DCB Legal pursuing through County Court

SarahBDE

Hi all,
I received a PCN from ParkingEYE after allegedly parking in a hotel car park in May 2022. At the time, I sent a rebuttal letter to Parking Eye. 3 years on and a barrage of letters from ParkingEYE and DCB Legal later, they have now issued a claim against me through the county court. 
Most recent timeline: 
14.02.25: Letter from DCB Legal threatening court action
13.03.25: My response, taking their letter as Letter before Action under Practice Direction "Pre Action Conduct":

In accordance with Practice Direction - Pre Action Conduct Section 7.1 (2) (as detailed in Annex A – Section 4.1) – I absolutely and categorically deny any in-debtedness to your client and as such put your client to the Strictest of Proof, the reasons being:

i)  I have never entered into any Legal Agreement or Contract with your client.

ii) The legal basis of your client’s charge is unclear (i.e. breach, trespass or contractual fee). As keeper, I cannot be expected to guess the basis of your client’s allegations.

iii) I also, neither accept nor acknowledge the assertion that your client has been Legally Assigned any rights by the landowner to offer contracts to drivers at this site to bring a claim in their own right for this particular contravention.

Documentation Requested under Practice Direction - Pre Action Conduct
Annex A Section 4.2 (7) - Request for Further Relevant Information / Documentation

Therefore, under the provisions of Practice Direction - Pre Action Conduct - Annex A Section 4.2 (7) I request the following documentary proof of your Clients assertions of a Legal Obligation, to be provided to me within 40 days of the post marked date of this letter.

i) A copy of the entry in the Land Registry which shows Parkingeye Ltd as the land owner.

ii) In the absence of (i) a legally binding, unredacted contract signed and dated by the landowner of the car park, which expressly allows Parkingeye Ltd to issue a parking charge in their own name

iii) In the absence of (i) a legally binding, unredacted contract signed and dated by the landowner of the car park which expressly allows Parkingeye Ltd to issue proceedings in a civil court in their own name.

iv) In the absence of (i) (ii) and (iii) proof of your client’s locus standi to bring an action in the Civil Court, specifically at this site by way of Legal Assignment of the rights and benefits of the site (land) from the landowner (assignor) to your client (assignee)

v) A copy of the dated calibration certificate which proves that the time/date stamp on the ANPR system is accurate to within 5 seconds.

 vi) A full itemised breakdown of your clients Genuine Pre-Estimate of loss incurred, specifically due to the vehicle remaining in a space in a FREE car park.

vii) If your client is claiming trespass then I ask you to prove damage the vehicle caused by it being there.

 

viii) If your client is alleging 'contractual fee' I request a copy of the VAT invoice sent to me and your explanation of how your client can allow drivers to park 'in breach' for a fee when they would have originally been contracted by the landowner to disallow and deter - not allow and profit from - unauthorised parking. I contend this charge is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014 Appeal).

ix) I also require, all photos of the vehicle and photo of me driving.


Should proceedings commence against me and your client fail to provide each and every document requested, I will make an N244 Application to the Court to Stay your Clients claim until the request is complied with and request the Court impose Sanctions against yourself and your client for failure to adhere to the provisions of the above-mentioned Practice Direction. Also please be aware, each document listed is required to provide legal proof of your client’s contention of a legal indebtedness towards them and again, should your client fail to produce said documentation and Proceedings Commence against me, as a part of my defence I will re-request production of each and every document under CPR 31.1 (2).


18.03.25: Claim issued, which I acknowledged via moneyclaim.gov.uk and sent Civil Procedure Rules Part 31.14 Request on 24.03.25
"You should treat this letter as a request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document mentioned in your Particulars of Claim:

1.     A copy of the entry in the Land Registry which shows PARKINGEYE LTD as the land owner.

2.     A legally binding, unredacted contract signed and dated by the landowner of the car park, which expressly allows PARKINGEYE LTD to issue a parking charge in your own name.

3.     A legally binding, unredacted contract signed and dated by the landowner of the car park, which expressly allows PARKINGEYE LTD to issue proceedings in a civil court in your name.

4.     A copy of the dated calibration certificate which proves that the time/date stamp on the ANPR system is accurate to within 5 seconds.

5.     A full itemised breakdown of your Genuine Pre-Estimate of loss incurred by PARKINGEYE LTD specifically due to the vehicle remaining in a space in a FREE car park.

6.     And if you are using trespass then I ask you to prove damage the vehicle caused by it been there.

7.     I also require, all photos of the vehicle and photo of me driving.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence has allowed under CPR 15.5 so I may notify the court."

I received no reply and submitted my defence as follows: 

1. It is admitted that Defendant was the owner of vehicle [redacted]
2. The Defendant is unable to admit or deny the precise times she
was parked in [redacted] carpark as she has no
recollection of this. The Claimant is put to proof of the same.
3. It is admitted that the Defendant parked in [redacted] carpark at the times mentioned in the Particulars.
4. It is denied that the Claimant entered into a contract with the
Defendant. As held by the Upper Tax Tribunal in Vehicle Control
Services Limited v HMRC [2012] UKUT 129 (TCC), any contract
requires offer and acceptance. The Claimant was simply contracted
by the landowner to provide car-park management services and is
not capable of entering into a contract with the Defendant on its
own account, as the carpark is owned by and the terms of entry set
by the landowner. Accordingly, it is denied that the Claimant has
authority to bring this claim. The proper Claimant is the
landowner.
5. If there was a contract, it is denied that the penalty charge
is incorporated into the contract. As per Thornton v Shoe Lane
Parking [1971] 2 QB 163, the relevant term must be made known
before a contract was formed. Here, the charge was not
incorporated into the contract because it was not clear that the
parking charges apply to paying guests of the hotel as well.
6. Alternatively, even if there was a contract, the provision
requiring payment of £170 is an unenforceable penalty clause.
Following Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915]
AC 847, clauses designed to punish a party for breach of contract
may only be upheld if they represent a genuine pre-estimate of
loss. The provision is a penalty and not a genuine pre-estimate of
loss for the following reasons: (a) as the Claimant is not the
landowner and suffers no loss whatsoever as a result of a parking
overstay; (b) the amount claimed is evidently disproportionate to
any loss suffered by the Claimant; (c) the penalty bears no
relation to the circumstances because it remains the same no
matter whether a motorist overstays by ten seconds or ten years;
and (d) the clause is specifically expressed to be a penalty on
the Claimant's signs.
7. Further and alternatively, the provision requiring payment of
£170 is unenforceable as an unfair term contrary to Regulation 5
of The Unfair Terms in Consumer Contracts Regulations 1999. This
is a term which falls within Schedule 1, paragraph (e) of the
Regulations being a term 'requiring any consumer who fails to
fulfil his obligation to pay a disproportionately high sum in
compensation'. The term was not individually negotiated and causes
a significant imbalance in the parties' respective rights and
obligations, because the charge is heavily disproportionate in
respect of a short overstay and is imposed even where consumers
are legitimately using the carpark for its designated purpose.
8. Save as expressly mentioned above, the Particulars of Claim is
denied in its entirety. It is denied that the Claimant is entitled
to the relief claimed or any relief at all.

NOW: I have received a "Notice of Proposed Allocation to the Small Claims Track". Admittedly, I am !!!!!! myself. I have never had issues with the law, never seen the inside of a court and feel worn down by a barrage of harassing letters over the last 3 years. I am unsure how to proceed and have only until 30 June to complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office. While I have all of the recent letters and proof of postage, I moved at the end of 2023 and am not sure if I still have the initial proof of postage from my rebuttal letter. I'd be ever so grateful for input on what I should do now. Should I risk this going to court? What chances do I have, realistically, of winning? 

Thanks so much!

Gr1pr

Its only going to court if DCB LEGAL pay your local civil court £27 for a hearing, on behalf of their client,  Parking Eye,  otherwise its not   ( plenty of Discontinuance cases on here in the thread by Umkomaas   )

Its only about the money,  perhaps £212, nothing else is in play here,  just a couple of hundred pounds in a civil dispute 

Evidence isn't needed yet 

Download the N180 pdf form from the government website and fill it in, email it as an attachment to the DQ email address at the CNBC  ( no posting it  )

Study the 12 steps in the defence template thread in announcements near the top of the forum by coupon mad,  see where you are at, halfway through 

Nb, there is no court yet, because you haven't filed your DQ with the CNBC yet, so you are currently dealing with a civil service office,  centralised in Northampton . Dealing with your local civil court comes in a few months time 

Get the DQ emailed,  then study other cases in the discontinuations thread by Umkomaas 

SarahBDE

Gr1pr said:

Study the 12 steps in the defence template thread in announcements near the top of the forum by coupon mad,  see where you are at, halfway through 

I am new to the forum and the process used here. First thing I notice is that it is suggested to email the Defence, not submit it via MCOL, which is what I did. I was also previously advised to NOT opt for mediation, as my whole defence is that they have no right to make a claim against me, while opting for mediation is acknowledging that they do? So far I have received advise in a Facebook group which provided me with the template for the responses I have shared. Considering the defence I have submitted, should I go with or skip mediation? 

Looking at the discontinued claims thread, I am shocked by their perversion of the justice system and how they are allowed to continue to do this! Why is there not an end put to this when the courts surely have more pressing matters? This is outrageous. 

Umkomaas

or skip mediation

Mediation is now mandatory. Take the call, tell them you owe nothing and will offer nothing, mediator ends the call. Pretty easy.

then study other cases in the discontinuations thread by Umkomaas

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Gr1pr

SarahBDE said:

Gr1pr said:

Study the 12 steps in the defence template thread in announcements near the top of the forum by coupon mad,  see where you are at, halfway through 

I am new to the forum and the process used here. First thing I notice is that it is suggested to email the Defence, not submit it via MCOL, which is what I did.

I was also previously advised to NOT opt for mediation, as my whole defence is that they have no right to make a claim against me, while opting for mediation is acknowledging that they do?

So far I have received advise in a Facebook group which provided me with the template for the responses I have shared. Considering the defence I have submitted, should I go with or skip mediation? 

Looking at the discontinued claims thread, I am shocked by their perversion of the justice system and how they are allowed to continue to do this! Why is there not an end put to this when the courts surely have more pressing matters? This is ououtrageous.

Many people are new to this, we are not so will help you through the process 

Email was good, no problem there

Ditto with the N180, email that too,  but mediation has been compulsory for about a year, you dont get the choice,  so that advice about saying no is defunct,  no longer a valid option 

Fill in the N180 DQ pdf document   ( download it   )  according to the instructions in the 2nd post in the newbies sticky thread in announcements,  plus as described in the 12 steps in the defence template thread in announcements 

There has been a push to regulate the industry for almost 10 years, with the Private Parking Bill 2019 passed in parliament,  currently it's being finalised with s new code of practice by the MHCLG,  so work is progressing,  but slowly  ( you can always complain about it to your local MP   !  )

SarahBDE

I saw in one of the threads that I can contact the land owner at any point throughout the process to appeal to their power. I have emailed the manager of the hotel who informed me that there was nothing they can do. As ParkingEye is contracted by them, it is out of their hands what happens, especially once a court claim is filed. 
My main concern now is that the manager confirmed a contract to be in place when a vital part of my defence was for ParkingEye to prove they are contractually engaged and have the right to pursue me. I worry I have shot myself in the foot with emailing the manager and getting written confirmation of a contract being in place. What are everyone's thoughts and how do I need to change my defence in the unlikely event that this case does make it to court? 

Gr1pr

You cannot change your defence 

Your case should progress in the usual manner 

Umkomaas

The manager won't be contacting PE about your email. He'll be far too busy running his hotel, and 'tipping off PE' won't be anywhere near his agenda! 

You can't change your Defence, but if you've put PE to strict proof they have a landowner contract, let them show it. If they fail to do that (for whatever reason), that will go in your favour. But, as it's being fronted by DCB Legal, there is so much evidence to be confident that as long as you follow the court process, in conjunction with advice on this forum, your case will be going nowhere near a court hearing. Stay strong, jump the hurdles as they present themselves.

Car1980

Back up.

Show us the claim form.

You're obsessing over the landowner contract. 95% of the time it's kosher.

The business model is to make a claim based on contract law but refuse to provide the wording of the contract or even go into any detail what any breach might be. When you're churning out 300 claims a week, you can't waste any time and profit by doing it legitimately when you intend to discontinue 99% of them.

It just enables you to flag unreasonable behaviour in your defence or witness statement and gives some ammunition for applying for costs after a late discontinuance.

Half the time the discontinuance comes after you've done your witness statement annoyingly. 

Sometimes they'll pay the £27 hearing fee just so you think it's going to go all the way and then discontinue literally 3 days before. I don't know if that's when DCB have a particularly stubborn client, or they have some arrangement to play chicken right up until the wire, but I digress.

Read the template defence and start formulating your witness statement. You could do with shoehorning some of the points in there into your statement because you went off piste with your defence. First person for the WS, third person for your defence remember.

But show us the actual claim form. And relax. Parking Eye tend to do claims in-house instead of through DCB if they intend to take it to a hearing   🙂

Car1980

I have emailed the manager of the hotel who informed me that there was nothing they can do.

By the way, no harm in contacting again. Not with the intention of them cancelling it (too late now even if they tried), but to elicit a sympathetic email that confirms you are in the right, or they would cancel but aren't allowed to, or some sort of indication that the landowner is on your side rather than the parking company. If you can, it's just something to pop into the Witness Statement.