MET Parking, DCB Legal court claim 2025

Milktray7

Can somebody please check below my paragraph No.3 for Claim defence (PCN). I have another 14 days to submit:

3. The Defendant parked the vehicle at xxxxxxxxxxx while working there on xx/xx/xxxx for the purpose of facilitating a sports sessions. The Defendant was authorised to park as an individual hiring the Centre’s facilities during this period, and therefore, no breach of parking terms occurred. Any alleged contractual liability is denied on the grounds that the Defendant had a legitimate right to park.

Furthermore, the Defendant did not receive a Penalty Charge Notice (PCN) on the date of the alleged contravention. While the Claimant asserts that the PCN was affixed to the vehicle, the Defendant did not find any such notice and was therefore unaware of the charge until receiving later correspondence. The failure to ensure the PCN was properly served breaches procedural fairness and deprives the Defendant of the opportunity to either pay at the discounted rate or challenge the charge at the earliest opportunity.

Under the Protection of Freedoms Act 2012 (Schedule 4), for a parking charge to be enforceable against a vehicle’s keeper, the operator must follow strict procedural requirements, including the proper delivery of notices. The absence of the PCN at the time of retrieval raises doubts as to whether it was correctly issued or whether it was unlawfully removed. In either case, the Defendant was denied the ability to respond in accordance with due process. Given these procedural failings, any claim against the Defendant is unfair, unenforceable, and should be dismissed.

Car1980

Parking Charge not Penalty Charge. 

Or even Parking Charge Invoice, since it's just an ordinary invoice from an ordinary limited company like any other.

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.

Milktray7

Thanks for your reply.

The date on my Claim form is 17/01/2025

Acknowledge of Service was filed on 27/01/2025.

Claimant is Met Parking via DCB Legal.

I will post the POC when I get into the office later!!

Thanks

Milktray7

Below is POC!

KeithP

Milktray7 said:

The date on my Claim form is 17/01/2025

Acknowledge of Service was filed on 27/01/2025.

With a Claim Issue Date of 17th January, and having filed an Acknowledgment of Service('AOS') in a timely manner, you have until 4pm on Wednesday 19th February 2025 to file a Defence.

That's over 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'.

Coupon-mad

Here's an example with an extra couple of paragraphs you should borrow and adapt:

https://forums.moneysavingexpert.com/discussion/comment/81244154/#Comment_81244154

Milktray7

Thanks to all for your guidance and suggestions. I am carefully weaving all of this into my defence. I will keep you updated!🙂

Milktray7

I've attached my defence in an email sent to the 

ClaimResponses.CNBC@justice.gov.uk and have received an auto response from them telling me to expect a response within 10 days. 

Just out of curiosity, why was it better to email the defence as opposed to submitting through the MCOL website?

Gr1pr

As the newbies sticky thread link tells people,  the MCOL online system doesn't allow enough characters so cannot accommodate the completed defence,  plus it scrambles the formatting too

If the CNBC improved the system,  or allowed uploads like Popla, things might change,  but they have changed their online email system a year ago so is better for the time being 

Coupon-mad

Milktray7 said:

Just out of curiosity, why was it better to email the defence as opposed to submitting through the MCOL website?

Do you think it would fit the box ?!