DCB legal - court papers

DrLex

And yet can’t calculate the correct per diem interest; shown as 1p, whereas it should be 5p after compounding the original £170 (or between 3 & 4p if not compounding).

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81917860#Comment_81917860

Except the PCN was never £170. That sum of money wasn't on the signs.

Same as all the other ParkingEye DCB Legal claims. There will be no hearing. The case will end up discontinued by the Winter.

Use the bespoke pre-written Chan & Akande defence version for cases like this, where the alleged breach isn't specified. The para 3 linked in the Template Defence thread slots into the template.

I don’t really have much evidence for court other than a payslip but I guess that’s all I’d need surely?

OMG absolutely NOT! That isn't how to defend a court claim alleging contract law.

diddlysquat23

https://forums.moneysavingexpert.com/discussion/comment/81917666#Comment_81917666

yes original was £60!

diddlysquat23

I had one before which I appealed, they said they weren’t interested even though I’m allowed to park there so I just ignored it and eventually they kept messaging me to make a deal and I just paid the £60 to get rid of them but I really don’t want to give them money this time. As yet again I had every right to park there so I’m not doing it this time.

Will follow advice thank you

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/81918639#Comment_81918639

Definitely wasn't £60, it would have been £100, since then they added on a spurious debt recovery fee of £70, making the £170 seen in the POC earlier

How they got from £170 to £231.08 is beyond my O level maths

Coupon-mad

5 years of interest!

But the OP will never pay anything and should NEVER have paid the other PCN.

diddlysquat23

https://forums.moneysavingexpert.com/discussion/comment/81918052#Comment_81918052

My payslip would be evidence as it shows I pay monthly to park in the car park. Therefore that is my defence to being told I ‘illegally’ parked there by not paying for it😅 and it’s all I have to prove it so they’d have no choice but to accept it I’m afraid 😂.

Coupon-mad

"My payslip would be evidence as it shows I pay monthly to park in the car park. Therefore that is my defence to being told I ‘illegally’ parked there by not paying for it😅 and it’s all I have to prove it so they’d have no choice but to accept it I’m afraid 😂."

I'm afraid not on its own. That is not your defence & no evidence goes with a defence.

That's not how contract law works and the claim itself DOESN'T talk about illegal or unauthorised parking.

It doesn't even specify the breach, at all.

Don't get me wrong, I'm 100% on your side and that payslip will be one exhibit at Witness Statement stage in a few months' time … but it'll be one of several points.

Hence for now, you use the Template defence with the special para 3 linked for cases where no breach is pleaded.

You should add to the end of the standard para 2 that the Defendant was the driver, were authorised to park because they work at the hospital.

James_Poisson

I cannot understand why you didn't go the the hospital estates office, security or who ever contracts parking out to these parking scammers and get it cancelled.

The POC says absolutely nothing about the background to the claim what so ever and you have been equally vague about the reasoning except quoting that you pay for parking, which will not on its own mean a thing.

You really need to follow the advice on here, and concentrate on the terminology there was no "illegal" parking there was no fine or penalty, you had an invoice from a private parking management company where they claim you owe them money, you claim you don't.

diddlysquat23

https://forums.moneysavingexpert.com/discussion/comment/81973476#Comment_81973476

Not sure why you’re assuming that I didn’t go to them. I did and they clearly didn’t help me otherwise I wouldn’t be here. I received the letter after leaving the trust and when I contacted them they said they don’t get involved as it’s a private company bla bla.
Not sure how I’ve been ‘vague’. I can’t really explain on here why I don’t owe them money other than what I’ve said. It’s very black and white. I had a right to park there so I did🤷🏼‍♀️. That’s why I’ve then come on here to ask for advice coz there’s nothing more I can say to them.
I have finally found the information I need after people talking in riddles. I don’t need any further advice. Thanks though