Newbie questions - Excel Parking using DCB Legal - Witness Statement stage

Lemonhead39

Thanks to all for their help with this invaluable resource. I would really appreciate your help with a few questions.

I have read the Newbies section for many hours and cannot find the defence template in the second point of the Newbies Section as communicated in various threads.

I did however find the below wayback  link from another thread from 31st July 2023 but the forum will not allow me to post the link currently.

Question 1 - Can someone please send the link to the the latest defence thread please?

My case is as follows. 

·      Parking firm – Excel Parking Services Limited

·      Solicitor – DCB Legal 

PCN Appeal

I appealed the PCN and provided evidence of a scan of a ticket. Excel Parking Services rejected my appeal and lied in their response claiming that, as part of my appeal, I had advised that I had claimed I had put the wrong registration number in. This is completely untrue. I have a ticket with the first four numbers of my car registration which match my car registration. I can’t access the appeal I submitted as it was an online web form.

Interestingly, the appeal reply from Excel Parking Services e-mailed to me in PDF format which rejected my appeal was addressed to the wrong address! I did not and have not acknowledged the appeal response.

IAS Appeal – Didn’t bother. Subsequently found out it is not worth appealing to them.

Letter of Claim - Ignored all other letters from DCB Legal including letter of claim.

 Current Stage - I am now at the Claim Stage.

·      Issue Date 4th Feb.

·      Service Date 9th Feb.

·      I plan to undertake the Acknowledgement of Service by 23rd Feb then use the defence template.

 

Question 2 -  As Excel Parking Services issued an appeal reply to the wrong address is the whole claim redundant? Can I write to DCB Legal asking them to withdraw the claim as it is invalid as their client failed to communicate the appeal reply accurately?

 

Question 3 – Excel Services Parking and DCB Legal do not use my full name in any of their letters or documents. They only use my forename and surname. DVLA will have provided my full name. Is this another area where Excel Parking Services have messed up that I can use to my advantage? Even the claim does not have my full name.

 

Thanks once again all.

 

KeithP

Lemonhead39 said:

 Current Stage - I am now at the Claim Stage.

·      Issue Date 4th Feb.

·      Service Date 9th Feb.

·      I plan to undertake the Acknowledgement of Service by 23rd Feb then use the defence template. 

Hello and welcome.

With a Claim Issue Date of 4th February, you have until Monday 24th February 2025 to file an Acknowledgment of Service('AOS'), but there is nothing to be gained by delaying it. 

To file an AOS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AOS in a timely manner, you have until 4pm on Monday 10th March 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 again at the second post on the NEWBIES thread - immediately following where you found the AOS guidance.

Don't miss the deadline for filing an AOS, nor that 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'.

Nellymoser

cannot find the defence template in the second point of the Newbies Section as communicated in various threads.

There is a link to it in the NEWBIES 2nd post but above the NEWBIES thread at the very top of the page is the Template defence thread.

Coupon-mad

We won't send a link to the Template Defence thread.  KeithP has already kindly taken you to the second post of the NEWBIES thread which you need to read, and there you will find the Template Defence thread link anyway!

Question 2 and Question 3 answers are both - NO.  Forget that.  But this is dead easy!  Copy & paste stuff.

In most current defences v DCB Legal claims, paragraph 3 (within the 30 paragraph Template Defence) looks similar to the thread below by @shahib_02  ... just change the incident date:

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

No need for more detail EXCEPT if you need to add something important as 3.1 (after shahib's para).

Then the whole template defence WHICH WE BEG POSTERS NOT TO POST IN FULL HERE (you've no idea how tiresome it is to be constantly asked to check our own work!).

DCB Legal will discontinue in 6 months time, before the hearing.

Lemonhead39

Thanks for all the really helpful responses from all concerned. I really appreciate it.

Lemonhead39

Hi again

I would appreciate some further advice as part of my defence.

AOS: Submitted Sunday 23/02/2024

PoC: 
Particulars of Claim 1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge issued to vehicle XXXXXXX at XXXXXX Car Park.

2. The PCN(s) were issued on DD/MM/YYYY
3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason:101) failure TO Purchase The Parking Tariff For The Registration Mark Of The Vehicle On Site And/Or Within The Time Allowed.
4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule  4.
AND THE CLAIMANT CLAIMS
1. £170 being the total of the PCN(s) and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.03 until judgment or sooner payment.
3. Costs and court fees

Before I found this forum, I appealed and the appeal was rejected by Excel Parking Services where, as part of their appeal response, they made up some fictitious statement that I had advised them in my appeal that I had submitted an incorrect registration mark. I didn’t write anything of the sort and had even shared a photo of ticket which matches my car registration (albeit only the first four alphanumerics are shown on the ticket). Is it even worth trying to explain this as part of section 3.1 in the defence claim? I can't remember whether I had to enter more than four aplhanumerics when registering my car when purchasing the ticket.

I am tempted to just go with the template 'as is' with Shabib's paragraph which denies paragraph 3 and they have not offered any proof. 

Could you advise please?

Thanks

Gr1pr

Use the paragraphs 2 & 3 as per shahibs defence,  stating that you were the keeper and driver,  if true 

Alter the date because no pcn was probably issued on the date in the POC,  but by post later 

Add a 3.1 stating that the Defendant appealed with proof of purchase that had VRM details on it 

Post the draft 3 paragraphs below for critique , to get them ready to slot into the defence 

So paragraphs first,  then prepare for suggestions and critique,  or approval 

Lemonhead39

Hi

Thanks once again. Please review.

The last sentence of Paragraph 2 of the template has been updated to include ‘and driver’.

However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver.

The date of PCN issue will be updated in Shabib’s paragraph below as the date of PCN issue was not the same date as the visit.

Paragraph 3 is as follows.

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 DD/MM/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.

3.1 The defendant appealed with proof of purchase that had the vehicle registration mark details on it.

Thanks

Coupon-mad

Great! Done.

Lemonhead39

Thanks very much once again!

Lemonhead39

Hi.

I am now on to the N180 stage which has to be filed with the court by 2nd May. I have just found the e mail address to e mail it to in the template defence thread. I assume I no longer have to post the N180 if I obtain an acknowledgment to the e mailed version?

In the N180 DCB Legal Limited filed with the court, they have requested that this should be the claimant's home court. Obviously, as the defendant, I would prefer it if it was held in my local county court. Can you please advise who makes the decision on court location?

Thanks