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I've received a DCB Legal Letter of Claim

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Comments

  • Coupon-mad
    Coupon-mad Posts: 162,021 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Ok - you are right it isn't relevant - so just copy a generic para 3 responding to the allegation. As seen in any other DCB Legal claim threads you care to read.

    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
  • *_pinkspidah_*
    *_pinkspidah_* Posts: 13 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    edited 10 February at 4:05AM

    Thanks Coupon-mad, your suggestion to read the DCB Legal claim threads was just the guidance I needed.
    I've compiled (at last) what I hope is a suitable defence; can you please (for the last time, hopefully!) review and advise?

    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 does not recognise the location of the alleged contractual breach and is unsure who was driving, except to know that it was not the Defendant.

    3. The Defendant does not accept that the Claimant has complied with the statutory requirements of Schedule 4 of the Protection of Freedoms Act 2012 (POFA 2012) to establish keeper liability. The Claimant is therefore put to strict proof that a fully compliant Notice to Keeper was served in accordance with the timescales and mandatory wording prescribed by the Act. In the absence of such compliance, the Claimant is unable to transfer liability for the alleged parking charge from the driver to the registered keeper, and as such the Defendant, being the registered keeper, cannot be held liable for the sum claimed.

  • Coupon-mad
    Coupon-mad Posts: 162,021 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Yes that'll do.

    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
  • Highly appreciate you taking the time out to reply! 

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