Newbie, sorry, feeling a little overwhelmed

Coupon-mad

rfhead said:

Thanks for all your responses, it really is appreciated.
when you get to my age things like this do feel very overwhelming, especially when you see that it’s from a court and instantly start worrying about CCJ’S and bailiffs etc.

Please come back - we want to help you defend and easily win this case. Have you done the AOS now?

rfhead

Hi all 
sorry for the late response, my partner has been fighting a serious leg infection and has been extremely ill, I have just realised I’m 
extremely close to the deadline to get me defence sent in, I have done the the first part to say I will be defending the case, hopefully I have enough time left.
I think they know most people will just pay up, when you’re stressed out and have more important issues, like health you just prioritise your health over money.
im going to have a look now and see if I can get to grips with what I need to do to try to defend this case.

rfhead

Okay so I have checked the template from what I can see, there is so much to read, extremely informative but overwhelming for me. But sorry, keep to the point.
so I reply with this below 

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

Also the driver at the time is registered as disabled and holds a current blue badge at date and time of alleged contravention.

add to this all necessary details if asked like reference numbers etc but do not name the driver.
make my reply online through the money claim site.
it does say to also upload a copy of the blue badge,
would you also advise me to do this.
Also do I include the issues that led to the overstay, the fact my partner had chest pains and had to take his morphine meds and he couldn’t drive for a certain amount of time due to drowsiness etc, or do I leave that for now. 

Can I say I’m extremely grateful for all and any help I receive from the members of this forum.

Sorry for the long post but I just want to make sure I do the best I can when replying.
thanks Michelle.

Coupon-mad

rfhead said:

Hi all, I did read the “read first section” but found it so overwhelming, so sorry about this. 

I honestly don’t know where to start and would just like to ask for a gentle push as what to do first.

 This happened over nearly 18 months ago and states I was the driver at the time, but I think it was my partner when he had one of his chest pain attacks, and he had to take extra morphine to alleviate the pain.

When this happens, on occasion, he has to wait some time before he can drive again due to drowsiness and safety of other road users, he also has a blue badge, due to his health issues. 

He is on a lot of very strong pain meds and has actually given up driving for the forceable future. His health issues and very strong medication make him very drowsy, forgetful and confused and he wouldn’t be able to deal with this letter....

Anyway, sorry for such a long introduction but I felt it was only fair to present the basics before asking people to go out of their way to give me some help or advice.

I will upload a copy of the letter incase this helps.

Okay so I have checked the template from what I can see, there is so much to read, extremely informative but overwhelming for me. But sorry, keep to the point.
so I reply with this below 

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner....

(blah blah - wrong template, wrong stage)

No.

That's an appeal for people to use when they get a PCN. You read the first post of the NEWBIES thread. We didn't tell you to read that. You aren't at appeal stage.

Read the SECOND POST OF IT ONLY.

Just use the Template Defence and draft your facts, which slot into paragraph 6 in your case, as it's a claim that fails to plead the reason for the charge.

You will never pay, no CCJ is risked and it probably won't even get as far as a hearing. All very easy and a useful experience in seeing off a 'scam'.

I already posted a full reply to you on 3rd April telling you exactly where to find the special defence for DCB Legal /ParkingEye cases.

I see you have been understandably distracted by more important life issues (hope your partner is in the mend now?) so here is my reply again to help you focus:

Coupon-mad said:

After doing the AOS, just use the special DCB Legal / Parking Eye claim already written for you.

The starting paragraphs for these cases are linked in the FIRST post of the Template Defence thread, then add and renumber paragraphs 4 onwards from the normal template defence.

You should also state somewhere near the start that the driver is a disabled blue badge holder and this claim is illegal discrimination, caused by the Claimant's choice to operate cheaply by using remote ANPR which does not account for the extra time needed by people with mobility and other impairments.


EDITED BECAUSE YOU ARE THE DEFENDANT.

YOU MUST SIGN THE DEFENCE.  THIS ISN'T HIS CLAIM, IT IS YOURS, AS KEEPER.

YOU ARE NOT FILLING IN ANY FORMS.

rfhead

Sorry I will look again and try to do better, I’m getting on in age and also suffer with dyslexia, I know it’s no excuse but it just gets a little overwhelming when there’s so much information. It sounds silly but honestly, it’s a little bit of a struggle to make sense of things sometimes. But many thanks for your patience and not ripping into me too much 😂 

Gr1pr

Just follow her advice and you will get there,  despite your problems,  most of it is easy at this stage,  so read explanations in the following thread too, but everything is based on the 2 sticky threads in announcements near the top of the forum,  the newbies sticky thread and the defence template thread 

https://forums.moneysavingexpert.com/discussion/6604168/dcbl-legal-court-claim-pack#latest

rfhead

Gr1pr said:

Just follow her advice and you will get there,  despite your problems,  most of it is easy at this stage,  so read explanations in the following thread too, but everything is based on the 2 sticky threads in announcements near the top of the forum,  the newbies sticky thread and the defence template thread 

https://forums.moneysavingexpert.com/discussion/6604168/dcbl-legal-court-claim-pack#latest

I quickly clicked on that link and it states to email the defence ? So I don’t use the online defence ? 

I clicked on complete the defence form and presumed I would need to add my defence there? Is that not the case. I can see why people pay the fine. Sorry I know you’re probably laughing your !!!!!! off at me at the moment but this is all so confusing.
i couldn’t even find the defence section that coupon-mad references. There are so many links and so many references and sections, I clicked on the link you attached and, honestly I didn’t understand any of it.
I looked at this part 

Use the defence template,  which is mainly copy it, adapt paragraphs 2 & 3 to suit Your own case

I cannot even find the defence template, what am I doing wrong? 

rfhead

Is this where I should be looking 

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

Coupon-mad

rfhead said:

Is this where I should be looking 

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

Yep.

First post mainly, with the link specially for DCB/ParkingEye claims, and then you'll see that you then need to add paragraph 4 onwards from the Template Defence (renumbering it all as para 7 onwards) which comes after your 'facts' paragraph 6 that you can run by us first of course (ONLY show us that para please). 

And yes you email the defence. DO NOT put even a full stop in the (character limited) MCOL defence box, eek no! Otherwise that becomes your defence.

MCOL is 'read-only' for you now, to check for updates once your defence is safely in.

rfhead

Thanks for the reply and your continued patience, I will attempt to try and figure out what I’m supposed to be doing and see how I get on.
just curious about something you said? I’m replying with my defence but you said don’t reply in the MCOL defence box as this will be my defence, I won’t do that of course, now you have given me this information, but do you mind me asking why you wouldn’t want it to be your defence if your sending your defence ? What’s the difference between the two?
thanks
Michelle