ECP DCB Legal MCOL Claim Form DEFENCE submission - disputed Pay by Phone Transaction

m0mm4_n4nn4

Claim form issue date  31 July 2025
AoS  submitted 05/08/2025   Received by MCOL  06/08/2025
Having returned to UK I am now trawling through posts to complete the required defence form section.  I understand this is now completed, via the MCOL form, using the most recent template, editted by @Coupon-mad on 14 August 2025
The template appears gobbledgook to me but I trust I cut and paste, the majority of paragraphs ad verbatin.

a)  In paragraph 2 last sentence - The Defendant has little recollection of events, save as set out below and to admit that they were the registered keeper.  As my daughter made the disputed payment at time of alleged PC, and completed the appeals form on my behalf (in my name), she has no recollection if she named me as the driver.  Should I not mention "and driver"?  She is unable to recall any exact details of what she put in the online appeal submission (parking occurence was June 2023)

b)  Paragraph 3 - I understand I keep this as concise as possible.  (post this on my thread for clarification)

Paragraph 4 - 10 as template (cutting 10 if required to fit form)

When am I likely to have access to documents/evidence the claimant's agent will be using to submit the case.  My daughter no longer has the original NTK.  I don't want to submit a SAR to ECP too early!

Many thanks for the continued guidance and help

Coupon-mad

No SAR is needed at all.

DCB Legal claims for single PCNs from ECP are never carried all the way through to a hearing. Defending is free and even easier than appealing. You won't need to see their evidence bundle because they'll discontinue by the New Year, around the time the witness statements and their hearing fee are due. It'll all die a death.

As my daughter made the disputed payment at time of alleged PC, and completed the appeals form on my behalf (in my name), she has no recollection if she named me as the driver.

Well she clearly did, if you are the recipient of this Claim form as the named Defendant. Are you? You can add 'and driver' to the end of paragraph 2 without any issues at all because they claim will go nowhere.

Coupon-mad

Coupon-mad said:

... it is vital that the Government hear from beleaguered motorists threatened with court and CCJs:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-8-weeks-from-11th-july-2025/p1

Please please respond

Just another gentle nudge: please don't forget this! Sorry if you already have...

I know it's an extra task but it's important that the Government hears from people like you.

The link shows the two vital points to concentrate on, IMHO:

- banning 'fee' add-ons completely. The Debt Recovery Fee must be banned as it enriches PPCs and DRAs who share the spoils and make more money when they ignore disputes and press on to court without any debt resolution. Nobody should be threatened with paying more than the 'top' (still high) cap of £100 before court.

- making sure a new SINGLE appeals service replaces POPLA and the IAS which are seen as not fully independent and involved in a 'race to the bottom'.

Click through to the main thread about the Consultation, Do not be deterred by the fact that some questions are for the parking industry only.

We are currently discussing how to respond and I have provided guidance and examples of poor practice that you might wish to include with your answers.  So far I'm up to question 20 but am working on the rest, this weekend.

Please join us in doing this Consultation. This is your one chance to make a difference re the proper regulation of private parking. It closes on 5th September which is only ten days away.

m0mm4_n4nn4

Thank you - for response above.  My kids think I'm an eejit when it comes to anything to do with phones and apps so always try n take over!!! 
I had a brief look at the consultation papers a couple of days ago and will get onto it as soon as tyis defence is submitted

m0mm4_n4nn4

Proposed paragraph 3.  Have tried to keep as concise as possible. Do I need to mention 

a)appeal refused     b) no response from landowner (large investment/development company)  c)being elderly

3.  Following a short, unintentional overstay, the defendant gave a relative £1 to pay for an additional hour.  No operative pay and display machines were on site.  Pay by phone transaction was made by same relative, for an additional hour as the defendant did not have the required apps on their phone. A message was received, by relative, stating “no charge payable” or words to that effect. 

Thanks 

Coupon-mad

Change:

"Following a short, unintentional overstay, the defendant gave a relative..."

to

The Defendant had parked at the site and wished to extend their stay. Being elderly and often finding themselves digitally excluded in car parks that use apps, the Defendant gave a relative

You can also tack on the end that the Defendant disputed the charge but ... blah blah

m0mm4_n4nn4

Slight re-jiig following above comments 

The Defendant had parked at the site and wished to extend their stay. Being elderly and often finding themselves digitally excluded in car parks that use apps, the defendant gave an accompanying relative, £1 to pay for the additional hour to cover the excess of 25 minutes.  No operative pay and display machines were on site.  A pay by phone transaction was made by relative. A message was received stating “no charge payable” or wording to that effect.  Rejection notice received, by defendant, following an online appeal submission, disputing the charge.  

Is there anything else left which I should say in regard to any possible grace period, confusion, time entering and leaving car park or woud this come, if ever received, the WS

Regards

Gr1pr

Leave the detailed stories for your WS next year, which is why it is called that !  The defence must be clear but concise,  as shown by your proposal draft