Rang DCB legal before I read the Newbies thread about £170 PCN - am I doomed?

Coupon-mad

Please just read the NEWBIES thread second post which already explains that.

Your case won't even go to a hearing.

Umkomaas

Read the following thread which includes many examples which show how defended claims from CP Plus and DCB Legal end up!

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1 

greensmoke85

I'm working on my defence and have a couple of questions, wondering if anyone can help.

I am the registered keeper and my other half was driving but the claim is for me. Does this matter? 

I want to add in the defence that this PCN was issued for legitimate parking at the hotel (which is true), should I also send evidence of this - i.e. the hotel booking receipt?

Should I send evidence of my conversation with Travelodge, and if so, is it likely to go against me that they offered to pay some of it? 

Gr1pr

greensmoke85 said:

I'm working on my defence and have a couple of questions, wondering if anyone can help.

1) I am the registered keeper and my other half was driving but the claim is for me. Does this matter? 

2) I want to add in the defence that this PCN was issued for legitimate parking at the hotel (which is true), should I also send evidence of this - i.e. the hotel booking receipt?

3) Should I send evidence of my conversation with Travelodge, and if so, is it likely to go against me that they offered to pay some of it? 

1) no, but your paragraph 2 should end with,,,,,  but not the driver 

They are pursuing you as defendant hoping that you are liable 

2) no, no evidence is sent with a defence 

3) see 2)

Nobody is going to assume that your case will progress to an actual court hearing,  if it did then a judge will decide,  we are not going to make any predictions 

greensmoke85

This is my defence so far. Not sure about 3.3 

3.1 The Defendant did not receive a PCN in relation to this parking. The first the Defendant heard of this PCN was via the letter from DCB Legal dated XX therefore the Defendant was unable to appeal or respond to the alleged PCN. 

3.2 The parking itself was legitimate parking as a paid hotel guest at a hotel only accessible by car. Upon inquiring at the hotel about parking, there was no advice given that the parking needed to be validated therefore the Defendant is not indebted to XX.

3.3 Upon contacting the hotel after receiving the DCB Legal letter, the Defendant was advised by the hotel that the PCN was ‘too late to cancel’ but upon accepting this was legitimate parking, offered to pay the fine. The court claim was issued before the Defendant was able to arrange this.

Gr1pr

There is no fine,  its a parking charge notice   (  PCN  )

I presume you have a completed paragraph 2 and a paragraph 3  ?

greensmoke85

Yep para 2 is from the template with a line at the end to say Defendant is registered keeper. Para 3 is taken from this https://forums.moneysavingexpert.com/discussion/6576011/cel-dcb-legal-pcn-cnbc-claim-defence-assistance-required-please as advised by @Coupon-mad with amended dates.  

Amended:

3.1 The Defendant did not receive a PCN in relation to this parking. The first the Defendant heard of this PCN was via the letter from DCB Legal dated XX therefore the Defendant was unable to appeal or respond to the alleged PCN. 

3.2 The parking itself was legitimate parking as a paid hotel guest at a hotel only accessible by car. Upon inquiring at the hotel about parking, there was no advice given that the parking needed to be validated therefore the Defendant is not indebted to XX.

3.3 Upon contacting the hotel after receiving the DCB Legal letter, the Defendant was advised by the hotel that the PCN was ‘too late to cancel’ but upon accepting this was legitimate parking, offered to reimburse the Defendant for the initial claim issued by DCB Legal. The court claim was issued before the Defendant was able to arrange this.

Gr1pr

Your paragraph 2 should say registered keeper but not the driver 

Paragraph 3 would be correct if you altered the date accordingly 

I am glad to see that you removed the 4 letter F word

Coupon-mad

Remove 3.3. It sounds like you wanted to pay it and get the money back from the hotel. It reads almost like an admission or offer.

greensmoke85

Thank you both.

So is this all that is needed:

Para 2 is from the template with a line at the end to say Defendant is registered keeper and not the Driver. Para 3 taken from this https://forums.moneysavingexpert.com/discussion/6576011/cel-dcb-legal-pcn-cnbc-claim-defence-assistance-required-please with amended dates.  

Then:

3.1 The Defendant did not receive a PCN in relation to this parking. The first the Defendant heard of this PCN was via the letter from DCB Legal dated XX therefore the Defendant was unable to appeal or respond to the alleged PCN. 

3.2 The parking itself was legitimate parking as a paid hotel guest at a hotel only accessible by car. Upon inquiring at the hotel about parking, there was no advice given that the parking needed to be validated therefore the Defendant is not indebted to XX.