DCBL LOC received today

Chuck1

Hi All,

LOC dated 12th June received today from DCBL for an overstay in a Moto car park in Aug 2024. 

Timeline:

After trying and failing to retroactively pay for parking (too late apparently), I wrote back to them advising as the keeper of the vehicle, I would not confirm the driver at the time and to leave me alone. This was a letter and not online – which I know now was probably an error.

Reminder received in Oct 24

DCBL Bailiff letters received Dec (x2), January (x1) and February(x1)

DCBL Legal Reminder letter received 11th March

DCBL LOC received today, dated 12th June (*Quite a gap right?)

Strangely there was no other contact, so I collected them and kept an eye out for anything else, assuming my initial letter had done the job.

I have all the docs here EXCEPT the initial charge letter, my response and proof of postage which for the life of me, I am unable to find.

As I understand it, I am to send an email using a template from here – Can you please confirm this and the email address also.

I will NOT be paying this charge so any help please is greatly appreciated.

Thank you in advance and let me know if you need me to post any sanitised documents here

Chuck1

Btw, initial car park is CP PLUS

Chuck1

(Images removed by Forum Team)

Thanks for any help All

Car1980

I wouldn't bother. Just wait for the court claim, use the usual defence and 99% chance they'll eventually discontinue as usual.

Chuck1

Car1980 said:

I wouldn't bother. Just wait for the court claim, use the usual defence and 99% chance they'll eventually discontinue as usual.

OK thanks. Do I not need to acknowledge it all though? 

I take it the usual defense is here? 

Template defence to adapt for all parking cases with added 'admin/DRA' costs - edited in 2024

Thanks!

Chuck1

Ok Folks, AOS is uploaded and I am on my defense currently. Thanks to @Coupon-mad  for the detail and all seems fine to proceed with. 

My question is the actual defense - I overstayed my free parking at a motorway services, without realising and whilst also staying on site. Is this acceptable:

"

3. It is admitted that the Defendant and Driver parked at the Moto Donnington Services but did not realise they had overstayed the free parking time, whilst staying onsite the whole time, purchasing a drink and meal (£9.40) and briefly falling asleep. The Defendant and Driver, on receiving the first advice of a penalty tried to then pay for parking online for the overstayed time but could not do so, as the online system would not allow them to do so. At no point did it occur to the Defendant and driver that there was a stay limit on the parking site. A Recorded letter was sent to CP Plus, PO Box 1750, Northampton, NN1 9PN on the 18th August detailing the Defendant’s unwillingness to confirm the Driver as the Defendant and Driver felt it was unfair they were unable to pay, retrospectively, for the parking and was now facing a £100 charge. No response has been received on this.

"

Thanks!

Gr1pr

Defence   (  no S in the Word Defence   )

Too wordy,  if you were the keeper and driver,  add and driver,  to the end of p2

Then p3 can just say defendant,  which loses several unnecessary words

There was no penalty,  so that part is incorrect,  C P Plus do not issue Penalties 

There is repetition of the , did not realise,  part, remove the second instance 

There is no such service as Recorded Delivery,  hasn't been for a decade or two

I suggest that you reword p2 and p3

Ps, if this sounds pedantic and nit picking,  it is, because judges will have to read the defence,  especially the section regarding the POC, one Manchester judge recently struck out a defence due to some of the wording 

Chuck1

Reworded:

"

were the registered keeper and driver.

3. It is admitted that the Defendant parked at the Moto Donnington Services but did not realise they had overstayed the free parking time, whilst staying onsite the whole time, purchasing a drink and meal (£9.40) and briefly falling asleep. The Defendant, on receiving the first advice of a claim tried to then pay for parking online for the overstayed time but could not, as the online system would not allow them to do so. A letter was sent to CP Plus, PO Box 1750, Northampton, NN1 9PN  on the 18th August detailing the Defendant’s unwillingness to confirm the Driver as the Defendant felt it was unfair they were unable to pay, retrospectively, for the parking and was now facing a £100 charge. No response has been received on this.

"

I see elsewhere to include the letters received and dates etc - fine to add or unnecessary / impact on word count? Thanks.  

Gr1pr

No exhibits or evidence are submitted with the defence 

Chuck1

As a final line or is that advice on process?

Gr1pr

Chuck1 said:

As a final line or is that advice on process ?

Its advice on process

Exhibits are included with the WS in several months time 

It was a Signed For letter,  not just a stamped letter 

Your earlier picture was removed,  presumably due to personal information on show 

Post a properly redacted picture of the claim form,  after hiding your name and address on the left,  the VRM in the POC,  the claim reference number on the right,  and also the password below it