PARKING CHARGE - DCB LEGAL

HML2025

Hi all,

I'll no doubt post this in the wrong place and I'm sure you're all sick of seeing so many (almost) identical posts. 

I've received this claim form. For months I have genuinely thought the letters received were a mistake. The vehicle registration wasn't familiar to me. Turns out I got one of my staff a company car through my business in 2018 and it was that car and them who parked the car. 

I've spoken to the staff member who is still with us and they're willing to pay the fine, but what can I do to dispute the amount now being requested? And given that it's over five years old, is the claimant still legally allowed to pursue this parking charge? 

I've attached a screenshot of the Claim Form.

Apologies for burdening you with another of these but I genuinely don't know where to start with this. (Image removed by Forum Team)

Gr1pr

Report your picture for deletion,  ASAP 

Too much private information showing 

The claim reference 
The password 
The vrm details 

Are all on show

G24, DCB Legal,  April 24th is the claim form issue date 

Do your AOS online on MCOL in 2 days time 

Adapt the template defence in announcements near the top of the forum by coupon mad 

Also look at other threads like this one below 

https://forums.moneysavingexpert.com/discussion/6603884/dcbl-claim-form-defence-help#latest

There was no fine,  just an invoice from G24

You were NOT the driver 

Only the person named on the claim form can defend it as a Litigant in Person 

Coupon-mad

You don't pay it, LOL!  No way. Neither you nor your staff pay scam invoices.

The company - the named defendant is a company, yes? - just defends it using the Template Defence (VERY VERY VERY EASY ADMIN) and DCB Legal will likely discontinue at WS & evidence stage.

Here's a redacted copy. Same as the dozens of other G24 ones right now!

The driver DOES NOT do the defence in their name. It's not their claim. Would have been if you'd transferred liability years ago but not possible now.

Cinch to see off though:

HML2025

Thank you for replying, guys, and apologies for not redacting all private information relating to the claim. 

I can't lie, I've found all the abbreviations confusing and overwhelming to the point I considered just paying this 'invoice'. 

I've since made a little progress; I've been onto the MCOL and completed the AOL. I've chosen to contest the full amount. 

Would someone be extremely kind enough to link the template I should be using here? It's been over 20yrs since I used any forums and I'm struggling to find a lot of the pages you guys refer to in this thread and other threads. 

By the way, turns out I didn't get the lease car through my business. I got it in my personal name and address for my dad. My dad still works for my company, but I can't believe I was stupid enough to get the car in my own name and not in my company name. My dad is currently at end of life with terminal cancer, and he's 80. So I don't want to burden him with any of this. Honestly it's the last thing I need but I refuse to bow down to these greedy corporations. 

I'd be extremely grateful if someone could pin point the template I should use and tell me when I should submit my defence? I assume I now have 28 days as of today?

Thank you in advance.

HML2025

I've found the NEWBIES thread. I'll check it out now and see if I'm able to grasp what is required ;-)

Coupon-mad

HML2025 said:

I've found the NEWBIES thread. I'll check it out now and see if I'm able to grasp what is required ;-)

You can!

You're merely using the Template Defence. It's another sticky thread. So simple.

HML2025

Hey Coupon-mad,

Thanks for your continued support on this. For clarity, am I to copy the entire defence template from the link below, starting with IN THE COUNTY COURT at the top of the document and ending with the signature and date at the bottom? Obviously changing certain information throughout the document accordingly? And then once done, print, sign, convert to PDF and submit via MCOL?



https://forums.moneysavingexpert.com/discussion/6108153/template-defence-to-adapt-for-all-parking-cases-with-added-admin-dra-costs-edited-in-2024#latest

HML2025

Sorry, one more thing............ What is this? Is this something else that should be completed as part of the defence?



Copy of @Coupon-mad updated WS in RTF format for easy editing:

dropbox.com/scl/fi/i1u2vudfmb4xgyksxf6fd/Aug2023WS.rtf?rlkey=bfedahtd4lw4pqth2cncrrpli&dl=0

Coupon-mad

HML2025 said:

Hey Coupon-mad,

Thanks for your continued support on this. For clarity, am I to copy the entire defence template from the link below, starting with IN THE COUNTY COURT at the top of the document and ending with the signature and date at the bottom? Obviously changing certain information throughout the document accordingly? And then once done, print, sign, convert to PDF and submit via MCOL?

https://forums.moneysavingexpert.com/discussion/6108153/template-defence-to-adapt-for-all-parking-cases-with-added-admin-dra-costs-edited-in-2024#latest

Of course, like it says.

No need to check. And please DON'T show us the whole template for critique but we don't mind reviewing your facts paragraph 3.

I don't understand your other question but I am always surprised people have any! We literally give you all the defence words and the email to send it to.

All posters have to do is add their details, a facts paragraph & sign & date it. There is nothing to check...

...You realise (to avoid asking us here) you could also search the forum and read other threads exactly like yours with the exact same POC and defence?

Forum search words could be:

G24 defence unauthorised parking

Change to NEWEST and read only the G24 DCB Legal results. This defence has already been done by other new posters umpteen times in April alone. Spare us endless Groundhog Days please! 

HML2025

The only changes I've made are as follows

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 appear 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 but it is denied that the Defendant was the registered keeper, nor were they the driver at the time of the alleged offence.

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 25/03/2020". The Defendant was not the driver of the vehicle, 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.

(i) The vehicle in question (registration SM68WHB) was a lease vehicle, leased by the defendant on behalf of his father, who was an employee of the family business. The vehicle in question was never driven by the defendant.

Is it too much that I advise who the driver was, as set out in paragraph 3 (i)? It is the truth. 

Gr1pr

No offence was committed,  just an alleged breach of the parking contract on that private property,  sometimes described as a contravention 

I would compact the last sentence , changing it to on behalf of  an employee of the business 

The POC does not mention the word issued,  it mentions contravention,  so that section needs editing too