DCB claim for parking

Car1980

Save all that for your witness statement. Just use this for paragraph 3:

The defendant had made a booking for Pancho Khana restaurant on 24th July at 21:50 pm. The Coventry Road was busy and so the defendant stopped their vehicle in front of Cake Box shop, which was closed. The defendant left the vehicle and searched for any parking signage. None could be found. The defendant decided to ask at the restaurant across the road whether he knew of any parking rules. He advised that parking was not permitted, despite the lack of signage, and so the defendant returned to the vehicle and left. No contract ever existed between the defendant and the claimant, and even if a badly located sign was present somewhere in the dark, the defendant maintains the effect of his actions are the same as declining the contract and leaving.

Defence is in the third person.
Your later Witness Statement is in the first person.

Coupon-mad

nksm said:

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

That isn't how to write a defence.

Bin it.

Revisit the replies you had on page one.

You use our Template Defence but don't show us because we're fed up being expected to read our own work on people's threads! 

nksm

Thank you Car1980
Thank you Coupon_mad

nksm

I sent my reply and got a notice from court for settlement within 28 days.  I received call twice from the DCB legal team.  Initially they offered £180 (original claim was £260) as settlement figure.  Today, I was offered £170.  28 days was over on 25th April. 
Suggestions would be highly appreciated.

Regards,
nksm

Gr1pr

Ignore them and follow the 12 steps in the defence template thread 

nksm

Thank you ever so much Gr1pr 

nksm

I have now received the 'NOTICE OF PROPOSED ALLOCATION TO THE SMALL CLAIMS TRACK'.
I have to complete N180 and return to the court. 
I am unsure about the point 'SUITABILITY FOR DETERMINATION WITHOUT A HEARING'.  YES or NO
Your suggestions would be highly appreciated. 

Thanks & regards,
NKSM

Coupon-mad

That's covered in the 2nd post of the NEWBIES thread. 

nksm

Thank you 

nksm

I received sms yesterday as follows:

Small claim mediation Service:
Mediation Reminder: Claim M........., 14/07/25 9:30 to 12:30.  Please refer to your email/letter with details you must read before the appointment. 

I have not received any email or letter to know the details, such as - 
Which court ? What room? 
I mention my local court as preference during reply.
Shall I attend the local court ??
Any suggestion please??