Britannia Parking-DCB Legal Claim

sharpsand8

Hi everyone,

The original PCN was sent to my old address because, admittedly, I forgot to update my address with the DVLA after moving over a year before the PCN was issued. The first correspondence I actually received at my current address was already demanding £170. When I called to discuss this, I asked if they could forward me the original fine, and I would pay it. However, they refused and said they would continue pursuing the higher amount if I didn’t pay.

For context, I did purchase a ticket on the day in question and had planned to extend my stay via the app if needed but completely forgot.

Now, I’ve hit another issue: while trying to acknowledge service, my previous address is pre-filled in the box, and I can’t edit it. Other details are changeable, but not the address. My Gov Gateway account has my current, correct address, so I’m unsure why this is happening.

Any advice on how to update the address for acknowledgment of service

Thanks in advance!

Coupon-mad

You can just put your address right in the covering email when doing your defence.

DRAW CLEAR ATTENTION TO IT IN THE BODY OF THE EMAIL AND COPY IN DCB LEGAL SO THEY GET YOUR NEW ADDRESS TOO.

Tell the CNBC and DCB Legal to update the Defendant's address for service immediately because they no longer reside at the address used for the claim and it was pure luck that you were alerted to the claim form.

That's really important.

And your paragraph 3 (within the Template Defence: please DON'T show that 30 para defence to us!) will be the one in the thread by @shahib_02 but (of course) with the issue date changed to the one in your POC.

sharpsand8

Can anyone direct me to the thread by @shahib_02 that's referred to in the defence template please?

{if you have a DCB Legal Claim you can copy the new 'Regarding the POC...' paragraph 3 from the thread by @shahib_02 

Gr1pr

Click on that username to see their profile 

Click on their court claim thread and study it 

Coupon-mad

sharpsand8 said:

Can anyone direct me to the thread by @shahib_02 that's referred to in the defence template please?

{if you have a DCB Legal Claim you can copy the new 'Regarding the POC...' paragraph 3 from the thread by @shahib_02 

You have linked it twice! Look a bit harder at what a username posting profile shows.

sharpsand8

Should I include the following information in my defence... (re-worded of course)

The first correspondence I actually received at my current address was already demanding £170. When I called to discuss this, I asked if they could forward me the original fine/ NTK However, they refused and said they would continue pursuing the higher amount if I didn’t pay.

I have misplaced the letter so would not be able to say when the letter was dated.  

sharpsand8

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 registered keeper 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 21/07/2024" (the date of the alleged visit).  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 first correspondence the Defendant received at their current address was not an initial notice but a demand for £170. Upon contacting the issuer to discuss the matter, the Defendant requested that they provide the original fine or Notice to Keeper (NTK) so that they could review the details. However, they refused to send this information and instead insisted that they would continue pursuing the higher amount unless immediate payment was made. This lack of transparency and failure to provide essential documentation has denied all opportunity for the defendant to fairly assess and respond to the claim.

 5. The Claimant will concede that no financial loss has arisen and that in order to impose an inflated parking charge, as well as proving a term was breached, there must be:

(i). a strong 'legitimate interest' extending beyond mere compensation for loss, and

(Ii). 'adequate notice' of the 'penalty clause' charge which, in the case of a car park, requires prominent signs and lines.

6. The Defendant denies (i) or (ii) have been met. The charge imposed, in all the circumstances is a penalty, not saved by ParkingEye Ltd v Beavis [2015] UKSC67 ('the Beavis case'), which is fully distinguished.

KeithP

You haven't mentioned it, but I assume you filed an Acknowledgment of Service('AOS') within the prescribed timescale i.e. before 24th February.

Having filed an AOS in a timely manner, you had until 4pm on Monday 10th March 2025 to file a Defence.

That was two days ago. Clearly you didn't do that.

Since 4pm on Monday 10th March the Claimant has been free to seek a Default Judgment against you.

If they seek and get that Judgment before you have filed a Defence, then they win the race - it's game over - you lose.

Check your MCOL Claim History to see if there is already a Judgment against you. 
If there is, then you can ignore the rest of this post.

On the other hand if you file a Defence before the Claimant actually seeks and gets that Default Judgment, then you win this heat and go through to the next round and I suggest you aim to file a Defence as soon as possible.

At this stage, it's probably best to file a Defence via the MoneyClaimOnline website, but you'll need to prune the template drastically to get it to fit the MCOL box.

sharpsand8

I've miscalculated, I thought I had until Friday. Idiot

The last addition to the claim history was the AOS received.

Ok thanks I will work on editing a defence to file om MCO.

Thanks





 

sharpsand8

I have added up to section 6 into the defence directly in MCO and have 66 lines left. Should I try to include as much as I can from the template?

Gr1pr

Yes, including the statement of truth