The Defendant asserts that such a minor overstay does not constitute a material breach of any parking terms."

Replace that bit with the usual paragraph 3 used in all recent DCB Legal defences that starts 'Regarding the POC'. Search the forum!

Kaziyyah

Thank you for the advice:

I have generalised more - does this sound better?

3. The Defendant denies the allegations, save that they are the registered keeper and driver of the vehicle. The Defendant states that the vehicle was parked at the location in question to access the amenities provided by the site, including retail shops and restaurants. The Defendant was a legitimate patron, utilizing the car park for its intended purpose. The Claimant has failed to provide sufficient evidence of a breach of terms or that a Parking Charge Notice was validly issued. The Defendant denies that a binding contract was formed, as the signage at the location was unclear and inadequate to create such an agreement. The Defendant further questions the Claimant's legal standing and authority to operate at the site. The sum claimed is exaggerated and not reflective of any genuine loss or damage. The Claimant is put to strict proof of all allegations, including evidence of signage, landowner authority, and proof of breach.

Coupon-mad

No I much prefer the 'Regarding the POC' wording seen on every other DCB Legal defence.