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Ignored PCN & received a Claim Form

Hello, 

In October, I parked in a Britannia Parking in Carlisle. The reason for contravention is Failed to validate Stay or Make a Valid payment. I received PCN, a letter of claim from DCB Legal and ignored all of them. It's once once I receive the claim form that I did something. 

I parked in the parking and paid for a certain amount of time (maybe 2 hours, not sure) but stayed longer. 

I have done the AoS and am currently writing up my defense, but I'm not sure what to write for my paragraph 3, this section: 

3. {if you have a DCB Legal Claim you can copy the new 'Regarding the POC...' paragraph 3 from the thread by @shahib_02 and only need to add further details as para 3.1. if you have something important to add, such as the fact you appealed and they refused to cancel, or maybe the machines or app were not working, or if you were not driving and believe the NTK was non-POFA you should add that and deny liability}. 

or 

EXPLAIN IN YOUR OWN WORDS...NB: defences are written in the THIRD person as 'the Defendant', not 'I did this' nor 'my/me' 

Say why the car was there - if you know - but don't answer to details that are not stated in the PARTICULARS OF CLAIM. If you didn't get any letters or it was years ago & you can't recall if you were driving, say that. ONLY IF TRUE. 

Could someone help me ? 

Thank you, I know you must often receive this question so thank you for any help. 

BadAssSemiColon


Comments

  • Car1980
    Car1980 Posts: 995 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    The reason for contravention is Failed to validate Stay or Make a Valid payment.
    Defend against what they say, which is the usual one line of computer code with an added pick-one-of-two.

    The car was parked and payment was made. It is unknown from the particulars what contractual breach the claimant is alleging as they are claiming either/or. "Failed to validate stay" makes no sense as paying for parking would act as validation, which occurred. Secondly, a valid payment was made as far as the Defendant is aware.
  • Car1980 said:
    The reason for contravention is Failed to validate Stay or Make a Valid payment.
    Defend against what they say, which is the usual one line of computer code with an added pick-one-of-two.

    The car was parked and payment was made. It is unknown from the particulars what contractual breach the claimant is alleging as they are claiming either/or. "Failed to validate stay" makes no sense as paying for parking would act as validation, which occurred. Secondly, a valid payment was made as far as the Defendant is aware.
    Thank you. That's very helpful. 

    Would the below paragraph be suitable for paragraph 3: 

    "The Defendant is the registered keeper of the vehicle in question. According to the Particulars of Claim, the Claimant alleges either that the Defendant failed to validate their stay. However, no specific breach is clearly identified. The term “failed to validate stay” is unclear and not defined anywhere in the claim. The Defendant asserts that payment was made for parking on Thursday, 10th October, which would constitute validation. No evidence has been provided to support the assertion of a contractual breach, nor is it clear what specific terms the Defendant is alleged to have breached. Accordingly, the Defendant disputes the claim in full."
  • Le_Kirk
    Le_Kirk Posts: 24,217 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    The Defendant is the registered keeper of the vehicle in question. According to the Particulars of Claim, the Claimant alleges either that the Defendant failed to validate their stay. However, no specific breach is clearly identified. The term “failed to validate stay” is unclear and not defined anywhere in the claim. The Defendant asserts that payment was made for parking on Thursday, 10th October, which would constitute validation. No evidence has been provided to support the assertion of a contractual breach, nor is it clear what specific terms the Defendant is alleged to have breached. Accordingly, the Defendant disputes the claim in full."
    Do you have something missing here? If you use "either" in a sentence, it has to be followed by "or".
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