DCBL / DCB Legal (ongoing for 9 months)

Dalhousie105

Here is the signage - facing away.  

Le_Kirk

I wouldn't be submitting that defence with paragraph 3.1 as you are liable to lose.  Just state what you have been advised and keep the rest of it until the witness statement stage.

Car1980

If you need to submit now I would just shorten it. Save all the other stuff for the witness statement.

3.1 The Defendant rested his car in the car park for a short while and did not leave the vehicle. No signage was seen or was visible. It is maintained that no valid contract was offered and there is no contractual relationship between the two parties.

Dalhousie105

Sorry for sounding dumb but the template says to explain my situation.  Why would I lose from what I have said (clearly explaining their was no visible signage). You say keep this for witness statement.  If it's so bad now how is it any better then?

Coupon-mad

Coupon-mad said:

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. 

As above. Wait a day or two...

Gr1pr

Dalhousie105 said:

Sorry for sounding dumb but the template says to explain my situation.  Why would I lose from what I have said (clearly explaining their was no visible signage). You say keep this for witness statement.  If it's so bad now how is it any better then?

Definitely lose that wordy paragraph 3.1, because the POC mentions no digital/parking session,  meaning no payment for the time on site.   The driver cannot just stop or rest for over 10 minutes whilst a passenger goes to a business 

That explanation you gave reinforces their claim  ( sometimes less is more, especially at the defence stage   ), so as Le Kirk explained above 

The poor and inadequate signage is the point to focus on,  not the reason for being there

But definitely wait for the new template defence by coupon mad 

Dalhousie105

Brilliant.  Thanks

Dalhousie105

Hi, is the new defense template available?  If so where at?  I need to send my defense off this week as I go on holiday for a fortnight this weekend.  Thanks

Gr1pr

Yes it is, right at the top of this forum,  so the top thread in announcements by Coupon-mad 

And is DEFENCE,  no S, so is titled  TEMPLATE DEFENCE TO ADAPT 

Dalhousie105

A user has posted their defence here: 
https://forums.moneysavingexpert.com/discussion/comment/81544284/#Comment_81544284 

It is very similar, just shorter but fits MCOL apparently.  I don't think anyone has verified this is OK as an adaptation of the original from CouponMad.  Is the above defence good enough?  I need to submit mine tomorrow at the latest as I go on holiday. 

Also I was told my 3.1 paragraph was to wordy.  Is this OK or too brief?

"The Defendant rested his car in the car park for a short while and did not leave the vehicle. No signage was seen or was visible. It is maintained that no valid contract was offered and there is no contractual relationship between the two parties.  The defendant has photographic evidence that the signage was not visible as it pointed away from the defendants direction of travel and is impossible to see on approach and on entry to the car park."

Thanks