Judgment issued despite replying to claim

b0ombox

Hello, I have spent quite a while reading the newbie thread, I think I understand everything but I just want to clarify a few things.
I've received a LBCCC(?) this morning relating to an unpaid parking fine from over a year ago. When I initially received the fine, I did admit to being the driver as I appealed through POPLA however my appeal was refused. I ignored all corresponding nonsense "as seen on Can't Pay? We'll Take It Away!" debt collection letters and then heard nothing for a while until this.
The back story is I was in a car park owned by PrivateEye for 9 minutes, I never left my car as I was waiting to pick somebody up but I then realised I was in the wrong place so I left. I thought the legal definition of "parked" was a vehicle with it's engine off and nobody inside, which at no point this was the case. So I'm hoping I have that in my favour, however I am now slightly worried as I have admitted to being the driver when perhaps I shouldn't have been so hasty to do so?

Am I right in thinking I need to email DCB LEGAL directly with the template in post #2 of the newbies thread (the pre action stage), ignore this claims pack and then await an email back?

Thank you, and apologies for what I imagine is one of a million similar posts.


[Image removed by Forum Team]

b0ombox

I realise I've left my number plate on the letter and as I'm new it won't allow me to delete or edit!

Sloppyjoe

Sorry but your research is a little flawed.

It isn't a "fine"

The car park will not be "owned by Parking Eye"

Your definition of being parked doesn't really add up to the breach of contract being on private property in breach of the terms and conditions, what were they?

If those were your appeal points they were never going to fly.

You now need to read up on defending the claim on here, for a start the POC is totally inadequate, also the amount claimed is way over the parking charge allowed.

b0ombox

Sloppyjoe said:

Sorry but your research is a little flawed.

It isn't a "fine"

The car park will not be "owned by Parking Eye"

Your definition of being parked doesn't really add up to the breach of contract being on private property in breach of the terms and conditions, what were they?

If those were your appeal points they were never going to fly.

You now need to read up on defending the claim on here, for a start the POC is totally inadequate, also the amount claimed is way over the parking charge allowed.

Hi thanks for replying, some of my terminology is probably a little off sorry! My appeal, in hindsight, was never going to fly anyway, I didn't take it seriously so just quickly typed a response. I should have probably done some better research at that point really haha.

Half_way

whos car park was this? 
Is Ian Hislop still involved with private eye?

Its not too late to complain to the landowner, however you will need to choose your wording very  carefully due to the stage things are at.
ie this is not a fine and so on, as the landowner will/may try and fob you off

b0ombox

Half_way said:

whos car park was this? 
Is Ian Hislop still involved with private eye?

Its not too late to complain to the landowner, however you will need to choose your wording very  carefully due to the stage things are at.
ie this is not a fine and so on, as the landowner will/may try and fob you off

Im not sure who the land owner actually is, would it be worth be going back today and taking a proper look at all the signage etc?

Half_way

where is the car park?

b0ombox

Half_way said:

where is the car park?

In a city centre, it's not attached to any particular business 

KeithP

You've left your MCOL password clearly visible on that image you have shown us.

With a Claim Issue Date of 25th February, you have until Monday 17th March to file an Acknowledgment of Service('AOS').  Do not file an AOS before 1st March, but otherwise 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 31st March 2025 to file a Defence.

That's over four 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'.

You need to be aware that those Particulars of Claim are totally inadequate.
Particularly this bit...

So it is alleged that the driver 'breached the terms on the signs (the contract)'.

And that allegation is then repeated - 'Reason: Vehicle Remained On Private Property In Breach Of The Prominently Displayed Terms And Conditions'.

Nowhere in those Particulars is there any explanation of what the driver is alleged to have done wrong.
This will be an easy win.

Coupon-mad

Which is why the OP should read ANY other DCB Legal PARKING EYE OR GROUP NEXUS defence from 2025.

Literally copy one.

ONLY DCBLegal claims involving ONLY those two parking firms. So easy!

In fact, I'm sure I now provide a link for an alternative start to defence for such cases, in the Template Defence thread. It's right there.

b0ombox

Coupon-mad said:

Which is why the OP should read ANY other DCB Legal PARKING EYE OR GROUP NEXUS defence from 2025.

Literally copy one.

ONLY DCBLegal claims involving ONLY those two parking firms. So easy!

In fact, I'm sure I now provide a link for an alternative start to defence for such cases, in the Template Defence thread. It's right there.

Yes I've read through so much of your stuff, it's been mega helpful thank you. I'm 99.9% sure of what to do from here, just to clarify do I send my defence to the  ClaimResponses.CNBC@justice.gov.uk email or to DCBLegal directly? I think it's the former but just checking.