DCB LEGAL, UKPC Parking Charge for Motorcycle, Defended

Gr1pr

Ignore their flawed maths, meaning that the real amount in play is less than £200, if you follow our advice, but actually you will pay £zero at the end, if you stick to the tried and tested system on here

Yes its interest, notional interest

Follow the 8 steps in the defence template thread in announcements

Use the template defence, after completing the AOS stage online on MCOL first

Coupon-mad

Clearly they aren't representing you!

We already told you that they would add £50 legal costs (theirs). Nothing new or different. See the Template Defence thread.

1505grandad

You have left the password in the highlighted box titled "Important notice"

patient_dream

And do remember that DCBL are misleading you and the court

"DAMAGES" … there are NO damages, it is a FAKE amount

As it's a rubbish UKPC claim, vvey doubt it will end up in court and DCBL will discontinue

Do expect DCBL to contact you offering a discount which you IGNORE. If it goes to phone mediation, you offer NOTHING.

Then DCBL will understand that they have a FAKE claim which will disturb a judge

Le_Kirk

With an issue date of 17/07/26 and providing you complete(d) the AoS before or on 05/08/26 your defence deadline date is 4.00 p.m. on 19/08/26

Rocketss

Thanks very much for all your replies again, guys! I really appreciate it.

I'm on it !

Rocketss

Hi, sorry, like I mentioned English is not my first language and so this type of read, with legal terminology, fries my brain.

I've read everything in the template defence thread, a few times to understand it, and also found threads with defence examples, but they all seem to have different circumstances to mine. In my case UKPC have provided a photo proof, I'm admitting I was the driver, there are signs there, which I didn't see and a designated parking for motorcycles, which again I didn't see. My bike was left at the spot UKPC has photographed it in for a few minutes then moved to a car bay.

I see people using a lot of terminology in their defences, which I do not understand, such as:

With regards to the POC in question, two recent persuasive appeal judgments in Civil Enforcement Limited v Chan (Ref. E7GM9W44) and Car Park Management Service Ltd v Akande (Ref. K0DP5J30) would indicate the POC fails to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction Part 16.7.5. On the 15th August 2023, in the Chan case, HHJ Murch held: 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and the Defendant trusts that the Court should strike out the extant claim, using its powers pursuant to CPR 3.4. The second recent persuasive appeal judgment also held that typical private parking case POC (like this) fail to comply with Part 16. On the 10 May 2024, in CPMS v Akande, HHJ Evans held: 'Particulars of Claim have to set out the basic facts upon which a party relies in order to prove his or her claim'."

I would like to know if I could, in plain English, write my paragraph 3 for my defence, and in how much detail I should go? Also, should I include the fact I didn't receive their initial letter within 14 days of when I had parked there, or is this something I should keep for a potential hearing?

If I need my paragraph 3 to be written in similar manner to the example above, could someone point me to a thread I could copy one that is a bit closer to my circumstances, please?

Also in a few threads I've seen people being adviced to leave paragraph 10 out and keep it for WS stage. Could somebody clarify what WS is, please?

Many thanks!

Rocketss

Just as I posted my last comment, I found this:

To form a contract, there must be a prominent offer, acceptance, and valuable consideration. It is neither admitted nor denied that the driver breached any term. Section 71 of the Consumer Rights Act 2015 (‘the CRA’) creates a statutory duty upon Courts to consider the test of fairness. The CRA introduced new requirements for prominence of terms and 'consumer notices'. Pursuant to s62 and paying regard to examples 6, 10, 14 & 18 of Sch2 and the duties of fair/open dealing and good faith, the Defendant avers that this Claimant generally uses unclear and unfair terms/notices. On the limited information available, this case appears to be no different. The Claimant has never provided the wording of the contract they rely upon in any correspondence and is put to strict proof with contemporaneous photographs. The Defendant reserves the right to amend the defence if details of the contract are provided. However, the court is invited to strike this claim out using its powers pursuant to CPR 3.4.


The vehicle is recognised and it is confirmed that the Defendant was the registered keeper.





Would that suffice in addition to a brief description of what happened on the day?


Thanks!

Gr1pr

WS is Witness Statement, your story, but that stage happens in several months time, so isnt your defence

No you don't use the Chan and Akande paragraph 3, if the breach is stated in your POC on the lower left of the claim form, which it probably is

Your paragraph 3 refutes the claim, refutes the POC , its not your story, because that part is much later in the process

Your paragraph 3 above is probably OK for the defence

That last sentence is at the end of your paragraph 2, already

Coupon-mad

That para 3 is fine, but move this bit

"The vehicle is recognised and it is confirmed that the Defendant was the registered keeper."

…to the end of para 2. Then submit it all!