Letter of claim from DCB legal LTD

jellybaby25

Hi everyone, I’m looking for some advice.. 

I received a claim form today for a parking charge back in December 2022. This is the 3rd charge I have received from DCB legal for the same McDonald’s car park. The first 2 were in 2021 but I didn’t actually receive the letters until 2023 as they had been sending them to my old address. I explained that I wasn’t aware there was a time limit and the signs were not clear. I also explained that the letters had gone to my previous address so I wasn’t aware that I had received parking fines. Who in their right mind would keep doing the same thing if they knew they would be fined?! They were having none of it so I eventually agreed to pay them £340 for the first 2. The 3rd one came through not long after that but was dated back to 2022 and I refused the pay the charge. To me it’s obvious I had no clue that I had entered into a contract. If I had seen the signs or received the letters I definitely would not have done it for a 3rd time. It’s just ridiculous. I even called them today and offered to pay £20 a month to clear the 3rd charge which is now £284 with court fee and they said they need £57 a month over 5 months so they turned down my offer. Since I received the letters I have not over stayed in the McDonald’s car park as I am obviously now aware of the contract. Please can I get some help on what to do next? To be honest I want to defend all of the claim considering I have already paid them £340. It would total £624 if I was to go ahead and pay the 3rd one and I just think it’s out of order.  

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.

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.

jellybaby25

Hi, thank you for your response. The issue date is 21st Jan 2025. The claimant is UK parking control. I haven’t filed an acknowledgment of service yet.

KeithP

jellybaby25 said:

The issue date is 21st Jan 2025. The claimant is UK parking control. I haven’t filed an acknowledgment of service yet.

With a Claim Issue Date of 21st January, you have until Monday 10th February 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 Monday 24th February 2025 to file a Defence.

That's over 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'.

Coupon-mad

I eventually agreed to pay them £340 for the first 2.

Can I ask why?  That's a complete rip-off. You don't pay that for two scam PCN invoices! Such a shame you were duped. Don't do that again. Nobody here pays Gladstones a penny.

I even called them today and offered to pay £20 a month to clear the 3rd charge which is now £284 with court fee and they said they need £57 a month over 5 months so they turned down my offer. 

Why did you phone them? Stop phoning. Stop offering money! You certainly don't pay.

Nellymoser

As you say jellybaby25 it is out of order. We so badly need protected from this greedy nasty industry. Please join the motorists in demanding the re-launch of Govt-backed Parking Code of Practice.

A simple signature, share if you can. 🙏

https://petition.parliament.uk/petitions/701453

jellybaby25

Hi, I’ve followed the advice and filed an acknowledgment of service but I am struggling with the defence part. I don’t understand what I need to write. To answer your question, I paid them because I thought I had to. When I received a claim form for the 3rd charge they said I could call citizens advice which I did and then they recommended this website. I agree, I shouldn’t have given them anything. I wish I found this website earlier  

jellybaby25

I’ve signed the petition

Coupon-mad

jellybaby25 said:

Hi, thank you for your response. The issue date is 21st Jan 2025. The claimant is UK parking control. I haven’t filed an acknowledgment of service yet.

So this is a claim from DCB Legal.

Just add 'and driver' to paragraph 2 of the 30 paragraph Template Defence (if you were the driver) and copy the standard paragraph 3 by @shahib_02 (that's a link to their posting profile: look what that includes).

jellybaby25

@Coupon-mad I have copied paragraph 3 below. Is there anything I need to change or add for my specific case? 

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 20/03/2023" (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.

1505grandad

"I have copied paragraph 3 below."

But you have to put in the date applicable to your event.