(PCN) & again, DCBL debt collection letter

MrJenkinsEsq

https://forums.moneysavingexpert.com/discussion/comment/82131540#Comment_82131540

Particulars of claim: their description of why they think you owe them money.

Secret_Squirrel1970

https://forums.moneysavingexpert.com/discussion/comment/82131542#Comment_82131542

Right - will look it out and respond tomorrow.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82131589#Comment_82131589

We already know the POC don't specify the breach but show us the POC anyway.

You won't have any questions because you'll already have seen and know to use the special Chan& Akande defence linked twice in the Template Defence thread. Easy peasy.

Secret_Squirrel1970

As ever I did not get to it tomorrow… sadly my life is a hectic mess at best. I have until tomorrow now to finish this online. Nothing like leaving it to the wire…

This image, if it works, is what I have as basis of their claim.

Now for all this started with a letter in April, the alleged breach was in January. DVLA had messed up an address change and it took longer for the DCBL people to track me down.

The contravention alleged refers to a Retail Car Park - Woodfields Retail, BL9 - which is a 3 hour drive from me so I cant pop back and check easily. (I will try Google street view). I know roughly from memory what has happened but their details are vague - there is a McDonalds branch and car park within the corner of a larger Tesco Extra and its huge car park. There is nothing on the paperwork that indicates whether it is McDonalds or Tesco.

I was due to meet a colleague for work appointment in the immediate vicinity - a 'pin' had been sent from whatsapp or the like to meet… i arrived, checked the car park by driving through (McDs), colleague wasnt there, so I left. I then drove round the Tesco carpark to see if he was there - No - so then drove a couple of streets over to check the actual site we were to work at. He wasnt there so I returned to the McDonalds by which time he was there.. we parked entered, had coffee and left - within the time limit. He has not been chased for this. I surmise that the system did not pick up my earlier departure and subsequent return and has just got the extreme ends of the scale, as it were.

EDIT - although having just had a quick look over the Chan&Akande mentioned it seems my actual 'story/circumstances' at the time, aren't as much in themselves and are almost background flavour ..

FURTHER EDIT - I was making assumptions, i had thought this was naturally the first date of my job in this area, but it turns out it was the last date. I cannot for the life of me remember any reason, need, or circumstances why i was in that car park for anything over the amount of time. So I really dont know what has occurred here. On the date in question I was mobile through the BL area most of the time, never parked up anywhere long enough. I also cant fine tune it with my work movements because they havent supplied me times, just the date and location.

Secret_Squirrel1970

Well seems my assumption here has got me into a pickle…. The max stay on the Tesco signage is 3 hours, now there is now way I will have ever been in longer than that. BUT I suspect there is probably a clause somewhere that says 'No Return Within…. X Time'.

My work assignment in the area that day will have possibly required me to be in and out of that car park a number of times, very rarely parking up for long. A lot of the time just driving through checking for a vehicle and then driving straight out again without getting out of my own car, or indeed parking.

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/82140144#Comment_82140144

Follow the advice above and use the Chan and Akande defence, due to no breach pleaded

Secret_Squirrel1970

https://forums.moneysavingexpert.com/discussion/comment/82151462#Comment_82151462

Yeah, that's what I was figuring….. I have logged back into MCOL (having a momentary panic when it kept saying password was wrong despite multiple slow, precise attempts). It does seem valid, I cannot know what happened or without the particular times but I have narrowed it down to it will be the Tesco car park. It WONT be overstaying, it WILL be the fact I was in and out of the car park a number of times - rarely parking but looking for a particular vehicle… But without them having supplied adequate details I cant look into it any further.

So its not the Double/Dipping in McDonalds that I initially thought it could have been.

Gr1pr

You didn't provide a redacted picture of the POC from the lower left of the claim form, despite coupon mad asking for it earlier

But

All this background speculation and detail is irrelevant to any Court Claim when no breach is pleaded

So although it may be useful in several months time in your future WS , next year ! Its not at this early stage

At this time you use the Chan and Akande defence template

You cn spend the next 6 months or so gathering your thoughts and evidence, so dont reinvent the wheel, its a step by step process and none of that information changes your POC defence

Secret_Squirrel1970

https://forums.moneysavingexpert.com/discussion/comment/82151479#Comment_82151479

I have that to hand now so will pop it in the scanner…. It doesn't (to me) seem to provide any more detail than the particulars I did scan & post earlier.

Secret_Squirrel1970

As asked, the POC info from the bottom left of the claim form