NPC/DCB court claim June 2025

victim7

Dear Team of experts,

I have received the below court claim for a parking contravention that took place in October 2024.

I have done my acknowledgment online and i think i now need to email my defence by 30th July.

I would be grateful if you could have a look at my drafted paragraph 3 and give me constructive feedback.

For reference, here is a link to my original post:
https://forums.moneysavingexpert.com/discussion/6584467/got-a-bogus-pcn-need-help-and-advice-to-challenge-please#latest

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 24/10/2024, 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 length of time, the Defendant has no recollection of the day in question. The Claimant did not follow correct procedure in issuing PC, incorrect as warden has taken alleged ‘picture evidence’ from another vehicle driver seat and picture of sign is obstructed and inconclusive. No PC was handed to the Defendant. The Defendant was unaware of parking restrictions in place. 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, leading to an unawareness of any parking restrictions.

3.2 The evidence of observation is only 20 seconds. This does not give defendant enough time to read any sign and decide whether or not to stop/park in the bay. Also, location of alleged contravention is incorrect, the vehicle was on Palmer Road, Nine Elms, SW11 4FA, not Prince of Wales drive, SW8 4AA.

3.3 The Claimant’s response to appeal incomplete and inconclusive (see attached). No reason was given as to why the appeal was unsuccessful. Also, no code was given for the Defendant to make any further appeal to an independent adjudicator.

[Image removed by Forum Team]

ChirpyChicken

Wait until @Coupon-mad has updated the defence which can be logged straight on the mcol system.

Nellymoser

Image of your claim form is showing the car reg, claim no, and password. Hit report ask admin to remove the image.
Redact correctly and repost. see IMPORTANT note at top of the page 

Coupon-mad

ChirpyChicken said:

Wait until @Coupon-mad has updated the defence which can be logged straight on the mcol system.

Yep I will do the new template defence this week - shorter - as I'm about to go on holiday & am aware it is needed. 

Car1980

20 seconds? Ridiculous.

Bear in mind, for your witness statement, the driver has to park his vehicle somewhere in order to view the contract. Presumably there is a lot of small print on the sign that you would only be able to view on foot.

So there is no contract in existence until it has been read and either accepted or refused. Only at the point of acceptance, when the vehicle does not move, is there a valid contract.

Whilst £100 is a lot to many people, there is nothing to stop a wealthy Ferrari driver from parking, reading and accepting that breaching the terms is an acceptable deal. But even he will not have entered into a contract until it has been read, and he has to have left his Ferrari somewhere on the land first.

victim7

Hi all, thanks for your responses. ignore this post i have reposted with redacted details here: 

https://forums.moneysavingexpert.com/discussion/6617134/npc-dcb-court-claim-june-2025-corrected/p1?new=1