G24 via DCB Legal | Retail Park | Payment Machines Faulty

machine_out_of_order

Details to follow. Full content was blocked as suspicious, so trying a one-liner. Please bear with me.

machine_out_of_order

Hello everyone. Thank you for all your contributions to this forum.

Sorry I can't edit my first post on this thread. This comment contains what I wanted to post.

I have received a Claim Form and would like to defend it using the template defence on this forum.

I have some questions, which I have included at the end. Like many others have said, the thought of defending my case is daunting, but I have tried to follow the detailed guidance on this forum, so please accept my apologies if I have missed something and my questions are already answered elsewhere.

My case appears very similar to that of @shahib_02, but my Particulars of Claim (POC) differ slightly, and I am not sure how to incorporate the faulty payment machines into my defence.

A timeline and summary...

* The driver (not me) parked on a retail park on 09-Dec-2019.

* There were two payment machines onsite. Both were faulty and not accepting payment. There were no alternative methods of payment.

* Unfortunately, I have no evidence of this. I wish the driver had taken a photo, but it's too late now. 

* The PCN was served within a week of the alleged date of contravention. It arrived by post, addressed to me as keeper.

* The PCN appears to be compliant with POFA, and is therefore a valid Notice to Keeper (NTK).

* When I received the PCN, I contacted the retailer by phone and asked if the ticket could be cancelled. I was told to email the Store Manager, which I did on 18-Dec-2019. I received no reply, and the store has subsequently closed down.

* After the PCN (dated 15-Dec-2019) I received a 'Final Notice' from G24, and then three letters from Debt Recovery Plus. The last of these letters was dated 22-Apr-2020. I thought the matter was closed.

* On 26-Nov-2024, I received a letter from DCBL, followed by three more letters, which I ignored.

* On 13-Mar-2025, I received a Letter of Claim from DCB Legal. I mistakenly thought this would fizzle out, as things did in 2020, and did not respond.

* On 19-Apr-2025, the Claim Form arrived.

* The Claimant is G24, represented by DCB Legal.

* The Claim Form is dated 16-Apr-2025. Date of Service is therefore 5 days after, i.e. 21-Apr-2025.

* I believe I need to send an Acknowledgement of Service (AoS) by 05-May-2025 and a defence by 19-May-2025.

My Particulars of Claim (POC)...

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) (PC) issued to vehicle XXXXXXX at XXXXXX.

2. The date of contravention is 09/12/2019 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:Failed TO Pay Your Parking Tariff At

4. In the alternative the Defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS

1. £170 being the total of the PC(s) and damages.

2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.01 until judgment or sooner payment.

3. Costs and court fees

My proposed defence is as per the template defence, with the following modifications...

3. Referring to the POC: Paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. There was no contravention. Paragraphs 3 and 4 are denied. Whilst the Defendant was the registered keeper, the Defendant is not liable and has seen no evidence of a breach of prominent terms. The quantum is hugely exaggerated (no PC can be £170 on private land) and there were no damages incurred whatsoever. The Claimant is to put strict proof of all of their allegations.

3.1. On the alleged date of contravention, the payment machines were faulty and not accepting payment. There were no alternative methods of payment.

3.2. On 18-Dec-2019, the Defendant contacted THE RETAILER by phone and spoke to A SALES ASSISTANT, explaining the situation and requesting that the PCN be cancelled. He suggested emailing the store manager, XXXXXX, which the Defendant did. The Defendant received no reply.

I have based my paragraph 3 on the example in @shahib_02's thread, with a slight change because the POC Paragraph 2 is slightly different in my case.

My questions are...

1) Am I right in thinking that my AoS is due by 05-May, and my Defence is due by 19-May?

2) Is my proposed defence reasonable, particularly with regards to the faulty payment machines? (I know you can't give legal advice on the forum, but a link to some wording that has been successfully used in the past would be welcome.)

3) The template defence Paragraph 1 says "Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the boilerplate text in the Particulars of Claim ('the POC')." Is this valid, given that my POC states that I am being pursued as driver and, in the alternative, as keeper?

4) The template defence Paragraph 2 says the POC fail to "state all facts necessary for the purpose of formulating a complete cause of action". I tried to find the quoted text in the CPR or POFA, but cannot. Could you please explain why that wording is significant?

Grateful for your help with this.

Coupon-mad

All looks good (you are correct) and please don't overthink sentences already in the template. The POC is fairly vague so leave the the template as is.

There were two payment machines onsite. Both were faulty and not accepting payment. There were no alternative methods of payment.

* Unfortunately, I have no evidence of this. I wish the driver had taken a photo, but it's too late now. 

Not your burden to prove!

DCB Legal will discontinue in 6 months or so, anyway.

machine_out_of_order

Thanks for the support.
I used MCOL to submit my Acknowledgement of Service today.
Will post updates here as things progress.

machine_out_of_order

I just submitted my defence as a pdf attachment via email, as described in Step 4 of the 12 steps on the template defence thread.

Got an auto-reply saying "Thank you for emailing the Claim Responses Team in the Civil National Business Centre. Please expect a response to your enquiry in 10 days".

I believe Step 8 will be next, when I receive the Directions Questionnaire.

Coupon-mad

Great. On track! Easy innit?!