Do I have a case and have I blown my chances

lovedrivinghateparking

Hi all,  I have read several threads that are similar to this situation, but I am not sure whether I have / had any grounds to get this Euro Car Parks PCN cancelled, as there is a little twist in my case.  I would appreciate any help so I know where I stand.

July 2024 entered a ECP car park with ANPR at the entrance.  To exit you pay at the machine, when you get to the barrier it opens if you have paid.  
On this particular day, the payment machine was out of order.  I could not see anything on or around the machine to instruct / advise what to do, so I figured I would go to the barrier and press the button for help.  When i got to the barrier it was fixed in the open position.  I therefore assumed that they knew of the problem of not being able to pay and were allowing you to leave by leaving the barrier open.  That seems reasonable to me, but maybe it isn't

Here's the twist, my car was still registered at my old address the post forwarding had finisheed about a month before (i completely forgot to update my new address with thee DVLA) so the PCN's were effectively being ignored (not intentionally, but because I was unaware).  11 months later I received the demand from DB.   This was the first i knew of the PCN.  I tried to appeal it with ECP, but they said it was not possible as it had been passed on to debt collection.  Now this is where i fear I have made a mistake.  I called the DCA, who were not interested in anything other than payment.  They relentlessly kept phoning and sending threatening letters.  I ignored them all.  I have now received a letter saying they are taking to me court. 

Can someone please advisee if I still have any chance of getting this cancelled or whether i have to bite the bullet
Thanks so much in advance if you read all that

Not_A_Hope

I think you would have a very good chance of winning in court by arguing frustration of contract. Have you actually received a letter of claim giving you 30 days to pay? Don’t pay unless a judge tells you to. In the mean time read the Newbies thread and come back to the forum if you get a claim form from the court.

Car1980

You wouldn't even get to the stage of winning in court. Euro always discontinue single tickets.

What were you supposed to do anyway? You can't reverse out of a lot of car parks at the barriers anyway.

Presumably your latest letter is a Letter of Claim from DCB Legal?

lovedrivinghateparking

Thanks for the quick replies   The latest letter is from the courts with a claim form I've stood firm up until now, but now its a little more official.  I do not want a CCJ, but I also dont want to pay unless I really have to before it gets there

ChirpyChicken

You wont be paying 

lovedrivinghateparking

ChirpyChicken said:

You wont be paying 

i hope so - thanks

What is my next move?  Do I respond to the court with my defence?

ChirpyChicken

yes using the template one on here 

Umkomaas

The NEWBIES FAQ Announcement, second post (headed in red) takes you through the process. The Defence Announcement provides you with an almost-ready Defence for you to use. In addition that Announcement shows the 8 steps you need to take to see this through. 

What is the Date of Issue, shown at the top right of the claim form?  Have you Acknowledged Service (AOS), if so, on what date?

lovedrivinghateparking

Hi, Thanks again for your continued help.  the date of issue was 8th July (I have been ill this last week and not been able to do it until today). I think I'm just in time.  I have now completed stage 1

lovedrivinghateparking

Hi, im really struggling with knowing exactly how i should word my defence and which template to use.  I was following the instructions on the second post on this thread as instructed in the newbies thread:
https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1 

but then I somehow found this template on this thread which is different:
https://forums.moneysavingexpert.com/discussion/comment/81199155/#Comment_81199155 

Reading the templates, my defence appears to contradict some of the paragraphs, is that going to cause an issue or are the templates designed to cover all scenarios and irrelevant paragraphs (to my case) are ignored?

Le_Kirk

The first link you have shown is the correct one, just follow the instructions in bold in the second post just under where it states: -
THE NEXT POST IS THE TEMPLATE DEFENCE:
The second link was used for a CCJ set-aside thread.