claim form

Pleasehelpmeout

Gr1pr said:

G24 is the parking company claimant,  top left

Dcb Legal are the lawyers acting on behalf of G24 , so next paragraph down on the left of the form

When you say we, I hope that it was your partner as defendant that logged into the Gov gateway,  navigated to MCOL and they did the AOS online   ?  ( with you assisting them  )  this is nothing to do with you,  please understand that 

Its your partners defence you are both drafting,  so not MY defence,  but MY PARTNER'S defence 

correct! Is him that did it (with me assisting) thank you for your help

Coupon-mad

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 the Defendant obviously states they were not driving, at the end of para 2 like the Template Defence tells him.

This is dead easy. We do this daily.  

Pleasehelpmeout

Gr1pr said:

G24 is the parking company claimant,  top left

Dcb Legal are the lawyers acting on behalf of G24 , so next paragraph down on the left of the form

When you say we, I hope that it was your partner as defendant that logged into the Gov gateway,  navigated to MCOL and they did the AOS online   ?  ( with you assisting them  )  this is nothing to do with you,  please understand that 

Its your partners defence you are both drafting,  so not MY defence,  but MY PARTNER'S defence 

I was wondering, after completing online the AOS, should he have received any auto reply, confirmation email or anything at all? After submitting it said that was successfully submitted but did not receive any email back at all?!

Gr1pr

No, but when your partner logs in to MCOL,  if they can do so, it should show in their MCOL claim history 

If you emailed the form to the AOS email address shown in post 1 in the defence template thread,  I would expect an email auto receipt reply from the CNBC in Northampton in your Inbox   ( or possibly in your spam folder seeing as it won̈t be in your contacts   )

Pleasehelpmeout

Hello everyone and thanks a lot! 

I have many major issues going on this weeks and never filed the defence. Has past a month since then though and I have received nothing back, any idea what’s happening? Many thanks in advance 

Gr1pr

She wont receive anything back, not yet,  so  what does her MCOL claim history show  ? Copy and paste it below 

Coupon-mad

Pleasehelpmeout said:

Hello everyone and thanks a lot! 

I have many major issues going on this weeks and never filed the defence. Has past a month since then though and I have received nothing back, any idea what’s happening? Many thanks in advance 

Why haven't you logged into MCOL to see?

Pleasehelpmeout

Gr1pr said:

She wont receive anything back, not yet,  so  what does her MCOL claim history show  ? Copy and paste it below 

“Claim History

A claim was issued against you on 19/02/2025

Your acknowledgment of service was submitted on 27/02/2025 at 13:41:48

Your acknowledgment of service was received on 27/02/2025 at 14:05:07”

Recent

Pleasehelpmeout

Gr1pr said:

Use the following example,  but alter paragraph 3 because there are 3 pcns and therefore 3 dates,  so reword that part of the paragraph accordingly , the example below was only one date, not 3 dates 

2 is unchanged because your partner is the keeper but not the driver 

Then possibly think about adding a concise paragraph 3.1, if its necessary,  which it may not be in this case, especially as the keeper was not the driver 

https://forums.moneysavingexpert.com/discussion/6590389/g24-dcb-legal-pcn-cnbc-claim-help-with-defence-assistance-required#latest

The rest of the template defence will be used at the correct time,  but you will replace paragraphs 2 & 3 with your draft paragraphs 

Hi all!

Thank you for your time and dedication to MSE. I have been reading through many threads and looking through the recommended threads that get pointed out all the time!

I am currently writing up a draft defense. 

Please let me know if any further info is needed.

Just confirming do I sent it as a pdf here: ClaimResponses.CNBC@justice.gov.uk ? 

Thank you all in advance 

Defence draft:

IN THE COUNTY COURT

Claim No.: M3KF82**

Between

UK Parking Control Limited

G24 LIMITED

2-4 PACKHORSE ROAD

GERRARDS CROSS

SL9 7QE

- and -

David D****

DEFENCE

 1.   The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. It is denied that any conduct by the driver was in breach of any term. Further, it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming ‘keeper liability', which is unclear from the boilerplate text in the Particulars of Claim ('the POC').

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, 16P D3 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 recognized and it is admitted that the Defendant was the registered keeper, but NOT the driver at the time.

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 17/06/2024, 22/06/2024 and 01/07/2024" (the dates of the alleged visits). 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 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.

5.   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.

Then "Exaggerated Claim and 'market failure' currently being addressed by UK Government" onward has all been used from Coupon-Mads" Template Defense thread". All of it, including the links.

Gr1pr

You also need to consider cutting the defence right back and logging into MCOL,  copy and paste it into the start defence box, making sure that it fits,  due to the character count limit 

So cut down, and copy and paste , not save as a pdf and not email , due to the fact that it's way overdue 

Ps, there is no S in the word DEFENCE,  plus there are typos in your draft too

If the claim is in her name,  she files it, not you , if you are named on the claim form,  you login online and file it