Claim form received from DCB legal

ryder1time

I have received a court claim form from DCB legal. They are claiming £271 for a parking fine issued by Euro Car Parks on 12 February 2024.
I appealed the first £60 fine but it was declined. Since then I have just ignored the letters. Earlier this year I did write to my local MP who wrote to Euro Car Parks but again they declined as it is now in the hands of DCB. 

The letters are addressed to my wife as she’s the registered keeper. 

I’m not sure what to do now as I don’t want my wife to get a CCJ. 

Do I need to pay it? Or do I a contest it and hope they don’t take it further. 

I’m sure I had read previously that Euro Car Parks don’t go to court. Hence why I ignored most of the demands. Although, I’m now concerned as I’ve received a claim form. 

The fine was issued due to overstaying in a car park adjacent to a train station. I’d paid £7.50 for 12 hours. Due to a delayed train and no ramp provided at the station for my son’s wheelchair, the stressful situation caused him to have a severe panic attack. We got to our car just minutes late but decided to calm him down before leaving. We ended up overstaying 34 minutes. 

My son is 7 years old with cerebral palsy and also suffers with sensory issues which can bring on panic attacks. We knew we had overstayed by the time we reached our car so decided it safer to calm him down before driving. I couldn’t see anywhere on the signs how I could extend my ticket to the 24 hour period that was just 50p more. 

Can anyone please help? 

Gr1pr

You cannot deal with it if your wife is named on the court claim,  everything must be done in her name only, but you can assist her to fight it,  to defend it 

Post the issue date from the top right of the claim form,  plus post a redacted picture of the POC on the lower left of the claim form,  after hiding the VRM details first 

She wont get a CCJ 

Do not pay it

It wasn't a fine,  it was a Parking Charge Notice,  a PCN , commonly known as an invoice 

ECP are issuing thousands of claims using DCB Legal,  so dont believe gossip 

Coupon-mad

The letters are addressed to my wife as she’s the registered keeper. 

I’m not sure what to do now as I don’t want my wife to get a CCJ. 

She won't. As long as she defends (easy).

No CCJ is risked by doing what we advise in the Template Defence thread. Do not pay it out of fear or ignorance about CCJ risk. She defends it and in her paragraph 3 (see template defence) she talks about the details of what happened with you & your son and she relies upon the fact that the Equality Act 2010 allows more time.

Car1980

DCB Legal are unaware of the circumstances of the tickets they buy/claim/take a cut of etc.

We have seen them capitulate under such circumstances as they don't like taking on cases with scenarios such as yours.

Use the standard defence and in paragraph 3 do as described  (I'd also add that it amounts to Frustration of Contract and nullifies any of the claimant's contractual claim).

File the defence and then email info@dcblegal.co.uk with evidence of your son's medical condition and invite them to drop the claim now instead of inevitably dragging it out and discontinuing at the eleventh hour. State that should they do that you will be claiming costs due to unreasonable behaviour. Say you draw their attention to Orton v Barclays Bank UK PLC Trading and Excel Parking Services Limited v Robinson.

ryder1time

[Image removed by Forum Team]

Here is the claim form showing date and POC

Gr1pr

The defendant needs to read the second post in the newbies sticky thread in announcements near the top of the forum,  look at the AOS and Dropbox link and login to MCOL via their government gateway account and complete only the AOS online,  then logout 

Then they study the defence template thread,  again in announcements   ( you can assist them   )

Coupon-mad

Issue date 16th April.

Did you ever appeal this and had the appeal refused?

ryder1time

Coupon-mad said:

Issue date 16th April.

Did you ever appeal this and had the appeal refused?

I did appeal at first opportunity with ECP but it was rejected.

Coupon-mad

Coupon-mad said:

The letters are addressed to my wife as she’s the registered keeper. 

I’m not sure what to do now as I don’t want my wife to get a CCJ. 

She won't. As long as she defends (easy).

No CCJ is risked by doing what we advise in the Template Defence thread. Do not pay it out of fear or ignorance about CCJ risk. She defends it and in her paragraph 3 (see template defence) she talks about the details of what happened with you & your son and she relies upon the fact that the Equality Act 2010 allows more time.

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@ryder1time  said:

I did appeal at first opportunity with ECP but it was rejected.

You mean SHE appealed, surely? Not you? This is important.

Did they get an appeal FROM YOU so they know you were driving, had your full name and address from their online appeal?

Or was the appeal sent by her/in her name?

So she defends as I already explained above and in her paragraph 3, she mentions that the Claimant KNOWS this is an Equality Act (protected consumer) case because she appealed to them with information / evidence in MONTH/YEAR but they refused to cancel the PCN, which has developed into illegal harassment since, having ignored their duties under the EA as a service provider and bombarded her with multiple £170 debt demands then an unenforceable claim.

ryder1time

Coupon-mad said:

Coupon-mad said:

The letters are addressed to my wife as she’s the registered keeper. 

I’m not sure what to do now as I don’t want my wife to get a CCJ. 

She won't. As long as she defends (easy).

No CCJ is risked by doing what we advise in the Template Defence thread. Do not pay it out of fear or ignorance about CCJ risk. She defends it and in her paragraph 3 (see template defence) she talks about the details of what happened with you & your son and she relies upon the fact that the Equality Act 2010 allows more time.

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@ryder1time  said:

I did appeal at first opportunity with ECP but it was rejected.

You mean SHE appealed, surely? Not you? This is important.

Did they get an appeal FROM YOU so they know you were driving, had your full name and address from their online appeal?

Or was the appeal sent by her/in her name?

So she defends as I already explained above and in her paragraph 3, she mentions that the Claimant KNOWS this is an Equality Act (protected consumer) case because she appealed to them with information / evidence in MONTH/YEAR but they refused to cancel the PCN, which has developed into illegal harassment since, having ignored their duties under the EA as a service provider and bombarded her with multiple £170 debt demands then an unenforceable claim.

I sent it from my email and signed with my name. I don’t think I stated I was driving just referred to we rather than I. Annoyingly the email has disappeared from my sent folder. 

When they replied rejecting the appeal they addressed it to my wife to my email address. 

Coupon-mad

I doubt you appealed by email which is why it isn't in your sent emails. You did it online.

So she adds to her appeal (as well as the above stuff I already gave you) that they already hold the name & address of the driver because he appealed in MONTH/YEAR with evidence. Therefore they should never have continued to pursue the keeper which is unlawful. (Plus the EA point as above).