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DCB legal Claim on behalf of Civil Enforcement

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Comments

  • 1505grandad
    1505grandad Posts: 3,937 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Also the PoC state that the dates are the "contravention" date  -  not parking charge issued.
  • Gr1pr
    Gr1pr Posts: 9,755 Forumite
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    edited 16 September at 12:14PM

    My issue date is 02/09/2025 so I have a good couple of weeks to prepare
    So your defence submission deadline is 4pm on Monday 6th October 
  • Le_Kirk
    Le_Kirk Posts: 24,865 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I have called CNBC and told them of my error. They have noted it on file and said proceed with full defence.

    My issue date is 02/09/2025 so I have a good couple of weeks to prepare
    With an issue date of 02/09/25 and having completed the AoS in a timely manner
    your defence deadline date is 4.00 p.m. on 06/10/25
  • Coupon-mad
    Coupon-mad Posts: 154,618 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    This tells us you used an old example:

    "No PCN was issued on 26/07/2024."

    Read the newer DCB Legal ones linked in page 14 of the Public Consultation thread. 
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Golfman123
    Golfman123 Posts: 10 Forumite
    First Post
    I will read up on that now thanks

  • Golfman123
    Golfman123 Posts: 10 Forumite
    First Post
    edited 20 September at 1:59PM
    I have had a read and added the extra paragraph regarding POFA, even though its civil enforcement the POC  is the same chapter 4 as smart parking cases from DCB. Let me know what you think. Thanks 

    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 26/07/2024 and 28/07/2024, 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 PCNs can be £170 on private land) and there were no damages incurred whatsoever. The Claimant is put to strict proof of all of their allegations.


    3.1 There is no signage to the entrance of this car park. The signage which states 'customers wishing to stay longer must obtain a parking permit using touch screen inside the restaurant'. Was ambiguous at best, and was void for impossibility. However, the sign was also not prominent and the Defendant only found it when returning to take photos when pursued unfairly. They did not see it on the material date, so the Defendant did not know of the alleged contract and did not agree to pay a parking charge.


    4. Further, regarding the Particulars of Claim paragraph 4. This Claimant has never used the POFA 2012 and has never been able to hold registered keepers liable. This is important because the solicitor signatory of the statement of truth on this claim is knowingly or negligently misleading the court by citing that law. Despite tens of thousands of boilerplate claims from DCB Legal causing inflated default CCJs this year - as they have reportedly filed a 'job lot' of template bulk claims for this Claimant, all repeating the untruth about the POFA 2012 - Civil Enforcement has no cause of action against any registered keeper.

  • 1505grandad
    1505grandad Posts: 3,937 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    From op  -  " I admitted to being the driver at the time."

    States in the Defence draft  -  " They did not see it on the material date, so the Defendant did not know of the alleged contract and did not agree to pay a parking charge."

    So you are admitting being the driver  -  therefore the POFA is not relevant.


  • Golfman123
    Golfman123 Posts: 10 Forumite
    First Post
    edited 20 September at 4:57PM
    I did think that, but if they are blatantly lying on a legal claim stating it, is it not still a point of contention
  • Coupon-mad
    Coupon-mad Posts: 154,618 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It won't hurt to include it because they'll discontinue in 2026 anyway.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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