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DCB Legal CP Plus Court Claim

jr2025
jr2025 Posts: 39 Forumite
10 Posts
I received court papers today from DCBL. I have acknowldeged service online.

It's for a charge from Moto Service Donnington.

I wish to defend the claim on the basis the vehicle was not parked in excess of two hours.

I returned to the car park within two hours and then used the petrol station on the site. I remained at the petrol station for about 25 minutes. Longer than expected due to a medical issue.

I''ve asked CP Plus numerous times for a copy of the T&C's (or a clear picture of signage). They have not responded or helped in anyway. I simply wanted to know if the two hours allowed was for time parked or simply on the site. I still don't know.

My only letters to DCBL have been to say that it's disputed and I'm waiting for responses from CP Plus.

CP Plus referred to DCBL while I was away for three month, which I advised them of after receiving the charge.

They just ignore everything and keep telling you how you can pay!

Do I just explain what happened on the defence or should I just go see a solicitor?


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Comments

  • Gr1pr
    Gr1pr Posts: 7,277 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 31 January at 5:11PM
    Probably neither,  but you should follow the advice given here 

    So its C P Plus and DCB Legal   ? ( not DCBL, DCBL are debt collectors,  not lawyers   )

    Post the issue date from the claim form  below please 

    Also post the date of the AOS too

    Lastly,  post a redacted picture of the POC details,  after hiding the VRM details first 

    All MSAs are 2 hours on site 

    Your case will probably mirror the case below,  ending in a discontinuance 

    https://forums.moneysavingexpert.com/discussion/6542193/claim-form-help-motorway-services/p1
  • jr2025
    jr2025 Posts: 39 Forumite
    10 Posts
    Thank you. I'll upload image as soon as I'm allowed. Not sure how long I have to wait.

    Issue date 28th Jan. AOS done today 31st Jan.

    And yes, parking charge was from CP Plus. Passed to DCBL in my absence (CP Plus were given exact dates I was away). Bunch of DCBL letters when I returned. Then letter before claim from DCB Legal. Claimant is CP Plus.

    The entry sign viewed on Google Maps says at the top, in bold, "Free parking for 2 hours" so I assumed exactly that. I can't read the smaller text to see if it clarifies the two hours is for time on site or just parking. So I asked for a copy of contract/T&Cs or a clear image of sign. No response from CP Plus. DCB Legal emailed me sone images of some signs somwhere but low resolution and they wouldn't confirm if the images were the actual signs or just generic signs.
  • Gr1pr
    Gr1pr Posts: 7,277 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    You can add a picture even as a newbie,  but add a short sentence too
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    jr2025 said:
    Issue date 28th Jan. AOS done today 31st Jan.
    Why did you rush to file an Acknowledgment of Service?
    You have effectively reduced the time available to you to file a Defence by three days.

    With a Claim Issue Date of 28th January, and having filed an Acknowledgment of Service('AOS') on 31st January, you have until 4pm on Friday 28th February 2025 to file a Defence.

    That's 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 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'.
  • jr2025
    jr2025 Posts: 39 Forumite
    10 Posts
    Ah, got it, here's the PofC

  • jr2025
    jr2025 Posts: 39 Forumite
    10 Posts
    KeithP said:
    jr2025 said:
    Issue date 28th Jan. AOS done today 31st Jan.
    Why did you rush to file an Acknowledgment of Service?

    Yeah, I Shoud have posted here first, I assumed that the AOS was just a formality 😟

    Will read the post quoted 👍
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 31 January at 9:31PM
    You need to be aware that those Particulars of Claim are totally inadequate.
    Particularly this bit...


    So it is alleged that the driver 'breached the terms on the signs (the contract)'.
    And that allegation is then repeated - 'Reason: Vehicle Remained On Private Property In Breach Of The Prominently Displayed Terms And Conditions'.

    Nowhere in those Particulars is there any explanation of what the driver is alleged to have done wrong.
    This will be an easy win.
  • Coupon-mad
    Coupon-mad Posts: 149,991 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yep, copy from any recent weeks'  DCB Legal claim defence that includes Chan & Akande.

    Search the forum.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • jr2025
    jr2025 Posts: 39 Forumite
    10 Posts
    Yep, copy from any recent weeks'  DCB Legal claim defence that includes Chan & Akande.

    Search the forum.
    I'm on it. Been carefully reading the hharry100 and makoali123 threads.
  • Coupon-mad
    Coupon-mad Posts: 149,991 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 February at 5:01PM
    Look at January threads where the defence has been completed.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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