NPC DBCL Claim

grateful4

Good afternoon everyone,

And thanks to all contributors for their unevaluable inputs, in particular the regular ones.
Conscious same information is often repeated over and over I spent a fair amount of time on the forum doing my homework but would like your thoughts on my case to be sure I'm on the right path.

A bit of background: at some point last year the resident parking permit where I live was amended to display the bay number on it. New permits were given to residents. It was not sufficient anymore to display the parking permit, we had to park in the bay mentioned on the permit.
I received a first PCN in early July for an 'event' dated end of June that I paid within 14 days so reduced from GBP 100 to GBP 60.
Then at the end of August I received a Notice of Debt Recovery for an event dated beginning of July. Problem I never received the related PCN. I immediately contacted NPC who told me time to appeal has passed and all correspondence had to be addressed to DBCL I emailed the latter explaining them I never received the PCN preventing me Ito see evidence, pay the charge or appeal and that the parking charge amount did not seem a genuine pre-estimate of loss to the parking company and to stop bothering me. I subsequently received a monthly notice from DBCL, a letter of Claim in December and the Court claim form about 10 days ago.

I wanted to make sure the following defense template is that right one for me to use ?
Template defence to adapt for all parking cases with added 'admin/DRA' costs - edited in 2024 — MoneySavingExpert Forum 

And this is my defense attempt for paragraph 3:

3. The defendant did not receive a PCN or any letters and the first notice of any fine received by the defendant was issued on 21 August 2024 by the claimant’s legal representative, in the form of a notice of debt recovery. Upon receipt of the debt recovery notice on the 27 August 2024, the defendant contacted the claimant explaining that no PCN had been received. The claimant responded on the 28 August 2024 that a Notice to Keeper was sent on the 8 July 2024 and that the time to appeal had now passed. Had the defendant received a PCN he would have acted on it like on a previous instance (posted on 2 July 2024).

Related Documents have been uploaded here:
hxxps://drive.google.com/drive/folders/19nUEz0LcCe7PliTts86MUboLPAhwUcUk?usp=drive_link

Gr1pr

It wont be a claim by DCBL  ( debt collectors   ) , but probably by DCB Legal Ltd,  the legal part of the business,  on behalf of NPC

Please note that there is no S in Defence too 

Post a redacted picture of the POC on the lower left of the claim form after hiding the VRM details first 

Show us your proposed paragraph 2 as well,  with the added appropriate suitable ending 

Lastly,  what is the issue date on the claim form and what date did you complete the AOS online   ?

KeithP

You have left the Claim Number and your MCOL password clearly visible on that image you have shown the world.

With a Claim Issue Date of 14th January, you have until Monday 3rd 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 17th February 2025 to file a Defence.

That's over three 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'.

grateful4

Thank you both.

I forgot to mention :
Claim was issued on 14/01.2025
AOS was submitted on 18/01/2025 and received on 20/01/2025.

Documents have been redacted where needed and re-uploaded.

Here would be my 2nd and 3rd paragraph:

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 did not receive a PCN or any letters and the first notice of any fine received by the defendant was issued on 21 August 2024 by the claimant’s legal representative, in the form of a notice of debt recovery. Upon receipt of the debt recovery notice on the 27 August 2024, the defendant contacted the claimant explaining that no PCN had been received. The claimant responded on the 28 August 2024 that a Notice to Keeper was sent on the 8 July 2024 and that the time to appeal had now passed. Had the defendant received a PCN he would have acted on it like on a previous instance (posted on 2 July 2024).

Gr1pr

Is the issue date correct in the POC on the claim form  ?

Think about having 3 as the recent numbered rebuttal if the POC are defective 

Not receiving paperwork is no defence to a court claim 

grateful4

I can't recall exactly what I was up to on the day of the alleged issue date of the PCN indicated on the Claim Form but since this is the resident parking where I live it's likely I was parked there. 

There is a minor typo in the POC (a space is missing). Assume the block of flats is Prince Albert Court, it's written Princealbert Court

Gr1pr

I never asked you what you were doing

What I meant was,  the date in the POC is either the incident date,  or issue date,  or both  ( both means a windscreen pcn   )

If the incident date is different than the date that NPC issued  ( posted   ) the NTK PCN letter,  then the question I actually asked you needs checking and answering , namely 

If the POC states a date of issue,  is is that date correct or incorrect   ?

It says 4th july,  so presumably a windscreen pcn   ?

But

Your opening post indicates that the NTK PCN letter was posted on the 8th July 2024, which is impossible if a windscreen PCN was issued on the incident date of 4th of July 2024

Hint , the dates do not compute

But

If the POC states Incident date or similar,  is that date correct or incorrect   ? ( but yours says Issued  )

Ps, the missing space typo won't change anything 

grateful4

Apologies I am trying to make sense of all of this.

I did not get a windscreen PCN nor receive a NTK PCN via post.
When I emailed National Parking Control their customer advisor told me "Our systems show that we sent out our Notice to Keeper on the 08/07/2024"

The POC states the following:
2. The PCN(s) were issued on 04/07/2024

Coupon-mad

Just grab the template defence, add 'and driver' to paragraph 2 and just copy the exact style of paragraph 3 from the thread by @shahib_02 and change the date.

Job done.

grateful4

Copy and thank you all.
Will send next week and let you know.
Thanks again, enjoy the rest of the weekend!

Coupon-mad

grateful4 said:

Copy and thank you all.

National Parking Control 

Will send next week and let you know.
Thanks again, enjoy the rest of the weekend!

Please can you show us the POC?

This link says it needs access:

https://drive.google.com/drive/folders/19nUEz0LcCe7PliTts86MUboLPAhwUcUk?usp=drive_link