Claim Form Received

kaykaymse

Hi all. Would be grateful for some help. I received a claim form in the post yesterday. It is from a parking fine from nearly 2 years ago. It's hard to remember the details from that long ago but I know that we tried to pay at the machine by card but the machine wouldnt take card payment. So then we had to go online on our phone to pay but there wasnt good signal so it took a while to set up the payment. We finally paid for an hour and stayed for just under this from the time we paid. Didn't realise that the time they start charging you for was from when you drive into the car park. How can I word my defence for this? Thank you!

kaykaymse

This is the claim form that I received

Gr1pr

Task 1  ) Login to MCOL and complete the AOS online after studying the Dropbox link and follow the pictures,  then logout,  nothing else to do in there

Task 2) study the rest of the advice given by coupon mad in that second post regarding court claims, then look at the template defence thread in announcements too 

kaykaymse

Thank you. I have done task 1. Do you think I am likely to win my case based on the defence that the machine was not accepting card payments? I have had a look on here but couldn't see anyone with a similar case to mine. Thanks

Gr1pr

Court is a lottery,  judge Bingo,  so you appear to have a good case but it would be foolish to predict the outcome. There are other threads on here about machine failures or app or card failures 

Dont necessarily restrict yourself to similar cases,  study the bigger picture,  if Parking Eye thought they could win they would have issued the claim themselves 

But

As the claim is via DCB Legal,  it's more likely to be discontinued like the hundreds of other claims in the thread by Umkomaas 

So my prediction is a discontinuation in several months time 

kaykaymse

Ok, thanks for the info. So do I just use the defence template but just add in point 2 about not accepting card payments and then leave the rest as is? 

Coupon-mad

kaykaymse said:

Ok, thanks for the info. So do I just use the defence template but just add in point 2 about not accepting card payments and then leave the rest as is? 

Absolutely not. 

You don't respond to stuff that's not pleaded and your facts are going to be in para 6 because you're using the special starting paragraphs for DCB Legal ParkingEye claims.

You seem to have missed that in the Template Defence first post.

kaykaymse

Sorry new to all of this 😬 will have to have another read through and see if I can find it, I'm a bit confused

Gr1pr

Take your time,  no rushing , study the advice several times,  read other recent threads where they have followed the advice given above 

Your submission deadline is 4pm on 20th of May,  not midnight tonight or tomorrow or next Monday 

Have a look at the cases of Discontinuance in the thread by Umkomaas,  starting with the newest,  to get the gist of the process 

kaykaymse

Ok, thank you, I will take a look. Also, do you see anything in their PoC that is incorrect that I can use in my defence? 

Gr1pr

kaykaymse said:

Ok, thank you, I will take a look. Also, do you see anything in their PoC that is incorrect that I can use in my defence? 

Yes,  they mentioned a breach,  but no mention of the nature of the breach 

So anyone looking at the POC would ask what it is, but it doesn't say,  effectively its like the police stating that you have committed a crime, but not said what crime it was 

So coupon mad pointed you towards the specific defence template for an unknown breach 

It doesn't matter what you think it was, because it should say what it was,  so dont overthink it,  stick to the Parking Eye template 

It also states that the charge was £170, yet no charge is over £100, so that is also incorrect,  as usual,  they added on a spurious debt collectors charge,  which is rebutted in the defence template 

Had Parking Eye brought the case,  the total would be around £70 less  !