DCBL / DCB Legal (ongoing for 9 months)

Dalhousie105

I found it  - thanks

Dalhousie105

I have started my defense.  Following the template it says to add a paragraph 3.1 where I give my own particulars.  I have photo evidence of no signage in my direction of travel.  Do I state that I have this evidence and have it printed on the day of the hearing or do I add it into the document?  Thanks

Car1980

 No, you just say there was no signage. 

Photos and exhibits are saved for the Witness Statement. Although they usually discontinue before it even gets to that stage.

Dalhousie105

Template says insert 3.1 paragraph giving my particulars.  Here are my own paragraphs.  Please advise if anything to add, remove or reword.  Thanks

3. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. The Defendant does not accept that a contravention occurred on 23/07/2024, as alleged.  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 and there were no damages incurred whatsoever.

3.1 The Defendant appealed to the Claimant on 10th August 2024 via the Claimants website (Reference PGLA28181).  Grounds for appeal – No signage on approach or as you turn into the car park therefore the Defendant did not enter into any contract with the Claimant.  The Defendant did not occupy a parking space and did not leave the vehicle.  The Defendant pulled to the side at the far end of the carpark and waited (13 mins) while his wife walked to the bank. Nobody was obstructed from parking and no damages were incurred by the claimant. The Defendant obtained photo evidence showing the lack of signage which was included in the appeal. The Defendant kept a screenshot of confirmation the appeal had been submitted as proof of submission. The Defendant received no response to this appeal and as such the Defendant was denied the opportunity to have their case heard by POPLA.  After receiving a letter from DCBL (reference 7241607), the Defendant wrote a letter of complaint to the Claimant on 9th October 2024, complaining about the handling of the appeal.  In the complaint letter, the Defendant explained that they had not received any contact regarding the outcome of their appeal and asked for an appeal rejection letter to be issued which included a valid POPLA code so the Defendant could escalate the case to POPLA.  The Defendant received no acknowledgement of this letter or a response of any kind.  Instead, the Defendant received multiple letters from DCBL.  The Defendant checked back on the Claimants website to check they had not missed any online communication.  The Claimants website stated “Sorry, there was a problem obtaining these details – please click here to try again”.  The Defendant tried multiple times but received the same message. (screenshot kept as proof)

Car1980

What are the exact particulars of claim?

Dalhousie105

I pulled into the end of the car park while my wife went to the bank.
I remained in my car and did not exit it.
I did not occupy a parking bay.
Signs on both sides of the road were facing away from my direction of travel (photo evidence obtained)
Was in car park for 13 mins.
Appealed - no response so denied POPLA appeal.
Wrote complaint letter when received 1st DCBL letter - ignored, no response.
I sent reply to DCB Legal after receiving Letter of Claim from them - they responded with an attachment which is my appeal rejection letter that I never received and loads of photos of signs on the walls of the carpark. 

Gr1pr

Post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first 

Coupon-mad

What's the claim form Issue Date top right?

Very easy to defend using the template but you may want to wait as I will be shortening it this week and changing the advice to tell people to put the defence in in MCOL not by email. 

Dalhousie105

Date of claim issue: 27 June 25 but I go on a 2 week cruise on 20th of this month so will need to send my defense just before I leave.  

Dalhousie105

Here is the POC