DCB Legal / ECP - 'No Valid Pay and Display/permit Was Purchased’

DoubleArmour

Hi. This forum has been invaluable to me so far, thank you.

Background
Over the last few weeks and months, I've been reading, researching, and learning. I'm now drafting my defence statement. I was sent a claim form which was served 28 August (see redacted photo). I've followed the steps and advice here and submitted my AOS on 10 Sep and have prepared my defence in the meantime. I would appreciate any feedback, and reassurance that I've done exactly what's needed, before I submit my defence statement to the MCOL site.

Guidance needed
I've used the template as per the second post on the 'Newbie' thread, and have done the following...

• Added '...and driver.' to the end of para 2.
• Added the following para 3 and 3.1.

3. Referring to the Particulars of Claim (POC): paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was 'issued' on '30/06/2024' (the date of the alleged visit). Whilst the Defendant is the registered keeper and driver, 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 PCN 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. The Defendant denies the allegation stated in paragraph 3 of the POC that ‘No Valid Pay and Display/permit Was Purchased’. A valid pay-and-display ticket was purchased at the terminal. Although the machine was faulty and no mobile signal or Wi-Fi was available to use alternative payment methods, now was any on-site assistance available, the Defendant persevered and successfully completed payment. This is evidenced by the Defendant’s bank statement showing the correct transaction amount for the relevant period. The vehicle was also exited within the paid-for time, which can also be evidenced. If the Claimant’s systems failed to register or retain the Defendant’s valid payment, this is a matter entirely within the Claimant’s control and responsibility. A consumer cannot be penalised for system failures; no breach of contract occurred. The charge is therefore unjustified, and the claim should be dismissed.

If the wordcount is too long for the MCOL site, I'll remove the template's para 10 to help get this within the limit.

Thanks in advance for any help and guidance.

Coupon-mad

All good except "No PCN was 'issued' on '30/06/2024' (the date of the alleged visit)" is out of date wording.

They haven't said it was issued on that date.

DoubleArmour

Coupon-mad said:

All good except "No PCN was 'issued' on '30/06/2024' (the date of the alleged visit)" is out of date wording.

They haven't said it was issued on that date.

Excellent, thank you. Would you say this is better?

3. Referring to the Particulars of Claim (POC): Paragraph 1 is denied - the Defendant is not indebted to the Claimant. Paragraph 2 is denied - no contravention occurred and the Defendant purchased a valid ticket covering the period of parking. Whilst the Defendant is the registered keeper and driver, 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 PCN 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.

Coupon-mad

Perfect. Easy innit?!

DoubleArmour

Coupon-mad said:

Perfect. Easy innit?!

A lot easier with this forum's guidance!

Silly question but when the MCOL submission form asks 'Do you dispute the claim because you have already paid it?'... is that a YES because I paid the parking fee, or a NO because I've not paid the £270.80 they're trying to claim?

Car1980

It's a no.

Le_Kirk

DoubleArmour said:

Background
Over the last few weeks and months, I've been reading, researching, and learning. I'm now drafting my defence statement. I was sent a claim form which was served 28 August (see redacted photo). I've followed the steps and advice here and submitted my AOS on 10 Sep and have prepared my defence in the meantime. I would appreciate any feedback, and reassurance that I've done exactly what's needed, before 

You have redacted the date of issue of the claim form.  What do you mean by served 28 August, was it issued on that date or did you receive it on that date or are you counting the five days after date of issue for being served?

Issue Date     Served Date    AoS Due      Defence Due

23/08/25         28/08/25          11/09/25        25/09/25

Issue Date     Served Date    AoS Due      Defence Due

28/08/25         02/09/25          16/09/25        30/09/25