Claim form received

Robbingthieves

I received this claim form 

I did not receive any PCN 
my car was registered to my old address in n.ireland and not updated as I was selling it
I am not aware of any PCNs being received at previous address 
I was living in apartment block in London with shared post box  at date of alleged incident but moved to new address in August 24 . The court claim is addressed to my current address
I have sent an AOS and need to start my defence . I have read lots of relevant threads and am checking is there any specific argument I need to quote
 POFA2012 ?
 Keeper but not driver ?
I realise it is my responsibility to update DVLA address but as a consequence I have not been able to respond or defend this prior to the court claim 
Any advice greatly appreciated 

Gr1pr

Do the same thing as the other recent april only DCB Legal claims on here,  similar recent paragraphs 2 & 3 , but dont mention not being the driver unless it definitely wasn't you

Post your proposed paragraphs 2 & 3 below , for critique,  plus post the issue date from the top right of the claim form too

Coupon-mad

Just use the template defence. If stuck what to put in para 3, why not read ten other DCB Legal Euro Car Parks threads exactly like yours? All the same really!

Robbingthieves

My defence Para 2 &3. Not varied much from template  I Intend to submit tonight as Issue date of CCJ was 8/4/25  with AOS completed 22/4 so assuming dead line of 11/5  

The facts known to the Defendant:

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appears to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper.  The Defendant can not be confident who was driving as is unable to recall this alleged event from 2 years and 5 months ago.

3.Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 10/11/2022" (the date of the alleged visit).  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 (no PCN can be £170 on private land) and there were no damages incurred whatsoever. The Claimant is put to strict proof of all of their allegations. 

The defendant has not received any prior correspondence from the claimant regarding the PCNs . The defendant was first notified of these claims by receiving a county court judgment.  The substantial time lapse has made it difficult for the defendant or any of the other regular insured users of the vehicle to recall specific details regarding the using the carpark on the date specified. The defendant therefore contends that it is not feasible to establish who was operating the vehicle at that time and disputes liability for the parking ticket based on the lack of clear, attributable evidence.

In CIVIL PROCEDURE RULES 13.2  The British Parking Association (BPA) anticipated that issues will arise where operators do not take reasonable steps to ascertain correct addresses.  Clause 24.1c of the BPA Approved Operator Scheme Code of Practice (Version 8 – January 2020) states “Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the contact details for the person you are writing to are correct.” and amicable means of communication established for a resolution.     Assuming the Claimant failed to take reasonable endeavours to ascertain my correct current address prior to issuing proceedings and is therefore in breach of the Code of Praccoupled .                            The defendant changed address in August 2022 and aqain in August 2024 and forwarded mail each time for 3 months yet received no communication from the claimant  and yet the correct current address was found to issue the CCJ .The current address is in a block of flats and sometimes mail gets delivered to the wrong flat . As a result the defendant  was never given the chance to appeal this charge and is disadvantaged attempting to resolve this at such a late stage.

Coupon-mad

But this isn't true:

"The defendant was first notified of these claims by receiving a county court judgment."

You have not had a CCJ.

Robbingthieves

Ah  I see …by receiving a claim form  ok ?

Gr1pr

No deadline is a Sunday,  weekends are never a deadline,  so your deadline is Monday at 4pm

Ensure that you receive the automated email response,  checking your spam folder as well as your inbox 

No CCJ yet, and never should be if you follow our advice,  it's a court claim 

1505grandad

Para 3  -  " No PCN was "issued on 10/11/2022" (the date of the alleged visit). "

Yours is one of the recent Claim forms that state "contravention" not issued

Robbingthieves

so was a PCN not issued at all to any address ?
The Particulars of claim states a PC (S) was issued to the defendant
Do i change the wording in my defence ?

Coupon-mad

Here's the exact same matter answered twice already here since 6pm:

https://forums.moneysavingexpert.com/discussion/comment/81442623#Comment_81442623

https://forums.moneysavingexpert.com/discussion/comment/81442644#Comment_81442644

Robbingthieves

Can I doublecheck I only email my signed and dated defence pdf file to the CNBC email with claim number and defence in title
I have a response pack sent with claim form from HM Courts & Tribunals which has a N9B defence form included .
I know the 12 steps thread advises email PDF only and await own DQ from CNBC just seeking reassurance as it seems quite official