Parkmaven - DCB Legal- County court claim form

monkeman

Hi I was just looking for advice on what angle to take with my defence as it is a bit of a weird case. So I've just filled the AOS today so got a little bit of time to come up with something but I'm not sure which angle to take. 
So the car is not registered to me, it was a courtesy car given to me by the insurance company after a third party hit my car. Where I got the parking ticket was at an office I worked at where I've had many false tickets before. I gave them the reg of my courtesy car when I got it and would've have gone to the office building for 10 days in this car but only have a ticket for one of the days. The only time I received this ticket was 2-3 years ago when I initially received it and gave it to the reception of the office building to sort out which was a common thing this was probably the 5th one I gave them. Then I didn't hear anything at all from Parkmaven so I assumed it was rectified like the previous ones until I got this county court claim form. 
The one issue is since it was a long time ago I have no documents relating to me being at this office building except google maps history that shows I was there most days for 9 months. So I'm just really not sure what angle to take with this as there seems to be many I can go for. 
Any help would be greatly appreciated! 

Gr1pr

Post the issue date from the claim form 

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

Post the date that the AOS was done 

Like everyone else,  you base your defence on rebutting the POC and similar recent cases too 

Clearly the driver had permission to park by the business or landowner or employer 

monkeman

AOS was done today. The vehicle would have been there with the landowners permission but I have no way to prove this outside of showing GPS Data that I was there near enough everyday for 9 months and this is the only PCN I have. 

Car1980

Defend the claim they have made.

No idea what "NO Valid Parking Session" means.

Depends whether you want to just go for the standard defence or submit that the judge should make an order that they should file further and better particulars. 

 

Coupon-mad

Most DCB Legal case defences are similar to the thread below, where the template defence is used and paragraph 3 is as shown by @shahib_02  

https://forums.moneysavingexpert.com/discussion/6576011/cel-dcb-legal-pcn-cnbc-claim-defence-assistance-required-please

Easy stuff.

@KeithP will hopefully come along to this thread soon, with some more info.

KeithP

With a Claim Issue Date of 28th January, and having filed an Acknowledgment of Service('AOS') in a timely manner, you have until 4pm on Monday 3rd March 2025 to file a Defence.

That's over three 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'.

monkeman

Hi, So I've done all the other paragraphs as per the template in the newbie guide and here is the two that needed to be edited. Just wanted to check they are all okay before sending it off, thanks! 

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 lessee and driver.

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 05/06/2023" (the date of the alleged visit). Whilst the Defendant is the lessee paragraphs 3 and 4 are denied as "No valid parking session" is vague and further particulars should be filed by the Claimant. The Defendant is not liable and has seen no evidence of a breach of prominent terms. The car park is recognised as the car park for an office where at the time of the alleged offence the defendant had the landowner’s permission for the vehicle to be there. The Defendant has previously had multiple false PCNs from the Claimant which were struck out by the Landowner but the Defendant has never received any information regarding this particular PCN. 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

All good! Just change the wrong word 'offence' to breach.

monkeman

Thanks for your help so far everyone! Got the mediation call in a couple weeks, do I need to do anything other than tell the mediator my points as to why the claim is disputed and that I'm not giving them anything?

Car1980

You don't even have to say why it's disputed. 

"I would like to take this to hearing to argue my case in front of a judge. Therefore my offer is zero."

Coupon-mad

monkeman said:

Thanks for your help so far everyone! Got the mediation call in a couple weeks, do I need to do anything other than tell the mediator my points as to why the claim is disputed and that I'm not giving them anything?

This forum is like Groundhog Day: 

https://forums.moneysavingexpert.com/discussion/comment/81428380/#Comment_81428380