Help with Drafting paragraph 3 - Euor car -DCB

Bobcat212

Hey, 
I parked in a carpark back in 2024 without paying and stayed just over 5 mintues. It was late and my wife was also pregnant. Will the below pragraph for section three of my defence suffice? Should I admit to being the driver or not? 

"3. The Defendant admits being the registered keeper and driver of the vehicle but denies any liability. The Particulars of Claim (“PoC”) remain procedurally and substantively defective, in that they:

1. Fail to disclose a valid contract: The PoC does not demonstrate that a clear and enforceable agreement was formed, as required by Civil Procedure Rule 16.4(1)(e) and Practice Direction 16.7-5.
   
   

2. Relied on unclear signage: The alleged contravention occurred after dusk, when the existing signs were insufficiently illuminated and the wording barely legible, such that no reasonable driver could have understood the terms. .
   
   

3. Overlooked significant mitigating circumstances: On the evening in question my wife – who was heavily pregnant – urgently required assistance, leading to a genuine misunderstanding of the unclear instructions.
   
   

4. Omitted evidence of loss: The Claimant’s PoC contains only boilerplate assertions and no particulars of any actual loss or damage suffered.
   
   

Accordingly, the Defendant denies liability in full. The claim should be dismissed as both procedurally defective and legally unenforceable." 

Thank you to all of you lovely people in advance. 

Gr1pr

I would suggest that paragraph 3 should reference the relevant BPA CoP regarding the consideration period,  if the vehicle was only onsite for 5 minutes,  plus no parking contract on offer,  so no acceptance 

Coupon-mad

Remove this:

Overlooked significant mitigating circumstances: On the evening in question my wife – who was heavily pregnant – urgently required assistance, leading to a genuine misunderstanding of the unclear instructions.
Omitted evidence of loss: The Claimant’s PoC contains only boilerplate assertions and no particulars of any actual loss or damage suffered.

Everyone (hundreds of posters in the first half of 2025 alone) with a single PCN claim from DCB Legal, have easily beaten these.

DCB Legal will discontinue by the New Year.

No hearing, no costs, nowt scary.

But it is a national disgrace and a drain on Society, in terms of money and anxiety.

If you want to be part of the push to change things in future, it's very important that people like you tell the Government that:

a) you have no faith in POPLA or the IAS and that there must be the SINGLE APPEALS SERVICE that the Parking (Code of Practice) Act 2019 *almost* promised. As long as it is independent and impartial (and only ONE appeals service, not two involved in a race to the bottom) that will give a real option to resolve disputed cases out of court.

b).  THAT THE ENRICHMENT OF 'DEBT RECOVERY FEES' MUST BE COMPLETELY BANNED. DISPUTED CASES ARE NOT SOLVED BY DEMANDING MORE MONEY AND OFFERING A 'PAYMENT PLAN' THAT ONLY DUPED VICTIMS PAY. DRAS LIKE DCB LEGAL MAKE NO MONEY IF THEY HANDLE DISPUTES IN THE SPIRIT OF THE APPEALS CHARTER, WHICH IS WHY THEY ALWAYS PLOUGH ON TO COURT CLAIMS AND CCJs, RATHER THAN OFFERING REAL RESOLUTION AT PRE-ACTION STAGE.

c). Tell them about your experience and the complete and utter waste of court resources caused on a grand scale by DCB Legal,

Responses are invited to the Consultation now:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-8-weeks-from-11th-july-2025/p1

Do it this month pleeease! We will discuss it on that thread next week if you want ideas.