SPS private parking charge, Ignored NTK, Ignored DCBLegal, gone to County Court claim

Coupon-mad

We think that's a blind alley.

Defend the claim.

You aren't going to start offering money to settle it because DCB Legal will discontinue the case by Xmas and you will pay nothing.

whybruh

Here is my para 3:

3. The alleged event occurred during the hours of darkness. The signage at this location was not illuminated and was not visible or legible in the prevailing conditions. The ticket machine on site was not operational. A payment was made via phone app for the amount displayed on the tariff board on site, which stated £1 per hour. It has since become apparent that the tariff displayed on the signage does not match the amount charged by the app or the amount now claimed by the Claimant. The Defendant denies that any contract was breached. Payment was made in accordance with the terms displayed on the tariff board at the location — being the only terms capable of forming part of any contract with a motorist. The Claimant is put to strict proof of providing a close-up photograph of the tariff board and all signage as it appeared at the location on the material date, together with evidence that the ticket machine was operational at the time of the alleged event.

What is the advice regarding the contract, the driver didnt enter any written agreement or was aware of any contract when parking, but did pay the fare, does that mean contract met? But the tariff on the wall was incorrect.

Car1980

I'd remove mentions of darkness. The tariff board was clear and that's the contract you were presented with and agreed to.

Le_Kirk

https://forums.moneysavingexpert.com/discussion/comment/81953260#Comment_81953260

With an issue date of 31/03/26 and providing you complete(d) the AoS after 05/04/26 and before or on 19/04/26 your defence deadline date is 4.00 p.m. on 05/05/26

whybruh

Gone through the defence and there are a few questions:

• The signage is 2m above ground. However I was still charged more on the app than what the signage states. Barely noticed the sign at the time, but is this ok?
• The machine wasnt working at the time, I assume the burden of proof is on them?
• If it does go to court, does the defendant need to still identify the driver? If the judge asks directly, can the defendant say its for the claimant to prove this?

Para 3:

3. The ticket machine on site was not operational. A payment of £1.50 was made via the app, being the only available method of payment. The Claimant's own ANPR evidence shows the vehicle departing within the paid period. The allegation of "Overstayed The Maximum Time Paid" is therefore factually incorrect. The tariff board on site states £1 per hour. At that rate £1.50 should have purchased 1 hour 30 minutes. The app applied hidden fees totalling 50p, not displayed on the tariff board or the payment screen, reducing the paid period to 1 hour. It is denied that any contract was breached and the defendant paid the correct amount in accordance with the tariff board, and therefore contract, displayed on-site. It is denied that any valid contract was formed on clear and transparent terms. Also, the Claimant's signage fails the transparency requirement under section 68 of the Consumer Rights Act 2015 and any ambiguity must be construed in favour of the consumer under section 69. The Claimant is put to strict proof of providing close-up photographs of all tariff boards as they appeared on the material date, evidence that the ticket machine was operational, and an explanation of why the on-site tariff and the app tariff have never corresponded."

Thoughts?

whybruh

Bumping this

Coupon-mad

Yes that's fine but you'll never see a judge because, as I said:

DCB Legal will discontinue the case by Xmas and you will pay nothing.