CNBC / National Parking Control / DCB LEGAL

why_overcharged

First of all thank you so much for this forum, what it means for people to have somewhere to turn in invaluable. Any help would be greatly appreciated. 

So this is a little bit different I'm helping out vulnerable friend out who has been absolutely hounded by DCB Legal.

Attached is the Claim form, and the only evidence ever provided a PCN statement. I will do the AOS over the weekend and draft a defence.

The claim is outrageous - they are claiming twice for separate breaches of contract for one alleged incident. The PCN statement is the only evidence ever sent.  The PCN numbers are sequential, and what is almost laughable is the second breach isn't even mentioned in their Particulars of Claim, yet they have the gall to add it to the claim.

My friend is disabled, so it's impossible for her to be the driver.

Can the basis of our defence be: not the driver, the particulars of claim are wrong, claiming twice and no evidence has been provided?

My friend would like me to speak for her at court, what do I need to do for this to be allowed?

Also do we need to worry about Britannia Parking Group Ltd v Semark-Julien [2020] EW Mis 12 (CC) (see below)?

When I replied to their letter of claim this was their reply (boilerplate removed, notice the email doesn't match the Particulars of Claim on the claim form): 

"This is not our Client’s usual business" made me lol.

On the first occasion, your vehicle breached the terms by parking on site without holding a valid NPC E-Permit. On the second occasion, your vehicle was found to be parked on the pavement.  
We confirm that both notices were issued under Schedule 4 (4)(1) of the Protection of Freedoms Act 2012, which states “The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle”. The DVLA confirmed that you were the Registered Keeper at the time the Parking Charges were issued and as no transfer of liability has been received by our Client, they have the right to recover the parking charges from you as the Keeper of the vehicle.
The sum added is a contribution to the actual costs incurred by our Client as a result of your non-payment. Our Client’s employees have spent time and material attempting to recover the debt. This is not our Client’s usual business and the resources could have been better spent in other areas of the business. Had you of paid as per the Contract, there would have been no need for recovery action so the amount due would not have increased. 
In accordance with the appeal decision made on 29th July 2020 in Britannia Parking Group Ltd v Semark-Julien [2020] EW Mis 12 (CC), it is not correct to propose this claim should be struck out as an ‘abuse of process’ due to the contractual costs claimed. You may wish to seek independent legal advice if you are unable to access relevant and up to date appeal information and legislation. 
Please note, the HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), which was last updated on 02 September 2020, confirmed that Parking Charges fall out of the scope of VAT.

KeithP

Hello and welcome.

You have left your MCOL password on that Claim Form image you have shown us.

That response to the Defendant's reply to the Letter of Claim has been seen many times. Note the ungrammatical phrase "had you of paid" and their reference to 'the HMRC ‘VAT Supply and Consideration manual’ (VATSC06140)'.

With a Claim Issue Date of 21st February, you have until Wednesday12th 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 Wednesday 26th March 2025 to file a Defence.

That's almost three 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'.

Coupon-mad

Can the basis of our defence be: not the driver, the particulars of claim are wrong, claiming twice and no evidence has been provided?

Yes but that would go into paragraph 3.1. (or 4, if you want to properly renumber the template). 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

Then you add an extra paragraph because you have something important to add about the circumstances, dates, details and lack of any allegation re the second PCN (do NOT fill in the gaps by saying what that PCN was for...NO MENTION OF PAVEMENTS!).  There's also the fact that the keeper is disabled, vulnerable and was not driving.

My friend would like me to speak for her at court, what do I need to do for this to be allowed?

Nothing; it is your friend's right. Search the forum for lay representative rights of audience order.

Also do we need to worry about Britannia Parking Group Ltd v Semark-Julien [2020] EW Mis 12 (CC) (see below)?

Not a jot, it's a pile of pants. We know the case: it's something and nothing.

why_overcharged

Ah crap I don't have access to change or delete my post! What can I do?

Coupon-mad

Report that post to ask the Forum Team to remove the image.

I've added a redacted version to my reply above.

why_overcharged

Reported thank you so much for the quick replies. I'll have to be careful what I post in the future until I get edit rights. I'll read through the template and post a draft defence here before sending via email.

why_overcharged

Hi, I'm going to email the defence soon. I've only changed paragraph 3 from @shahib_02  / template defence to better describe the particulars of our situation, does this look ok? Only question I have is do I need to email proof with the defence that my friend is disabled and unable to drive the vehicle in the claim.

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 04/07/2024" (the date of the alleged PCN).  Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. The Defendant is registered disabled and unable to drive the vehicle. The reason for breach of contract is boilerplate and unclear to the Defendant. The Defendant is not liable and no evidence has been provided of a breach of prominent terms.  The quantum is hugely exaggerated (no PCN can be £340 on private land) and there were no damages incurred whatsoever. The Claimant is put to strict proof of all of their allegations.

KeithP

Did you file an Acknowledgment of Service within the timescale allowed?

1505grandad

"No PCN was "issued on 04/07/2024" (the date of the alleged PCN")

Are there not TWO dates/pcns?

Also it will be "£170 per pcn.

why_overcharged

KeithP said:

Did you file an Acknowledgment of Service within the timescale allowed?

Yes filed on time.

why_overcharged

1505grandad said:

"No PCN was "issued on 04/07/2024" (the date of the alleged PCN")

Are there not TWO dates/pcns?

Also it will be "£170 per pcn.

I think your right I'll will change to £170. But the date is correct they are double charging for one offence see my original post. That's why I simply say the reason is unclear, not to give them a clue the POC is actually incorrect.