Claim form for PCN - help with defence

flowercuppatea

Hi. Please can anyone help? First time at this - hopefully I've understood how to do this correctly and I believe a new thread is right? I've received a claim against me for a PCN (DCB legal/ Excel Parking). I'm completely new to anything like this and feel nervous, bullied, but also that I need to stand up for myself. I'm at the defence stage, having returned online the acknowledgement of service. I have a couple of weeks before the deadline for submitting my defence. My query is - I've used the really helpful letter in the newbies thread and am looking at para 3, the actual defence in your own words bit, but I'm unsure how much detail to put in here and genuinely what to say if I'm honest.
The facts: they have me arriving on camera and leaving on camera and this shows a complete time of 6 hours, 14 minutes and 25 seconds. On this it seems simple that there is an overstay of 14m and 25sec. Mitigating circumstances, I have a medical condition (easily provable) which sometimes results in me being very slow in terms of movement (e.g. walking) and other issues which require for example for me to just sit down for a moment to rest. Both of these were true that day. Other facts: car park on arrival was getting full (it is on rough ground and unmarked spaces, a bit of a free for all, and it wasn't so quick to get a decent, safe space. Also, once parked, the nearest car park machine I walked to was broken so I had to go to another machine (with a queue). I entered the correct details to buy a ticket and this was displayed on the dash as required. This meant that the ticket was not able to be bought until 9.44am, 9 minutes after arrival, then I had to walk back to the car, so approx 12 minutes total spent before we even left the car park. Is any of this helpful for my defence? Do I say the above?
Also, in terms of a witness, my friend ( a nursery nurse) was with me throughout the day and would be happy to provide a statement of truth.
There's lots more to this, how relevant I'm not sure,- e.g. a turned down appeal letter which references something I have never said (probably automated? They imply that I said I didn't enter the correct details, not true and never said. Luckily I wrote my appeal n a word doc and saved it because unhelpfully you have to appeal through their portal and they don't send you a copy). The car park ticket itself (sadly I don't have the one from that day, but I do from another time) is confusing because it says 'exit time' but provides no time, therefore I think this may either be confusing at best (because is it not reasonable to think your exit time is therefore e.g. 6 hours after you've paid?) this may contradict their boards of info. My local MP writing to them several times and being ignored. Many, many trust pilot reviews of the car park saying very similar complaints - about the machines not working, the car park being heavy handed and turning down appeals, saying that they've been accused of not buying a ticket even with credit card provider proof etc. I also had several debt collection agency phone calls (whilst I was at work so couldn't answer) which felt uncomfortable/threatening, plus the usual letters referencing supreme court and 'can't pay, we'll take it away' etc.
I know to many this is all run of the mill, but to me it's intimidating and any advice is welcome. Do I even stand a chance? They say I now owe £260 inc. amount claimed/court/legal. Can this go up further if I lose?

KeithP

Hello and welcome.

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.

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

flowercuppatea

Hello and thanks for replying.
Claim form issued 07 Jan 25. A O S 21/01/25.

KeithP

flowercuppatea said:

Claim form issued 07 Jan 25. A O S 21/01/25.

With a Claim Issue Date of 7th 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 over two 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 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

Just copy the paragraph 3 in the thread by @shahib_02 and just change the date!

flowercuppatea

Thank you for the reply coupon-mad, much appreciated. Please can I check I've understood, so this para:
3.     Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 06/08/2023" (the date of the alleged visit).  Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms.  The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. The Claimant is put to strict proof of all of their allegations. 
...with the date changed is all I need? Plus the rest of the paragraphs as per the template? No detail of my experience whatsoever required? 

flowercuppatea

Typo: 06/08/24 the date should be.

Coupon-mad

flowercuppatea said:

Thank you for the reply coupon-mad, much appreciated. Please can I check I've understood, so this para:
3.     Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 06/08/2023" (the date of the alleged visit).  Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms.  The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. The Claimant is put to strict proof of all of their allegations. 
...with the date changed is all I need? Plus the rest of the paragraphs as per the template? No detail of my experience whatsoever required? 

That's great for para 3. In your case I'd add:

3.1.  The POC is vague but it appears to be an accusation of 'paying too late' which is a frivolous and unfair term. The Claimant is already aware of all the circumstances because the Defendant appealed (it was futile; the system is a self-serving farce). The Defendant has a medical condition which sometimes results in being very slow in terms of movement (e.g. walking) and other issues which require regular breaks when out, to sit down to rest.  Other facts: the car park on arrival was getting full (it is on rough ground and unmarked spaces, a bit of a free for all) and it was not quick to get a decent, safe space. Once parked, the nearest car park machine was broken so the Defendant had to walk to another machine (with a queue). Having entered the correct details to buy a ticket, this was displayed on the dashboard as required. There was no breach of a relevant obligation. Further and in the alternative, given that the Claimant knows, or should know, that the Defendant is protected by the Equality Act 2010, more time has to be allowed under statute and the parking charge should have been cancelled.

4

(rest of template)

flowercuppatea

So helpful, thank you coupon-mad.

Coupon-mad

flowercuppatea said:

 I've received a claim against me for a PCN (DCB legal/ Excel Parking)

Hope you got the defence in by now and in good time?  You'll win. This is an easy one.

You need to read this because you should put pressure on DCB Legal to cancel it:

https://forums.moneysavingexpert.com/discussion/6586172/news-on-the-5-minute-rule/p1

I mean they will discontinue later on anyway, but you could lean on them now.  Certainly mention at Mediation phone call stage that the '5 minutes to pay' rule has been identified as unfair and is now banned. Even though that's news in 2025, it's nothing 'new' in consumer law!

Under the Consumer Rights Act 2015 and the Equality Act 2010 the driver needed more time to pay, under all the circumstances.

flowercuppatea

Thank you coupon-mad for this. Only just returned to forum so missed this until now. Yes, I got my defence in thank you. I've had response from the court via letter dated 30th Jan (received by me 6th Feb) that they were serving a copy of my defence and then the claimant's solicitor would have 28 days to contact the court before the claim would be stayed. I've had one missed call from DCB (I was at work and it was an automated call, so I didn't have time to click through the options - wouldn't have been appropriate to speak to them whilst I'm at work anyway. They didn't call back, no message left). Apart from that, nothing else, no letters or emails from them. No mention yet of mediation. I'm really grateful for your help but feel still worried about what their next move will be, they still have a little time I'm presuming, if I received my letter on 6th? I'm a bit nervous to contact them - but do you think in light of your comment above I should? Again, thanks for your clear advice and reassurance, it's been so helpful.