DCB Legal Defence help

GeoffBungle

Hi there,

I've compiled a defence to a DCB Legal claim on behalf of Britannia Parking. Having combed the forums I think I've landed on the right wording for this particular case, but grateful for any guidance.

Claim form issue date: 8th January 2025
AOS submitted: 19th Jan
AOS received: 20th Jan

Particulars of Claim
1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXX at Birmingham ST Johns Road West, Harborne, B17 9NR.
2. The PCN(s) were issued on 17/04/2024
3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason:Failed TO Make A Valid Payment
4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.
AND THE CLAIMANT CLAIMS
1. £170 being the total of the PCN(s) and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.03 until judgment or sooner payment.
3. Costs and court fees

The registered keeper was not the driver at the time.

A registration number was entered and attempt to pay made at the ticket machine, but it did not register (despite the machine indicating a payment had been received).

The appeals process hasn't been engaged with as much as one would normally hope for but in a response to an initial appeal to the company they state that the PCN was issued on 24/04/2024. Not sure if this is helpful but it would seem to contradict the POC.

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 at the time.

3. The vehicle was parked at Birmingham St Johns Road West, Harborne, B17 9NR on 17 April 2024. The driver entered the vehicle registration at the ticket machine and attempted payment via contactless terminal, which appeared to register the payment. No ticket was produced by the machine, but an inspection of nearby vehicles found others were not displaying tickets. A subsequent inspection of bank statements can find no record of the payment. The defendant cannot be held liable for what appears to be a malfunction of the Claimant’s equipment.

4.     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 17/04/2024".  Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. 

(The rest per template)

Many thanks.

[Edited thread title and references to DCBL > DCB Legal to help searches]

Gr1pr

Its definitely not DCBL, ( debt collectors  not lawyers or legal   ) it will be Britannia Parking with DCB Legal 

4 should be 3, spin them round 

Coupon-mad

The Regarding the POC paragraph is longer than that.  Add the rest of it.

KeithP

GeoffBungle said:

Claim form issue date: 8th January 2025
AOS submitted: 19th Jan
AOS received: 20th Jan

With a Claim Issue Date of 8th 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 and it is good to see that you are not leaving 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'.

GeoffBungle

This is what happens when I try to be clever. Thanks all.

Trying again:

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 17/04/2024".  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.

4. The vehicle was parked at Birmingham St Johns Road West, Harborne, B17 9NR on 17 April 2024. The driver entered the vehicle registration at the ticket machine and attempted payment via contactless terminal, which appeared to register the payment. No ticket was produced by the machine, but an inspection of nearby vehicles found others were not displaying tickets. A subsequent inspection of bank statements can find no record of the payment. The defendant cannot be held liable for what appears to be a malfunction of the Claimant’s equipment.

And thank you again!

Coupon-mad

Perfect! Renumber para 4 onwards of the template ... and Bob's your uncle.

GeoffBungle

Will do. Thank you very much!

Nellymoser

An MP told Parliament “It’s completely unacceptable for private parking companies to penalise people for their own system flaws."

A small group of MPs have written to HCLG Minister as even with the industry's recently introduced new code motorists are still not being protected and treated fairly.

https://forums.moneysavingexpert.com/discussion/comment/81193608/#Comment_81193608

Please email your MP make sure he/she is aware and will support this action. Poster Smoof's template letter makes it an easy email, just copy/adapt to suit.

https://forums.moneysavingexpert.com/discussion/6583618/ive-written-to-my-mp

🙏

GeoffBungle

Hello again. 

Did mediation, then received a court date of August 6th. The court fees were due to be paid by Monday 14th July.

Yesterday received this:

Thank you so much to all the wonderful members of this forum!

Coupon-mad

GeoffBungle said:

Hello again. 

Did mediation, then received a court date of August 6th. The court fees were due to be paid by Monday 14th July.

Yesterday received this:

Thank you so much to all the wonderful members of this forum!

Calling @Umkomaas

ANOTHER ONE BITES THE DUST!

Umkomaas

Thank you @GeoffBungle for the copy of your NoD. I can now get this counted in the DCBL Legal thread of shame. 👍