ECP-DCB parking charge claim

wouldbebiker

HI, hope someone can help. I have a historic claim from ecp & dcb relating to an alleged overstay at a retail park. They're after a stupid amount of money for what would have been a free parking space and it's so long ago that it's impossible now to gather evidence and therefore may be difficult to defend. However, from info already on the forum it seems all cases are the same so i have started the legal procedure by responding to their claim with an AoS and am considering using an impressive defence already posted on the forum, edited where necessary to my circumstances. Are there any other cases regarding alleged overstays that I could use in my defence?

Yes, I've read the newbies thread on private parking tickets, and trawled through many other discussions on the forum. Thought this might be a good place to start as you guys seem to know the score. Any advice welcomed. Cheers.

Gr1pr

Post the Issue date from the top right of the claim form below

Post the AOS completion date too

Yes, Use the 10 paragraph template defence

Do not overthink it

Plenty of examples ( over 800. ) you can study in the discontinuations thread by Umkomaas, especially for alleged overstays, especially where the word CONTRAVENTION is used

wouldbebiker

Hello Gr1pr

Issue date March 11

AoS completed March 16

Coupon-mad

Welcome! Just use the Template Defence.

🙂

Le_Kirk

With an issue date of 11/03/26 and having completed the AoS in a timely manner your defence deadline date is 4.00 p.m. on 13/04/26

wouldbebiker

Hello again, thanks for your prompt responses. Couple of observations:

The vehicle identified on the claim form was sold around two years ago. Could there be an issue over how DCB Legal obtained my data?

The statement of truth on the claim form is signed by David John Croot. Any doubt over his legitimacy as a legal rep?

Gr1pr

No, the private parking company employed them in regards to recovering the charge on the invoice

No, he signs all or most of them now, as a qualified solicitor

wouldbebiker

Defence completed as per steps 1-10 on template, with a couple of case specific date changes.

Be grateful if you could check out my Steps 2 & 3:

2: The allegation(s) are vague and liability is denied for the sum
claimed, or at all. The delay in bringing proceedings lies with
the Claimant, making retrieving material evidence difficult, which
is highly prejudicial. The Defendant has little knowledge of
events, save that the vehicle is recognised and it is
confirmed that the Defendant was the registered keeper.

3: The Defendant denies liability for the charge. The Claimant
claims that the vehicle was parked longer than the maximum period
allowed. However, the Defendant has seen no evidence of the
alleged contract - the signs in place at the time of the alleged
breach - nor even that this was a single 'period of parking' and
is unable to recall who was driving the vehicle. With no 
recollection of this alleged incident it is impossible to confirm 
or deny whether the vehicle was parked beyond a prominently 
stipulated time limit by a single driver, not that the POC 
specifies how long the car was supposed to have been there nor 
even what the purported time limit was. The Defendant avers that 
ANPR is not reliable in the hands of private parking firms and 
'double dip' ANPR errors are rife due to the industry not carrying 
out adequate human checks of the ANPR data. The Defendant requires 
the Claimant to show all captures of the vehicle that day, not 
just the 'first in last out' images that their system is 
automatically set by default to use in order to churn out as many 
PCNs as possible and hope keepers pay. The Defendant also requires 
evidence of the signs as they were on the day, not that a PCN was 
'issued' on 11/09/2021 anyway. The entire claim is an assumption 
based upon automated decision-making by an unchecked and 
unsynchronised remote camera system. The Claimant is put to strict 
proof of all of the above and their full compliance with the POFA 
2012 (the only route to keeper liability) which the Defendant 
believes was not the case with this Claimant's notices in 2021. 
Even if they were compliant, Schedule 4 of the Act caps the 
'maximum sum' that can potentially be pursued at far less than 
£170.

Coupon-mad

Was this in 2021 or did you copy that?

Remove this bit:

"not that a PCN was 'issued' on 11/09/2021 anyway."

and remove this too, if it wasn't 2021:

"which the Defendant believes was not the case with this Claimant's notices in 2021"

Gr1pr

As Above, i mentioned looking for examples containing the word CONTRAVENTION, not Issued !

wouldbebiker

Hi coupon-mad. PoC says 'the date of contravention is 11/09/2021'.

Should I be bringing up ANPR at all? There is nothing on the claim to suggest ANPR evidence, though I know the car park in question uses it now. Could say something like: 'If the claimant is to rely on ANPR evidence the Defendant avers that ANPR is not reliable in the hands of private parking firms etc etc

??