Please check my Defence v DCB Legal

aorlando

Please could knowledgeable members check the below defence that I plan to file in response to a POC from DCB Legal.  My partner was in charge of the car at the time, and I have her credit card bill showing three hours of parking were purchased. It is possible (but I don’t know) that she may have typed the registration wrong (a 0 instead of O). I do not feel it is necessary to say this at this stage as the POC seems deficient in not stating the minutes of alleged overstay.  Any thoughts appreciated...

3. On Sunday 21st July 2024 the Defendant’s vehicle was parked at the Powis Street Pay Car Park, Woolwich, SE18 6JL for routine activities: swimming at the Waterfront Leisure Centre and town-centre shopping.  This car park and its charging structure are familiar to the Defendant.

4. £2 for two hours of parking at a charge of £1 per hour was paid by card shortly after 14:20.  Prior to the expiry of this ticket, a second ticket for a further one hour was purchased for £1, again by card.  In total three hours were purchased.  The tickets were placed so as to be visible through the vehicle’s windscreen. 

5. The POC claims “parked after the expiry of the time purchased” but fails to state when the ticket expired and the length of the alleged overstay. The two-hour, 50-minute duration of stay given in Parking Charge Notice (PCN) issued to the Defendant on 29th July 2024 is under the total three hours purchased.

6. The Claimant rejected the Defendant’s challenge to the PCN and failed to provide details of the length of the alleged overstay. The facts known to, and evidence held by the Defendant, contradict the allegation of an overstay made by the Claimant.  

Here is the POC
(Image removed by Forum Team)

Fruitcake

I have reported your post because it contains your claim number and MCOL password, which is enough for some unscrupulous person to bung in a rubbish and abusive claim on your behalf.

You should report the post as well.

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.

aorlando

Thank you. Here is the POC. I made the AOS on 15th Jan through MCOL.

[Image removed by Forum Team]

Nellymoser

Your password in Important Note is still showing

Car1980

In paragraph 5 I'd say that the PCN was non-compliant with the POFA 2012 if it fails to state the period of parking to which the notice relates:

(2)The notice must—

(b)inform the driver of the requirement to pay parking charges in respect of the specified period of parking and describe those charges, the circumstances in which the requirement arose (including the means by which it was brought to the attention of drivers) and the other facts that made those charges payable;

(c)inform the driver that the parking charges relating to the specified period of parking have not been paid in full and specify the total amount of the unpaid parking charges relating to that period.

Car1980

Also check the 28 day wording:

https://forums.moneysavingexpert.com/discussion/6583861/appeal-win-against-euro-parking-services-hhj-brownhill-at-winchester-county-court#latest

Coupon-mad

Fully redacted pic:



Who is the Defendant, you ... or your partner (the driver)?

In your appeal last Summer did the keeper carefully not name the driver?

In para 2 of this defence (if the D is you, the keeper) have you added 'but the D was not the driver'?

And you need to add the usual paragraph seen in all DCB Legal defences now. The one that starts 'Regarding the POC'.

KeithP

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 nearly 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'.

aorlando

Thank you very much for your helpful comments.  Please let me know if the below Defence now looks good to go...

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, but not the driver.

3. On Sunday 21st July 2024 the Defendant’s vehicle was parked at the Powis Street Pay Car Park, Woolwich, London, SE18 6JL for routine activities: use of the Waterfront Leisure Centre and town-centre shopping.  A £2 ticket for two hours of parking at a charge of £1 per hour was paid by card shortly after 14:20.  Prior to the expiry of this ticket, a second ticket for a further one hour was purchased for £1, again by card.  In total three hours of parking were purchased. 

5. The POC in paragraph 3 claims “parked after the expiry of the time purchased” but fails to state the length of the alleged overstay.  The Parking Charge Notice (PCN) issued to the Defendant on 29th July 2024 gives a two-hour, 50-minute duration of stay.  It also states “parked after the expiry of the time purchased” while again not stating the length the alleged overstay. This PCN is non-compliant with the Protection of Freedoms Act (POFA) 2012 in that it fails to state the period of parking to which the notice relates: 

(2)The notice must—

(b)inform the driver of the requirement to pay parking charges in respect of the specified period of parking and describe those charges, the circumstances in which the requirement arose (including the means by which it was brought to the attention of drivers) and the other facts that made those charges payable;

(c)inform the driver that the parking charges relating to the specified period of parking have not been paid in full and specify the total amount of the unpaid parking charges relating to that period.

5. With reference to the POC, paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 21/07/24" (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.

Coupon-mad

Great but remove this:

"The POC in paragraph 3 claims “parked after the expiry of the time purchased” but fails to state the length of the alleged overstay.  The Parking Charge Notice (PCN) issued to the Defendant on 29th July 2024 gives a two-hour, 50-minute duration of stay.  It also states “parked after the expiry of the time purchased” while again not stating the length the alleged overstay."