DCB Legal Claim

UKteak51

HI All

Hopefully I can get a little guidance on this. I have received a CNBC claim form Euro Car Parks/ DCB for a PCN back in Oct 2022, but am unsure how to respond. 

I have completed the MCOL but not the defence and that's were I need the help do I use the standard defence template give that not he day I was in hospital, and can prove it so was not he driver but registered keeper. 

Help and guidance greatly appreciated. 

Coupon-mad

Just use the template defence which explains what to do and say if the keeper wasn't driving.

UKteak51

Thanks for the response. 

There seems to be a few versions of the defence I downloaded 2 and they are different which do I use. Is there a link to the correct defence. 

Coupon-mad

The link to the Template Defence (if you need it...always surprises me, given that the Template Defence is right there at the top of the forum as a sticky thread in its own right) is in post 2 of the NEWBIES PLEASE READ THESE FAQS FIRST thread.

UKteak51

Thanks 
I've found it and got it ready to send, but do I say in Para 2 that although I am the Registered Keeper I was not the driver. I was in hospital that day or save that until later.

Coupon-mad

Of course you say that. The Template Defence tells you to say if you weren't driving.

Gr1pr

Put  "  but not the driver " after the word Keeper , right at the end of 2

In paragraph 3, rebut the POC 

Bear in mind that not being the driver may not help you as Registered Keeper,  not if they complied with POFA 2012

Let's see your amended paragraphs,  below,  after posting a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first,  plus post the Issue date from the top right 

Ps, you dont "send"  anything,, you will be submitting it on MCOL when approved 

UKteak51

Hi Gr1pr  

Both hopefully attached.
2. The allegation(s) and heads of cost are vague and liability is denied for the sum claimed, or at all. At the very least, interest should be disallowed; the delay in bringing proceedings lies with the Claimant. This also makes retrieving material documents/evidence difficult, which is highly prejudicial. The Defendant seeks fixed costs (CPR 27.14) and a finding of unreasonable conduct and further costs (CPR 46.5). The Defendant has little recollection of events, save as set out below and to admit that they were the registered keeper but not the driver. The registered keeper was in hospital undergoing tests and treatment for cancer. The registered keeper was not the driver. He was in hospital receiving cancer treatment 

3.  Two recent persuasive appeal judgments in Civil Enforcement Limited v Chan (Ref. E7GM9W44) and Car Park Management Service Ltd v Akande (Ref. K0DP5J30) would indicate the POC fails to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction Part 16.7.5. On the 15th August 2023, in the Chan case, HHJ Murch held: 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and the Defendant rebuts the claim and trusts that the Court should strike out the extant claim, using its powers pursuant to CPR 3.4. 

Gr1pr

Paragraph 3 doesn't seem correct to me,  because the alleged breach is pleaded in the POC above 

Namely,   No valid pay and display/ permit was purchased

So IMHO scrap the above Paragraph 3 and draft a different one

UKteak51

Thanks for the advice but I have no idea what to write

Coupon-mad

You do because the Template Defence says what to say. As do any one of the hundreds of claim threads this month, if you browse around a bit for inspiration.