DCB Legal claim form.

1505grandad

"The Defendant has parked in this car park many times while shopping at Monks Cross Shopping Centre."

Apologies  -  I am sure a very annoying pedantic (and irrelevant?) observation but the the place is stated as "Park".

There are two paras 10.

Coupon-mad

I love your pedantry and typo catches!

I think it's sorted now. 17 paras is OK because the OP must email this amended defence and must sign & date it under a statement of truth which I will also add.

makoali123

Thank you so much, it looks better than what I was likely to produce. Appreciate the advice! Will report back. 

Coupon-mad

Just to add the original PEye v Beavis transcript which might be useful to some at WS stage:

https://www.parkingcowboys.co.uk/wp-content/uploads/2014/11/Judgment_1905-OCRD_2.pdf

The interesting thing is that HHJ Maloney:

-  listed the pre-action letters in full detail;

-  relied on Parking Eye v Somerfield where it was held that a £75 PCN wasn't an unenforceable penalty but adding admin fees to bloat the sum to £135 was penal;

-  included in his rationale, the fact that £85 wasn't disproportionate to the highest possible loss that was foreseeable to arise from a breach (i.e. the costs of those letters)

- actually stated twice - at least - that the 'costs of the operation' DO include ENFORCEMENT COSTS.

There is no debate! PPCs are lying when they say "operational costs in Beavis did not mean the letter chain costs" when they know full well that's EXACTLY what it was referring to.

Thanks HHJ Maloney.