DCB Legal / Secure Parking Solutions Money Claim - help with Defence

Astro212

Thank you for your very swift responses! I’m sure i have copied para 2 word for word. Just to confirm, this is all now correct and good to send off?

Coupon-mad

Well it still has bits you'd need to remove, e.g.

"in the event that the allocating Judge does not strike out the claim pursuant to the above two authorities."

Also you can add to the 'POC paragraph' 3 that 'xxxx Road P&D' means nothing and fails to specify even a town, let alone a postcode to narrow down the location.

For that reason I wouldn't add your facts. Save them for WS stage & only use the template as provided, plus what I said above, plus maybe a brief para 4 (renumber the template below, so you don't lose a paragraph) that just says:

If this is the xxxxx road that the Defendant is having to guess it might be - in TOWN NAME - the signage is very poor and has inadequate lighting and it is not admitted that the Defendant even parked and left this car there, let alone agreed to pay £170.

(This is assuming you never appealed and this could reasonably plead that the location is poorly pleaded).

Astro212

Coupon-mad said:

Well it still has bits you'd need to remove, e.g.

"in the event that the allocating Judge does not strike out the claim pursuant to the above two authorities."

Also you can add to the 'POC paragraph' 3 that 'xxxx Road P&D' means nothing and fails to specify even a town, let alone a postcode to narrow down the location.

For that reason I wouldn't add your facts. Save them for WS stage & only use the template as provided, plus what I said above, plus maybe a brief para 4 (renumber the template below, so you don't lose a paragraph) that just says:

If this is the xxxxx road that the Defendant is having to guess it might be - in TOWN NAME - the signage is very poor and has inadequate lighting and it is not admitted that the Defendant even parked and left this car there, let alone agreed to pay £170.

(This is assuming you never appealed and this could reasonably plead that the location is poorly pleaded).

Annoyingly I had already sent the Defence without spotting the above mistake, being worried about the time (again my fault for leaving this so late). Will this be a big issue?

In terms of the location, the PoC did state the city and postcode so I couldn’t state the above.

I did appeal initially on the grounds of inadequate signage - they obviously rejected with their usual template, not once addressing the signage issues. I didn’t bother appealing via POPLA and just left it thinking they would eventually stop.

Anyway, I received the automated response via email so i guess now it’s just a waiting game.

Once again, i’d like to thank you for all the time and effort you put into to these threads - it’s very much appreciated!

Astro212

Hi @Coupon-mad just an update. The process continued to the point where I attended a mediation hearing - I offered £1. They rejected and continued the process. They then contacted me on a ‘without prejudice save as to costs’ basis, stating that they will accept £100. I obviously declined. Now I have received a letter ‘Notice of Allocation to the Small Claims (Hearing)’ with a hearing date set next month (November). 

Does this mean I have to now go to court? And should I be worried at this point? It does say that the Claim will be struck out if the Claimant does not pay the £27 fee.

I just want to add, what are the implications if i lose the case? How much will I have to pay roughly.

Coupon-mad

This point "eek, how much am I risking?" is already explained in the NEWBIES thread: circa £212 all told (but I doubt there will be a hearing with Secure Parking Solutions; we predict DCB Legal will discontinue).

I am surprised so few posters re-read post 2 'IMPORTANT: KNOW WHAT HAPPENS WHEN (in massive red capitals!) because that section tells everyone that it's c£212 (total) if a hearing happens and the D loses but says enough about the added £70 abuse to kill off that exaggeration.

These cases are easy and follow a well trodden path. Presumably you have started your WS?