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Defended claim - Parking Group Limited / DCB Legal

2

Comments

  • Umkomaas
    Umkomaas Posts: 44,416 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 28 January at 10:44PM

    I'm old

    Go on, give us a clue?

    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 161,712 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Shall we have a competition for who is most getting on a bit?!

    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
  • Carlingcup
    Carlingcup Posts: 37 Forumite
    Third Anniversary 10 Posts Name Dropper

    I too am a pensioner and age is just a number, it's just navigating around this site and trying to find things is challenging for me as I have a learning disability. I do however appreciate your help and assistance!

  • Carlingcup
    Carlingcup Posts: 37 Forumite
    Third Anniversary 10 Posts Name Dropper

    Hi @everyone My apologies for this late request which is due to major surgery and having just being released from hospital. I have just over 26 hours to submit my defense and wondered if someone could please check it prior to submission on MCOL shortly and provide improvement feedback please ?

    3. Save as set out below, the Defendant has little knowledge or recollection of events on the date stated. The vehicle is recognised and it is admitted that the Defendant was the registered keeper. The defendant has had no opportunity to examine any of the claimant’s evidence as there was only a letter of claim received from the claimant’s solicitor and no other correspondence whatsoever. The vehicle in question was at the location services area gaining refreshments but the defendant denies contravening any parking notices and also was not parked in a bay as there were no available spaces and the defendant did not park in any restricted areas such as yellow lines, there was no visible signage the defendant noted on entry to this service area.

    Sorry I'm not very good at this.

    Thank you in advance!

  • Le_Kirk
    Le_Kirk Posts: 26,363 Forumite
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    edited 24 February at 2:50PM

    Did you read what I wrote here: -

    28 January at 4:26PM «<LINK

    I don't think that not receiving a letter of claim or other correspondence is actually a defence against the breach pleaded, which is that you were not parked correctly within the confines of a bay. You need a good reason why you were not in a bay; were other drivers parked badly for example forcing you out of a bay? I would not be saying that "there were no available spaces" as that reads as an admittance that you were parked outside a bay. I think your best bet is what you have written about signage not being prominent or clear.

  • Carlingcup
    Carlingcup Posts: 37 Forumite
    Third Anniversary 10 Posts Name Dropper

    I did, but thought I added a line about this above. As the picture shows on page 1, all I did was drive into the service area and parked outside Greggs, grabbed a coffee then drove out, there were no spare parking spaces and also no yellow lines, signs or restrictions outside Greggs. I also did not notice a small sign on entry to these services as I was moving.

    Thanks

  • Carlingcup
    Carlingcup Posts: 37 Forumite
    Third Anniversary 10 Posts Name Dropper
    edited 24 February at 3:07PM

    As me defense seems weak, am I best just accepting my fate and paying the extortionate amount (I can't really afford) and saving me the stress of a court hearing?

    3. Save as set out below, the Defendant has little knowledge or recollection of events on the date stated. The vehicle is recognised and it is admitted that the Defendant was the registered keeper. The defendant has had no opportunity to examine any of the claimant’s evidence as there was only a letter of claim received from the claimant’s solicitor and no other correspondence whatsoever. The vehicle in question was at the location services area gaining refreshments but the defendant denies contravening any parking notices as they were not prominent, the defendant did not park in any restricted areas such as yellow lines, there was no clear signage the defendant noted when stopping at this service area.

  • Gr1pr
    Gr1pr Posts: 13,552 Forumite
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    You should only pay if a judge orders it, not before

    The chances are that DCB LEGAL will discontinue just before the hearing fee is due

    My advice ? Finalise your paragraph 3 and get it submitted on MCOL ASAP

  • Coupon-mad
    Coupon-mad Posts: 161,712 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 24 February at 8:34PM

    I think you missed my reply above.

    I repeat:

    IMG_1195.jpeg

    Nobody pays a penny.

    All discontinued before hearings. Literally put anything in your para 3; just get the defence in. Your case isn't weak. Nobody looks at your case!

    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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