Defence help - Euro Car Parks/DCB Legal

annovic

Hi,

In typical ADHD fashion, I've waited until the last day to un-bury my head from the sand and need to submit defence for a parking ticket from 2022. I wanted to double check some things/ask for advice, I've read the newbie and defence thread. 

I'm in need of some help with my defence, as rather than a ticket dispute, I didn't buy a ticket at all. I have not responded to/appealed any of the debt letters, apart from submitting the AOS on MCOL within the window.

The car park is in the middle of a town, but the shop it served (and is named on the letters) was at the time permanently closed down, and was in such a state (rubbish, dirt, broken glass everywhere) I thought there's no way a parking attendant will be around here! We love technology. 

I got letters for a while after the incident, which stopped, until January which they have obviously now escalated. I didn't respond so they don't have proof that I received any - can I use that in my defence?

I'm unsure what to write in the prompt "say why the car was there, but don't answer to details not stated in the POC" - do I just say that I *did* park there? 

ChatGPT seems to think I can say the empty store and condition made it unclear that the parking arrangement was still in effect (no staff/customers, no loss or service provided, no legitimate interest - what interest is being protected if the store is shut down?). That with it being 3 years ago, the delay has seriously prejudiced my ability to recall details, surrounding signage etc. 

TIA!

Gr1pr

Stick to the barebones template defence 

No talking about the incident itself or about who was driving or about what they did or didn't do, less is more

Have a look at the recent ECP , DCB Legal defence drafts over the last 6 weeks and copy one, then adapt where necessary 

Ignore ChatGPT and its useless recommendations 

Coupon-mad

Please don't use useless ChatGPT. It doesn't even write in normal English!

annovic

I only asked it while I was waiting for my membership to be approved. Every defence thread I look at is a ticket dispute where they have actually bought a ticket (overstaying, wrong number plate etc) but I’m still stuck on what to say because I didn’t buy a ticket! 

annovic

Would anyone mind confirming if this is ok before I send? 

3. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. The Defendant does not accept that a contravention occurred on 17/03/22, as alleged.  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.

3.1 Due to the time that has passed, the Defendant has no clear recollection of the day in question. The car park appeared derelict, the associated store was shut down, and there was no obvious indication that active parking enforcement was in place.

3.2 While signage may have been present, the condition of the site gave the impression it was disused. The Defendant does not recall seeing any clear or prominent signage outlining terms and conditions or charges.

3.3 The delay of over two years in bringing this claim is unreasonable and has hindered the Defendant’s ability to fairly respond. The claim is denied in full and the Defendant requests it be dismissed.

Gr1pr

does your paragraph 2 end with..................  keeper and driver   ?

Car1980

Assuming you were driving (and I don't see any reason to keep it a secret it you were), I would just ditch 3.2 and 3.3 and just say this:

3.1 The defendant parked his car on what appeared to be disused land, adjacent to a closed down store. No signage was seen that would indicate any terms and conditions relating to parking a vehicle. No contract exists between the Claimant and Defendant.

Not paying to park cases are easier in some ways. Why wouldn't you pay the grand total of a measly quid or two if there wasn't a reason? Anyway, they'll discontinue at the eleventh hour as usual.

annovic

Car1980 said:

Assuming you were driving (and I don't see any reason to keep it a secret it you were), I would just ditch 3.2 and 3.3 and just say this:

3.1 The defendant parked his car on what appeared to be disused land, adjacent to a closed down store. No signage was seen that would indicate any terms and conditions relating to parking a vehicle. No contract exists between the Claimant and Defendant.

Not paying to park cases are easier in some ways. Why wouldn't you pay the grand total of a measly quid or two if there wasn't a reason? Anyway, they'll discontinue at the eleventh hour as usual.

Awesome thank you! Yes I put keeper & driver in p2, I grabbed p3 from another post and wasn't sure which bit applied. So I reword to this?

3. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. The Defendant does not accept that a contravention occurred on 17/03/22, as alleged.  Whilst the Defendant is the registered keeper and driver, paragraphs 3 and 4 are denied. (or is 4 N/A and I just deny 3?) 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.

3.1 The defendant parked his car on what appeared to be disused land, adjacent to a closed down store. No signage was seen that would indicate any terms and conditions relating to parking a vehicle. No contract exists between the Claimant and Defendant.

Gr1pr

Yes, your 2 , 3 and 3.1 paragraphs look OK,  slot them into the template defence replacing the current paragraphs 2 & 3 , save as a pdf and email it to claim.responses at the CNBC,  as explained in the 12 steps in the defence template thread 

annovic

Update: They declined my defence, and on the mediation call, the lowest offered settlement was £190, which I rejected. Is this a bad sign? They gave me 7 days to change my mind, and I’ve since received forms to fill out (I assume for a hearing but don’t have them in front of me). 

Gr1pr

No problem here, proceeding in the usual manner 

Your WS bundle is next,  dealing with your local nominated civil court and lawyers