Total Parking/DCB Legal Court Claim Defence

InsertNameHere1234

Hi everyone,
Firstly thank you for this incredible resource. I wouldn't know where to begin all this without this help.

I've received a Claim form from the CNBC and have followed the guide so far. I'm really just checking that I'm on the right track before emailing my defence.

Situation so far is:
Claim form issue date 12/03
AOS received on MCOL on 19/3

Particulars of claim as follows:
1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXX at XXXX.

2. The PCN(s) were issued on 22/08/2024

3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: The Vehicle Exceeded The Maximum Stay Time

4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS

1. £140 being the total of the PCN(s) and damages

2. Interest at a rate of 8% per annum pursuant to 6.60 of the County Courts Act 1984 from the date hereof at a daily rate of £.02 until judgment or sooner payment.

3. Costs and court fees 

I have edited the template as per the example from shahib_02 so it reads:

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, 16PD3 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 recognised and it is admitted that the Defendant was the registered keeper.

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 22/08/2024" (the date of the alleged visit).  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 £140 on private land) and there were no damages incurred whatsoever. The Claimant is put to strict proof of all of their allegations.  



Do I need to add anything else or will this suffice?

Gr1pr

If you check the template defence,  paragraph 2, it needs an ending,  but yours doesn't have any ending,  it stops at keeper 

3 looks correct,  assuming that you changed the date to yours , and that they claimed £140 and not the usual £170

Anything else would be 3.1, if you have anything of note to add,  as coupon mad has explained many times,  otherwise it would be good to slot into the template defence replacing paragraphs 2 & 3 ( so the actual defence is around 30 or so paragraphs in total,  saved as a pdf document  )

InsertNameHere1234

I'll adjust to read "keeper, but NOT the driver at the time"


Thank you for the swift response. I'll email my defence tonight.

Coupon-mad

InsertNameHere1234 said:

I'll adjust to read "keeper, but NOT the driver at the time"

As long as that's true of course.

InsertNameHere1234

Definitely true. I was working office based on the day in question several miles away.

InsertNameHere1234

Just an update to note time frames really. 
Defence was sent as per template and I've just received yesterday the letter from DCB Legal stating they intend to  proceed and offering the option to settle. 
So that is step 7 down. Now waiting for step 8.