Defence help - ECP / DCB Legal

Wallahi

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

Admit to driving. they'll discontinue in the Summer anyway.

That's all done now! Easy wasn't it?

Wallahi

Coupon-mad said:

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

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

Nothing happens until your Dad gets a hearing order. But we need you both!

We ask that you stick around while your Dad's case is quiet, to (both, individually) respond to the Public Consultation which is now open for August.

What parking operators do is is a national disgrace and a drain on Society, in terms of money and anxiety. If you want to be part of the push to change things in future, it's very important that people like you tell the Government that:

a) you have no faith in POPLA or the IAS and that there must be a SINGLE APPEALS SERVICE that people trust. This is why you ignored this private PCN. The sector is crying out for an independent and impartial appeals service - not two involved in a race to the bottom - that will give a real option to resolve disputed cases out of court. 

b).  THE ENRICHMENT OF 'DEBT RECOVERY FEES' MUST BE COMPLETELY BANNED. CASES ARE NOT SOLVED BY DEMANDING MORE MONEY AND OFFERING A 'PAYMENT PLAN' THAT ONLY THE VULNERABLE PAY. DRAS LIKE DCB LEGAL MAKE NO MONEY IF THEY HANDLE DISPUTES IN THE SPIRIT OF THE APPEALS CHARTER, WHICH IS WHY THEY ALWAYS PLOUGH ON TO COURT CLAIMS AND CCJs, RATHER THAN OFFERING REAL RESOLUTION AT PRE-ACTION STAGE. HENCE WHY YOU IGNORED THIS BECAUSE THEY OFFER NOTHING, NO LEGITIMATE OPTION TO KEEP CASES OUT OF COURT.

c). Tell them about your experience and the complete and utter waste of court resources caused on a grand scale by DCB Legal. If there had been an ADR you'd have used it, etc.

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 this month pleeease!

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