DCB / Secure parking solutions - court letter after they ignored appeal

Le_Kirk

That defence looks like the most up-to-date one for a claim of this type and for DCB Legal. I would clarify the statement about what the driver knows or saw by stating that the defendant spoke to the driver after receipt of the N1 court claim form and the driver informed the defendant .......... Your version could be taken as having been written by a driver defendant.

uksmudge

Thank you - noted. The Defendant was also in the vehicle so aware of the situation on how this occurred, but a useful amendment. Driver and Defendant also discussed after the original PCN issued, so will go back and update accordingly to remove any doubt.

Coupon-mad

Good defence but if she hasn't emailed it yet she could improve para 3 in her case (not the driver) like this:

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 17/11/2023" (the date of the alleged visit).  Whilst the Defendant is the registered keeper, the Defendant was not the driver and paragraphs 3 and 4 are denied. It is not accepted that the Claimant can necessarily rely upon the 'keeper liability' provisions of Schedule 4 of the Protection of Freedoms Act 2012 ('the POFA'), which is not automatic and there was not even a parking event. The Claimant is put to strict proof of all of their allegations and basis of alleged liability against the keeper. The Defendant is not liable and has seen no evidence of a breach of prominent terms nor a period of parking within a car park. The quantum is hugely exaggerated and there were no damages incurred whatsoever. In any event, the POFA states that the 'maximum sum' that can be recovered from the keeper is - at best - the parking charge only (plus ordinary court fees).  No extras: no 'damages' and no false enhancements can be recovered from the Defendant as registered keeper, not that the quantum has been broken down at all but no PCN can be £170 on private land.

uksmudge

Thanks - was just about to email, so we will update first