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DCB Legal Claim Form Scotland PCN

I am a UK resident and received a PCN from Euro Car Parks on 23/08/2022 in Oban, Scotland. I appealed the PCN on the grounds of inadequate signage. The appeal was rejected. I have ignored all ensuing correspondence from DCB Legal. Today I received a claim form and response pack by post.

I can't remember now whether at any point I have admitted to being the driver of the vehicle. My husband is the registered keeper. All correspondence and the claim form are addressed to me.

On the claim form it states:

3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs.

4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4

Does this mean they do not know if I was the driver or the keeper? And if that's the case can I be taken to court?

Any thoughts on how to proceed would be greatly appreciated.

«1

Comments

  • Umkomaas
    Umkomaas Posts: 44,390 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Do you reside in Scotland?

    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
  • WoollyPig2020
    WoollyPig2020 Posts: 6 Forumite
    Second Anniversary First Post

    Sorry, no I should have said resident in England in original message.

  • Gr1pr
    Gr1pr Posts: 13,381 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper
    edited 28 March at 1:18PM

    Just follow the advice in the 2nd post in the newbies sticky thread in announcements near the top of the forum

    Then study the 8 steps in the defence template thread in announcements too

    Do the AOS online stage on MCOL via your government gateway

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

    Post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first

    Anyone can be taken to court for an unpaid Invoice, their typical allegations are generic

  • Coupon-mad
    Coupon-mad Posts: 161,382 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 28 March at 1:56PM

    They are lying about the POFA 2012. That Act doesn't apply.

    Please show the claim form. Including the dates and site location (redact claim number & password of course, plus your VRM and data).

    The claim is meritless and issued in error because the alleged contract us subject to Scottish law. Not the POFA. You could apply for a strike out and claim costs but that's beyond my knowledge re how to do it.

    Or just defend it and (also, separately) report the solicitor who signed it to the SRA for lying about the POFA 2012 due to generic Particulars.

    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
  • Castle
    Castle Posts: 5,079 Forumite
    Part of the Furniture 1,000 Posts Name Dropper

    OP

    Who signed the claim form?

  • WoollyPig2020
    WoollyPig2020 Posts: 6 Forumite
    Second Anniversary First Post
    IMG_1863.jpeg

    Here is the claim form. Many thanks.

  • Coupon-mad
    Coupon-mad Posts: 161,382 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 28 March at 1:59PM

    Advice as above.

    Thankyou for posting that evidence that DCB Legal continue to lie about the POFA 2012 applying in cases where it cannot.

    That law has never (yet) applied in Scotland.

    🙂

    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
  • Le_Kirk
    Le_Kirk Posts: 26,317 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper

    With an issue date of 25/03/26 and providing you complete(d) the AoS after 30/03/26 and before or on 13/04/26 your defence deadline date is 4.00 p.m. on 27/04/26

    We cannot see who signed the claim form, is it on page 2 or on the reverse?

  • WoollyPig2020
    WoollyPig2020 Posts: 6 Forumite
    Second Anniversary First Post

    There is no signature.

  • Gr1pr
    Gr1pr Posts: 13,381 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper

    There is, on the back near the top !

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