Another CEL PCN

CtrlAltDefeat

Hello (again!),

I’ve received another Court Claim for having my car parked at my gym’s private car park. Interestingly, I don’t recall seeing a Letter Before Claim (LBC) from DCB Legal this time (though I could have misplaced it). I’ve previously successfully defended a similar PCN from the same gym’s car park, with some luck, so I’m hoping for your expert guidance again. Here's the previous case: https://forums.moneysavingexpert.com/discussion/comment/81143783

 

Here's the timeline:

08/01/2025 - Claim Form Issue Date

19/01/2025 - AOS

 

PoC:

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXX at Car Park At XXX.

2. The PCN(s) were issued on 20/08/2023

3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason:Permit Holders Only

4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS

1. £170 being the total of the PCN(s) and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.03 until judgment or sooner payment.
3. Costs and court fees

  

My Draft Defence So Far:

 ```

The facts known to the Defendant:

1. The facts in this defence come from the Defendant's own knowledge and honest belief. 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.
2. The Defendant does not recall the specific details of the alleged parking incident, as it occurred on 20 August 2023. However, as a member of the gym located at the car park in question, the Defendant is entitled to park there as part of their membership. The Defendant has a long history of regularly using both the gym and its associated car park and has consistently followed the parking regulations by entering their vehicle registration into the terminal as required. The Defendant can provide evidence of their membership and long-standing use of the gym facilities.

``` 

Am I heading in the right direction? Any feedback would be much appreciated! Thank you!

KeithP

CtrlAltDefeat said:

I’ve received another Court Claim...

Here's the timeline:

08/01/2025 - Claim Form Issue Date

19/01/2025 - AOS

With a Claim Issue Date of 8th January, and having filed an Acknowledgment of Service('AOS') in a timely manner, you have until 4pm on Monday 10th February 2025 to file a Defence.

That's well over two weeks 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 AOS has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

Add a paragraph 3.1 based on the one you see that starts 'Regarding the POC'  in the defence by @shahib_02

And add a 3.2. About Henderson v Henderson (search the forum for those defence words) if this claim involves the same location as the other claim.

Coupon-mad

CtrlAltDefeat said:

Hello (again!),

I’ve received another Court Claim for having my car parked at my gym’s private car park. Interestingly, I don’t recall seeing a Letter Before Claim (LBC) from DCB Legal this time (though I could have misplaced it). I’ve previously successfully defended a similar PCN from the same gym’s car park, with some luck, so I’m hoping for your expert guidance again. Here's the previous case: https://forums.moneysavingexpert.com/discussion/comment/81143783

 

Here's the timeline:

08/01/2025 - Claim Form Issue Date

19/01/2025 - AOS

 

PoC:

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXX at Car Park At XXX.

2. The PCN(s) were issued on 20/08/2023

3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason:Permit Holders Only

4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS

1. £170 being the total of the PCN(s) and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.03 until judgment or sooner payment.
3. Costs and court fees

  

My Draft Defence So Far:

 ```

The facts known to the Defendant:

1. The facts in this defence come from the Defendant's own knowledge and honest belief. 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.
2. The Defendant does not recall the specific details of the alleged parking incident, as it occurred on 20 August 2023. However, as a member of the gym located at the car park in question, the Defendant is entitled to park there as part of their membership. The Defendant has a long history of regularly using both the gym and its associated car park and has consistently followed the parking regulations by entering their vehicle registration into the terminal as required. The Defendant can provide evidence of their membership and long-standing use of the gym facilities.

Am I heading in the right direction? Any feedback would be much appreciated! Thank you!

Did you get the defence done in time?

Did you add a paragraph 3.1 based on the one that starts 'Regarding the POC'  in the defence by @shahib_02 and did you also add a 3.2. about Henderson v Henderson if this claim involves the same location as the other claim.

This looks like a DCB Legal claim, not direct from CEL?

CtrlAltDefeat

Yes thank you. I have added both paragraphs as suggested back in Jan. I have just submitted the N180.

CtrlAltDefeat

DCB discontinued the case. Thank you all!

Nellymoser

Great news 🥳  Please post copy of your N279 here for Umkomaas to add you to his DCB Legal discontinuance thread.

CtrlAltDefeat

here you go @Umkomaas

Coupon-mad

Yay! Well done!

ANOTHER ONE BITES THE DUST!

Calling @Umkomaas

Coupon-mad

Finally, don't miss the government's Public Consultation. We need every poster to complete this vital survey before the deadline.

See this thread: -

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-8-weeks-from-11th-july-2025/p1

We understand that you may need some pointers. It looks laborious, we get that. It doesn't matter; no knowledge is needed except re your own experiences so you can call out a scam industry and you'll protect millions of motorists and help change the law.

I've written some guidance on that thread. I have covered almost every question, providing ideas if you agree with our stance on things like DRFs, which we say must be banned.

Ordinary people like you are falling victim to this scam 15 million times per annum. Motorists need your voice added please.

CLOSES ON FRIDAY. Just 2 days to go.

It does take a couple of hours so it's likely a job for one evening, if you can. Get your revenge.

Umkomaas

Thank you @CtrlAltDefeat for the copy of your NoD. I can now get this counted in the DCBL Legal thread of shame. 👍