PCN Euro Car Parks - Failure to Display Ticket

fluffybichon

Hi,

Please could somebody help me? I've spent hours reading the NEWBIES Threads, Template Defences, FAQs etc..  tbh, it's mind boggling! I had PCN from DCB Legal gor not displaying the correct pay and display ticket. 

I think I've followed the advice correctly. I lodged AOS via MCOL. I've used the Template Defence, inserted Para. 3 from Shahid_02, inserted my own defence wording, then inserted Paras 4-30.

I've had a bleed on the brain/stroke so I've struggled to follow the advice.. I'd be really grateful if someone could check my defence please? POC are as follows:

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

2. The date of contravention is 19/01/2024 and the D was issued with PC(s) by the Claimant.

3. The Defendant is pursued as the driver of the vehicle for breach h of the terms on the signs (the contract). Reason: NO valid Pay And Display/Permit was purchased.

4. In the alternative, the Defendant is pursued  as the keeper  pursuan6to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS 
1. £170 being the total sum of 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 aata daily rate of £.04 until judgement or sooner payment. Costs and Court Fees.

My individual defence inserted in to the Template Defence is as follows:

...3.1. The Defendant appealed alleged fine and DCB Legal refused to cancel it. The amount being claimed has increased by a hugely exaggerated amount,  which the Government called 'extorting money from motorists'.

3.2. Reasons for disputing the claim are the Defendant honestly believed they had purchased a ticket and displayed a car parking receipt. 

3.3. The Defendant wasn't wearing their glasses so could not read the small print on the ticket. The machine issued the Defendant with a receipt, which was clearly displayed. 

3.4. The Euro Car Park Attendant stated that there had been issues with the machine and that it was "okay to display the receipt". The Defendant clearly displayed the receipt as they were advised to do so by car park attendant.

Do you think this is sufficient enough for a defence coupled with the Template Defence? Any advice would most gratefully be received 🙏  Thanks in advance.

Gr1pr

You should use the template defence,  not the Shahib_02 defence,  because their POC said issued but yours says Contravention,  so that part of the Shahib_02 defence does not apply for any claim in the last 4 weeks   ( dcb legal changed the wording recently   )

There was no fine,  it was a Parking Charge Notice,  a PCN,  so words need changing 

Dont incriminate yourself either,  especially if its a machine fault 

Post the issue date from the top right of the claim form,  plus post the AOS completed date too

You seem to have done very well so far

fluffybichon

Thanks so much Gr1pr. I really appreciate your advice and will make the necessary changes. Thanks again.