Civil Enforcement Court Proceedings help

Dogtanian1894

Apparently this thread has been marked as suspicious for some reason and I’m unable to post the defence I’ve drafted.

I’ve emailed the mods but no response so far.

Coupon-mad

You can copy & paste your bespoke section into a reply here. We prefer not to have a link or to see the whole template!

Dogtanian1894

OK, here's what I've got so far, hopefully makes sense without the start and end and hopefully I'm not too far off the mark.

Starts out with Double Dip defence from DCB Legal response to LoC rebuttal

Bespoke section:

1. It is admitted that on the material dates, the Defendant was the registered keeper and driver of the vehicle XXXXXXX.
2. The defendant contested the claim by email on XX/XX but received no response from the claimant
3. Defendant denies that the vehicle was ever parked within the Claimant’s car park. The Defendant’s vehicle did enter the car park on 22/1/2025 at approx. 19:30 as per the POC. However, it exited almost immediately after, simply using the car park to turn around. Defendants’ vehicle then entered the car park a second time on 23/1/2025 at approx. 17:04 and as per the day before simply using the car park to turn around, exiting almost immediately after entering. As such no parking event took place and no contract was formed.
4. Defendant can provide evidence that the car was used to drive to their place of work on the 23/1/2025 and was parked there during the time the claimant alleges the vehicle was parked on the claimants car park.

Remaining points are lifted pretty much verbatim from the defence on UK Parking Control Limited (via DCB Legal Ltd), edited to remove the first 5 paragraphs as they are already covered by the double dip or not relevant to the case.

Thanks in advance :)

Coupon-mad

You should be using the Chan and Akande template defence linked in the Template Defence thread. Then the double dip sentences tacked onto para 2.

Dogtanian1894

Sorry, but I'm really struggling to understand the information in the template defence thread in the way its presented. I can't tell where or what I need to add or omit and its really frustrating.

We're going to take the easy way out and just pay them.

Thanks for trying to help, but neither me nor my partner can process the kind of information required to deal with this.

Coupon-mad

It"We're going to take the easy way out and just pay them."

No you aren't.

Good people don't pay a scam and that sends an appalling message to younger people in your family, IMHO. It is the last thing to even think about!

Slow down; just use the Template Defence. It's already written for you.

Jame4ters

https://forums.moneysavingexpert.com/discussion/comment/81980519#Comment_81980519

Paying it is not the easy way out.

You are almost there

1505grandad

As above - please do not pay - you have done nothing wrong. Even the unregulated ppss CoP recognise this scam as the Code Of Practice states (7.3):-

https://www.britishparking.co.uk/write/Documents/AOS/Sector%20Code%20Templates/sectorsingleCodeofPracticeVersion1.1130225.pdf

"NOTE 1: The manual quality control check for remote ANPR and CCTV systems is particularly important for detecting issues such as “double dipping”, where image camera systems might have failed to accurately record each instance when a vehicle enters and leaves controlled land, and for checking images that might have been taken other than by a trained parking attendant (see Clause 15)."

So it is the fault of the scamming parking company who should not have obtained your private data from the DVLA - they are therefore in breach of the KADOE contract because they have not complied with the unregulated CoP which is a condition of using KADOE contract.

Again, you have done nothing wrong.