Court Claim - DCBL £170 (over 5 years ago!!!)

kryten3000

Don't submit your defence on MCOL.  Acknowledge the claim ONLY then make a proper Defence document and send it in as a PDF.  Defences should be 12pt Times New Roman, double spaced.

The MCOL site doesn't allow you to upload files and the box they give is way too small for the full defence.

bromfish

Looking for a bit of help with paragraph 3 on my defence. Part is based around signage. Other side is the Claim states 0 minutes parked during Covid. However, signage states 120 minutes parking for customers.

Any help on my draft would be great:

3. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. The Defendant does not accept that a contravention occurred on 22/04/2020, as alleged.  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.

3.1 Due to the length of time, the Defendant has no recollection of the day in question. The Defendant has parked in this car park many times while shopping in The Sports Direct Store with evidence of transactions available to submit when required. The Defendant was unaware of parking restrictions in place. The Defendant had not noticed any ‘Prominent’ signage close to where the vehicle was parked, showing the terms and conditions for use. The small signage was not suitable to alert a motorist, leading to an unawareness of any parking restrictions.

3.2 The Claimant has changed the terms and conditions of parking. Their Authorised Association Code of Practice stated at the time that they should have put up temporary signs showing that the 2 hours maximum stay had been reduced to 0. Under the consumer rights act 2015, the Claimant cannot change the terms of the contract once it has been “agreed” in the Claimants words.

Coupon-mad

Very easy to defend using the template but you may want to wait as I will be shortening it this week and changing the advice to tell people to put the defence in in MCOL not by email. 

bromfish

I still have 12 days to submit so either suits. I’m just checking that 3.2 reads alright. I’m not sure whether I need to reference the specifics of Consumer rights or whether it is fine just stating the act. 

Gr1pr

Yes, you are correct,  email the template,  then get ready for a court claim