DCBL Parking Defence

StrangeRequest5

Good Afternoon All,

First of all - thanks to all who help others.. this forum has been a major help.

I have sent off the AOS.. I am currently drafting a defence (I've took some parts from other threads and will of couse use all the paragraphs and layout from the defence template).

The main defence is around 1. Signage being inadquate, 2. We were customers of the pub where the fine took place, 3. It was a long time ago in 2022 so I can't be sure who was driving.. I also did attempt to appeal however I had no response.. chased them and they sent me an email that I was apparently sent but I had DEFINITELY not received it..

"""3. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Whilst the Defendant is the registered keeper, 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 as the Defendant was a customer.

3.1 Due to the length of time, the Defendant has very little recollection of the day in question apart from video evidence. The Defendant was unaware of parking restrictions in place for customers. The Defendant had not noticed any ‘Prominent’ signage close to where the vehicle was parked, showing the terms and conditions for use. The small signage was not suitable to alert a motorist pulling off a busy road, leading to a lack of awareness of any parking restrictions. This has proven to have been a consistent battle for ------- pub itself due to constant issues with regular customers, extremely poor signage from Smart Parking Limited and the parking machine reliability despite being inside of the premises. The Defendant has noted in in early 2023 “-------- Pub” had to request new signage from Smart Parking due to ongoing issues and their facebook shows they were regularly having to cancel parking fines for customers. The —---- Pub posted on facebook (July 29th 2024) stating they had raised a query with the car parking company for all still outstanding parking fines to be cancelled.

3.2 The Defendant did attempt to appeal the PCN at the time but received no response, when the Defendant chased Smart Parking and DCBL Limited they were advised an email response was sent however no response was received to the defendant’s email. The appeal was based around the faulty machine, the only clear identification of any parking rules within the pub car park - the pub staff had advised the defendant to ignore the parking machine as it was currently out of service which was a common occurrence.

3.3  The Defendant has video evidence of being inside of the —---- Pub on the —---- whilst playing pool, confirming that the Defendant was a customer and not to be held accountable for the parking fine."""

Thoughts? Maybe too much information in 3.1 and maybe 3.2 and 3.3 are irrelevant?

Thanks in advance!

Gr1pr

Possibly too much info 

Cant see your paragraph 2 ending 

Definitely not a fine, just a pcn invoice,  so never write the F word in these cases,  only magistrates issue fines,  not private parking companies 

Coupon-mad

I think it's OK but:

1. Do not admit to driving, in fact (as long as you never appealed or replied, admitting to driving) add a paragraph pointing out that the Claimant has never used the POFA 2012 and has never been able to hold registered keepers liable, so the solicitor signatory of the statement of truth on this claim is misleading the court by citing that law.  

2. remove the words I've put in bold which reads like the regulars were the problem!

This has proven to have been a consistent battle for ------- pub itself due to constant issues with regular customers, extremely poor signage from Smart Parking Limited and the parking machine reliability despite being inside of the premises. The Defendant has noted in in early 2023 “-------- Pub” had to request new signage from Smart Parking due to ongoing issues and their facebook shows they were regularly having to cancel parking fines for customers. The —---- Pub posted on facebook (July 29th 2024) stating they had raised a query with the car parking company for all still outstanding parking fines to be cancelled.

Please show us the Particulars of claim.

Could you pm me the name of the pub and news articles, the Facebook link / any contact details as I want to list some beleaguered landowners to contact in the Summer to encourage them to reply to the government's upcoming Public Consultation. Landowner's' voices will be vital.

Coupon-mad

You are not alone:

https://forums.moneysavingexpert.com/discussion/6609963/n1sdt-from-dcb-legal

https://forums.moneysavingexpert.com/discussion/6610041/conditions-of-ccj-staying-my-record

https://forums.moneysavingexpert.com/discussion/6609879/smart-parking-dcb-claim