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Defence help - ECP / DCB Legal

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Comments

  • Wallahi
    Wallahi Posts: 10 Forumite
    First Post
    Thanks for your help Coupon, really appreciate it!

    updated defence:

    The facts known to the Defendant:

    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 and driver.

    3.     Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. 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 £170 on private land) and there were no damages incurred whatsoever. The Claimant is put to strict proof of all of their allegations.



    Quick question- is it better for me to admit the defendant was the driver or to leave it out?

  • Coupon-mad
    Coupon-mad Posts: 155,423 Forumite
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    Admit to driving. they'll discontinue in the Summer anyway.

    That's all done now! Easy wasn't it?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Wallahi
    Wallahi Posts: 10 Forumite
    First Post
    Admit to driving. they'll discontinue in the Summer anyway.

    That's all done now! Easy wasn't it?
    Thanks for your help Coupon i really appreciate it, just emailed the defence to cnbc.

    Going to follow the steps in the defense thread then will back for during the witness statement stage.


  • Wallahi
    Wallahi Posts: 10 Forumite
    First Post
    An update:

    Had the mediation call today, lasted 2 mins offered £0.

    Mediation wasent settled.

    what happens now, do i start drafting my witness statement?

    Any help would be appreciated.
  • Coupon-mad
    Coupon-mad Posts: 155,423 Forumite
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    edited 11 October at 10:24PM
    Nothing happens until your Dad gets a hearing order. But we need you both!

    Responses are invited to the Consultation now:

    https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-8-weeks-from-11th-july-2025/p1

    Do it pleeeease! We will discuss it further next week on that thread if you want ideas.


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
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  • Wallahi
    Wallahi Posts: 10 Forumite
    First Post

    Just wanted to give an update and say thanks to everyone who helped me through this!

    • I received a letter from DCB Legal offering to settle for £60 (down from £360) – I ignored it.
    • Then they called, asking if I’d accept the offer. I said no, I’ll see you in court. They tried the usual scare tactics about CCJs and higher costs, but I stood firm.
    • The very next day, I received an email saying they were discontinuing the claim, with the N279 Notice of Discontinuance attached!

    Massive thanks to everyone in the forum for your guidance and support. Couldn’t have done it without you!


  • Gr1pr
    Gr1pr Posts: 10,085 Forumite
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    Well done,  another one for the thread of shame by @Umkomaas

    ECP +DCB LEGAL 
  • Umkomaas
    Umkomaas Posts: 43,735 Forumite
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    Thank you @Wallahi for the copy of your NoD. I can now get this counted in the DCBL Legal thread of shame. 👍 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 155,423 Forumite
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    Yay! Well done.

    ANOTHER ONE BITES THE DUST!

    But... Morgan Falconer: not a solicitor?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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