DCB Legal Issue Claim For Parking Eye - Help Request

bachgendimsyniad

I have received a claim court letter from DCB Legal on behalf of ParkingEye. I have been receiving letters from both parties since 2021 regarding a time I entered one of their car parks in Liverpool. Prior to this I had used this car park multiple times without any problems. This particular time we arrived when it was dark and were having issues paying online. I mention it was dark because the car park had poor lighting and had to use my phone torch to read the signage. Myself and my partner tried to pay via PayByPhone but were getting ‘server not responding errors’. I troubleshooted the error but was unhelpful (I have a screenshot of my search history) I also tried calling them with no luck either. After 9 minutes we left as we could realised we could not pay and we parked elsewhere. 

The claim has gone through POPLA but deemed to have insufficient evidence. Now they have gone through small court. They are requesting £300 and I have until the 16th to respond. I would like to defend myself but I’m worried it will result in me paying more and having a CCJ to my name. I’m very annoyed at this point as I don’t think I am liable to pay for an error on their side. I also find it interesting that the only option to pay is via PayByPhone. Should it not be a requirement to have on-site machines?

Would greatly appreciate any advice.

KeithP

Hello and welcome.

What is the Issue Date on your Claim Form?

Can you please show us a picture of the Particulars of Claim - with all your personal detail hidden of course.

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Coupon-mad

They are requesting £300 and I have until the 16th to respond. I would like to defend myself but I’m worried it will result in me paying more and having a CCJ to my name.

Even though the 2nd post of the NEWBIES thread tells you neither of those things happen?

Umkomaas

Thank you for opening a new thread for your parking issue. 

It's a pretty well established case that when PE farm out cases to DCB Legal they have little confidence in being able to succeed with a court claim of their own. As the PPC that first started the 'gold rush' of private parking-related court claims over 10 years ago, and with their own in-house team of solicitors, they are well capable of mounting their own cases .... where they believe success will follow. 

While you will have to jump through all the required hoops to defend yourself (the NEWBIES FAQ Announcement, second post, and Template Defence Announcement's 12 Steps will guide you through what it is you need to do), the fact that DCB Legal are involved is not 'bad news'.  There is clear evidence that if you defend this robustly, there is every likelihood that DCB Legal will discontinue and slink off, looking for lower hanging fruit.  Please have a read of the following thread - suggest you read the first few posts, then skim through looking at other PE cases recorded in it.  There are almost 500 cases recorded to date, across a range of parking firms. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Umkomaas

Would you amend your thread title to include 'Parking Eye' in it please. 'DCB Court Claim Letter' is too generic (we have so many DCB cases to deal with every day!). Suggest:

'DCB Legal Issue Claim For Parking Eye - Help Request'

bachgendimsyniad

Issue date is 25th of Feb

bachgendimsyniad

Attached claim form and parking notice. I have not submitted anything to the court yet.

bachgendimsyniad

Umkomaas said:

Would you amend your thread title to include 'Parking Eye' in it please. 'DCB Court Claim Letter' is too generic (we have so many DCB cases to deal with every day!). Suggest:

'DCB Legal Issue Claim For Parking Eye - Help Request'

Not able to edit, suspect as I'm a 'Newbie' I have limited access. I will update when I'm able to.

KeithP

With a Claim Issue Date of 25th February, you have until Monday 17th March 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 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

The Template Defence FIRST post gives you the link you need for these DCB /PEye cases.

bachgendimsyniad

Hi all,

A quick update on this ongoing claim.

I have been given a hearing date at my local court for mid-November. 

I have receieved multiple calls from the debt recovery company which I have continued to ignore. 

A few days ago I received an email asking to settle the case for £60 (debt amount is £300) which I am also ignoring. 

It does feel like they are trying to squeeze me now. Do I stand strong and continue to ignore? If they wish to meet me in court I am prepared to fight my corner.