DCB claim for parking

nksm

form the DCB legal Ltd. Today, I received the claim of £263 from THE COUNTY Dear All,

I parked my car in front of a closed shop in a busy area in Birmingham, coventry road to get to a restaurant. I was very dark, cold and I couldn't locate to parking notice. I was the restaurant owner about the parking rules in that area and he advised to move the car. I returned immediately and moved the car. Total duration was 13 mints as the small road was very busy. 

I received the parking notice and appealed.  The appeal was rejected, however, I did not received the rejection letter.  Instead, I received the penalty notice. I contacted the parking agency and explained about not receiving the appeal rejection email.  However, they refused to remove the penalty charge and to accept £60 as original fine. 

I spoke to the shop manager, He stated, they were disturbed by these penalty notice which are very frequent and issued even for parking for few minutes. They stated, Parking company is earning easy money and they were thinking of ending contract with them. He also advised not to pay until further discussion.

I ignored further letters COURT. 

Your advice regarding further steps would be highly appreciated.

Regards,

NKSM 

Coupon-mad

Just copy any other DCB Legal defence from 2025. Which parking firm?

Show us the POC and tell us the date of issue of the Claim Form.

nksm

Dated 12 March 2025

nksm

Thank you for responding.  It was from Secure Parking Solutions. Contravention date 24/07/24 21:51:02 to 22:04:36 
Reason for charge: Parking for Patrons whilst on the Premises only. 
Place: Small Heath, Coventry Road, Birmingham 
Will upload the POC as soon as I return home. 

nksm

[Image removed by Forum Team]

Original POC and I appealed, which was rejected. I spoke to shop manager, who mentioned that they were disturbed with the parking notice process which is being issued even for few minutes parkings. They were discussing about terminating contract with the parking company. he also mentioned that I parked at night and I did not block anyone.

Coupon-mad

That's not the POC. That's the NTK.

You've already shown us the POC.

And I already told you how to defend:

 "Just copy any other DCB Legal defence from 2025."

nksm

Dear Coupon-mad,
Thank you for your advice. I am new and I am not very familiar with technical terminology. Would you be happy to review my response once I have prepared and posted here?

Regards,
nksm 

Coupon-mad

We only need to see your para 3 but you are literally copying any other DCB Legal Defence and changing two words in para 2 and one date in para 3! This isn't difficult. Copy!

You can write a 3.1 if you have something specific to add about how the PCN arose and/or if you appealed.

Please don't show us our template defence.

KeithP

With a Claim Issue Date of 12th March, you have until Monday 31st 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 14th April 2025 to file a Defence.

That's nearly 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'.

nksm

Thank you so much. Truly appreciated. 

nksm

Dear Sir/Madam,

I came to Pancho Khana restaurant on 24th July for dinner at 21:50 pm. The Coventry road was busy and I pulled over the car in front of CAKE BOX shop and the shop was closed by then. I got off the car and I looked around to check the parking rules but, I could not find one.  It was very dark and other cars were also parked on that side of the road. So, I left the car and decided to ask the restaurant (across the road) owner at the earliest about the parking rules.  He advised me to move the car out of your premises and I returned immediately and moved the car out of your primases. The whole process took 13 minutes (21:51 to 22:04) as the road was busy and the parking area is adjoined with the narrow road and I needed to reverse my car in the dark to move out safely. 

 On receiving the parking notice (PCN) by post, I contacted the manager (land owner) through email and over telephone regarding the PCN and I explained him the circumstances including my displeasure as I am a loyal customer for many years of the CAKE BOX chain. The land owner initially advised me to contact Secure Parking through email (info@secureparkingsolutions.co.uk) regarding the parking issues. However, I did not get a response from the Secure Parking Solutions. Therefore, He further advised me to appeal and to mention about my loyalty as customer in the appeal for a likely positive outcome.  

 I appealed on 14 August 2024 as per advice from the land owner for the cancellation of the PCN. My appeal was acknowledged with advice to contact them after 28 days if no response was received. 

I received another letter (Final Reminder to pay £100) by post, dated 18 September (25 days interval) stating 'not received either an appeal, the driver’s details, or full payment within 28 days of issue. I was surprised to know that Secure Parking did not receive the driver’s details while I mentioned previously on my communications to the Secure parking Solutions through email and through the appeal that I parked the car. 

 I contacted the collection team over the phone after I received the above mentioned letter. I stated, I did not received any communication regarding the appeal decision by post or through email. I was forwarded the email regarding unsuccessful appeal decision during conversation. I requested her to consider £60 (discounted amount within 14 days) as I did not receive any letter regarding the appeal decision.  However, my request was rejected. I found the appeal decision in the junk email after through search at a later date.

 I further contacted the land owner over telephone and I explained the situations. Mr ----- (Land owner) stated, they were even disturbed with complaints regarding high numbers of PCN issuing to customers who even stops only for very few minutes. They have taken up the issue and awaiting a meeting to review the contract with Secure Parking Solutions. 

 In regards to my PCN, he stated, It was night time and I did not block any customer or caused inconvenience to anyone. I had no intention to park over there against the rules. I should not have been issued the PCN. He asked me not to pay and to wait for update once issue was sorted. 

 As a law abiding citizen and hectic schedule in my work, I feel, I was asked to pay a hefty fine for a minor mistake which happened unknowingly without an intention to breach the rules. There was no easily visible display board showing the parking rules, specifically in the dark. I asked the restaurant owner at the earliest opportunity regarding the parking rules and moved the car immediately.

As a loyal customer of CAKE BOX chain I followed the advice of the manager (land owner) without a positive response. Moreover, I was asked to pay a hugely exaggerated fine.  I still feel, I am being treated very harshly by Secure Parking Solutions and the Collections team. 

 

I am committed to continue as law abiding citizen. I look forward to the decision by the honourable court.

 Yours faithfully,

Applying for defence N9B 

Please review suggest

Many thanks,

NKSM