Claim Form Received - DCB Legal (Euro Car Parks)

nedge2k

Hi,

I'd appreciate some critique on my defence:

PoC:
1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge issued to vehicle [REDACTED] at [REDACTED] Car Park.
2. The date of contravention is [REDACTED] and the D was issued with PC(s) by the Claimant.
3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: The Vehicle Was Parked Without A Valid Pay BY Phone Transaction.
4. In the alternative the Defendant is pursued as the keeper pursuant to POFA 2012, Schedule  4.

Defence:

3.       Referring to the PoC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Whilst the Defendant is the registered keeper and driver, 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.

3.1.    The Defendant, his family and friends (“The Group”); comprising of adults and small children in two separate vehicles, arrived at the [REDACTED] car park for the purposes of a birthday meal at the [REDACTED] restaurant. This had been the first time The Group had attended this venue, post-COVID. Prior to the COVID outbreak, The Group had attended multiple times with no issues relating to parking.

3.2.    None of the members of The Group, on this or any occasion prior, had noticed any signage from the Claimant relating to parking fees or fines – either due to non-existent or inadequate signage, or simply due to the adults’ attention being focussed on the small children and navigating the generally busy (on the occasions The Group had visited) and quite tightly packed car park.

3.3.    The [REDACTED] restaurant is located within a small shopping precinct of approximately 12 retail units, comprising of eateries, charity shops, a pet store and a veterinary surgery. The retail units surround the parking facilities in a horseshoe shape. There are approximately 70 regular parking spaces, 8 disabled spaces and 2 EV charging spaces. The site is located just off a dual carriageway ([REDACTED]). Other sites, close by, include a [REDACTED] supermarket (with its own parking), a McDonald’s (with its own parking), a Petrol Station (with its own parking) and the main [REDACTED] shopping centre (with its own ample parking, including multi-story). The only reason one would park at the [REDACTED] car park, would be if they were a patron of one of the businesses that surround it directly. Which brings into question the reason for any sort of parking enforcement.

3.4.    Both vehicles in The Group were issued with a PCN from the Claimant.

3.5.    On receipt of the PCN, the Defendant took to Google Maps to assess whether there had been signage. Indeed, on entry to the car park and sporadically around the car park, mounted high above eye-level, there was signage. However, when trying to find a parking spot or walk through a busy car park with small children, one’s eyes are not generally looking up in the air.

3.6.    The Defendant attempted to appeal the PCN, admitting the vehicle had been at the location at the time specified, rejecting the fine but offering to pay the £1.50 parking fee for the 22 minute overstay beyond the free 2 hour period. This appeal was rejected by the Claimant. No further appeal or discussion of the appeal was allowed by the Claimant.

3.7.    The Defendant elected to ignore the subsequent and numerous threating letters from the Claimant in relating to the PCN, waiting until a County Court Claim Form was received.

I was also planning to include some images of the signage, showing how high they were mounted and how small the text was etc.

Am I going into too much detail?

Do I deny #2 of the PoC (as with https://forums.moneysavingexpert.com/discussion/6576011/cel-dcb-legal-pcn-cnbc-claim-defence-assistance-required-please)? Mine states the date I was there and that I was issued a PCN but it's not clear if they mean it was issued on the date or later on.

Does paragraph #19 in the template apply? The signs in the car park were brightly coloured but up high and the text for terms or breaching them was small. The sign on entry to the car park was again up high but it was black text on white background with a blue P symbol.

Coupon-mad

Good start but you DON'T attach any evidence to a defence. That comes months later, at WS stage (see second post of the NEWBIES thread for what happens when).

Remove 3.2 and 3.3 because they add nothing and you certainly don't admit to being distracted!

Also remove ALL of this (inclusive):

"No further appeal or discussion of the appeal was allowed by the Claimant. 

3.7.    The Defendant elected to ignore the subsequent and numerous threating letters from the Claimant in relating to the PCN, waiting until a County Court Claim Form was received."

Coupon-mad

Do I deny #2 of the PoC (as with https://forums.moneysavingexpert.com/discussion/6576011/cel-dcb-legal-pcn-cnbc-claim-defence-assistance-required-please)? Mine states the date I was there and that I was issued a PCN but it's not clear if they mean it was issued on the date or later on.

No you don't because yours does NOT use the words 'issued on date' like that one did.