PCN Court Claim DCBL

Humanoid85

Hi,

I received this claim forms this morning regarding a PCN that was issued in 2022.

I have a picture of the sign on the car park from that time which i've attached.  These signs werent changed until around 2023-24.  I think they may not be compliant.  

An email was sent to DCBL in June stating the driver details, and these details were also submitted on their website. This was ignored, so the claim is made against the keeper.

Advice on how I should go about defending the claim will be apreciated

[Image removed by Forum Team]

Gr1pr

Typical ECP DCB LEGAL claim,  overstay is pleaded , date is redacted,  but password is on show 

Post the Issue date from the top right of the claim form below 

Follow the advice in the 2nd post in the newbies sticky thread in announcements near the top of the forum 

Get the AOS done online over the weekend 

Adapt the 10 paragraph template defence by coupon mad in announcements near the top of the forum,  after studying half a dozen other similar cases on here over the last 7 weeks 

You should also be stating that the drivers details have been notified to the claimant prior to the court claim being issued , as written in Pofa2012 

But , did you inform ECP  ?

When you say DCBL , do you actually mean DCB LEGAL   ?  Not DCBL  ?  ( DCBL is not DCB LEGAL   )

Humanoid85

I've reported the thread as I can't edit it to remove the password

Humanoid85

Issue date is 9th Sept 2025.

I mean DCB Legal.  Informed DCB Legal of the driver's details.

Gr1pr

Humanoid85 said:

Issue date is 9th Sept 2025.

I mean DCB Legal.  Informed DCB Legal of the driver's details.

OK, so complete the AOS online on MCOL this weekend or next week,  to give you a defence submission deadline of 13th October 

Ideally you should have copied in ECP too , back in June 

Ensure that you use correct details going forward,  because DCBL are not involved,  only ECP via DCB Legal 

Humanoid85

Gr1pr said:

Humanoid85 said:

Issue date is 9th Sept 2025.

I mean DCB Legal.  Informed DCB Legal of the driver's details.

OK, so complete the AOS online on MCOL this weekend or next week,  to give you a defence submission deadline of 13th October 

Ideally you should have copied in ECP too , back in June 

Ensure that you use correct details going forward,  because DCBL are not involved,  only ECP via DCB Legal 

Do you know if the sign is legally correct for the time period?

Gr1pr

Depends what you mean by legally, it's an unregulated industry   !

Most signs are poor, inadequate,  too wordy,  but not illegal,  as in, no laws were broken,  so which law are you referring to   ?

Humanoid85

Does it meet the requirements to be binding in contract law?

Gr1pr

Humanoid85 said:

Does it meet the requirements to be binding in contract law?

That is for a judge to decide,  in court,  if it ever got that far 

But the £100 charge is typical, it's buried in the small print, unlike the Parking Eye example in the Beavis case,  decided at the Supreme Court a decade ago,  so possibly not compliant with Lord Dennings red hand rule

The 2 maximum stay rules and times are in large font,  so it's harder to argue when the alleged breach is an overstay on a free to park car park,  with restrictions,  car park  ( as was also true in the Barry Beavis case  )

Humanoid85

Would ECP's PCNs have been non-PoFA in June 2022?  Just thinking about the Keeper not being liable to inform on driver

Gr1pr

I would expect that they were compliant, , but your defence should put them to strict proof of compliance,  if not there already,  plus mention that they were informed about who was driving before the court claim was issued 

The POC certainly mention Pofa2012