DCB Legal, Elite Parking court claim

Coupon-mad

Sounds like you haven't read post 2 of the NEWBIES thread fully, or the Template Defence thread linked there.

🙂

Le_Kirk

With an issue date of 30/07/26 and providing you complete(d) the AoS before or on 18/08/26 your defence deadline date is 4.00 p.m. on 01/09/26

Jin1

https://forums.moneysavingexpert.com/discussion/comment/82091001#Comment_82091001

Thanks @Coupon-mad for pointing this out. AoS now filled. I am now drafting the defence using the words in your post (last edited on 12 February at 6:33PM) contained in the template defence thread.
I will share section 3 (my response to the allegation) here once it is ready, and I'll keep it concise enough to fit the mcol defence box.

Jin1

https://forums.moneysavingexpert.com/discussion/comment/82091557#Comment_82091557

Thanks @Le_Kirk for your timeline heads-up. AoS is now filed and working towards the deadline.

Jin1

Hello @Coupon-mad , @Gr1pr and @Le_Kirk

Please see the draft section 2 and 3 below,

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 as set out below and to admit that they were the registered keeper.

3. The claimant alleged stopped/parked in a restricted zone contravention as per the Letter of Claim (LoC). The Defendant do not recollect having stopped/parked in a restricted zone and denies the claim. On dd mm yyyy, the Defendant attended a pre-booked community event hosted by the XYZ community Group at the YZ (Hall), Eddington. The Defendant’s family member was a featured speaker and operated an event stall. At the conclusion of the event, the Defendant vehicle was briefly positioned near the hall strictly for the purpose of loading event equipment and stall items. The vehicle remained stationary for under 10 minutes. It is a well-established principle of common law that briefly stopping to load or unload bulky goods does not constitute parking.

4.

Is this defence okay? Is there anything I should add or remove to keep for the witness statement, when it gets to that stage?
Thank you.

Gr1pr

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

You dont appear to have added an ending to paragraph 2

Your defence paragraph 3 should refute the POC, after we have seen it

The defence box on MCOL does not allow the following characters " < > especially not those " in your proposed defence above

Please Edit your thread title to something more suitable like

DCB Legal, Elite Parking court claim

Coupon-mad

Remove all this because the rest of the template defence already covers it all:

"Signage and Grace Periods: The Defendant denies that the vehicle was parked in a restricted zone. The signage in the immediate vicinity where the vehicle stopped was inadequate, obscured, or non-existent, failing to provide drivers with prominent or clear notice of any restrictions or contractual terms (note for readers here: there were signage for parking restriction elsewhere in the area but not at or for the specific location). Furthermore, the brief duration (under 10 minutes) falls fully within the mandatory grace period required by valid industry codes of practice for drivers to read signage, decide whether to accept the terms, or complete a legitimate activity such as loading.

Unreasonable Penalty and Locus Standi: The sum demanded (£xxx) is an unenforceable penalty clause, disproportionate to any loss suffered, and unconscionable under the Consumer Rights Act 2015. The Claimant is put to strict proof that it has the requisite landowner authority and standing (locus standi) to issue court proceedings and form contracts in its own name at this specific location."

Jin1

https://forums.moneysavingexpert.com/discussion/comment/82112637#Comment_82112637

Hello @Gr1pr, thanks but I do not have a PoC but the LoC that resulted in this post/thread ab initio ( hence its title) and the lower left of the loc does not have the VRM details. Regarding the ending to paragraph 2, what sort of ending do you mean please as I am not sure what else should be added. On the MCOL warning noted, thanks.
As per changing the thread title, happy to do so but will it not confuse newbie future readers giving that the first post is about a LoC and not a Court Claim itself which comes later. Again happy to change if that the standard procedure.

Jin1

https://forums.moneysavingexpert.com/discussion/comment/82113072#Comment_82113072

Thanks @Coupon-mad , those paragraphs/sections are now removed. I reckon its okay to to proceed with the next steps?

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/82115921#Comment_82115921

You stated earlier that the AOS stage was completed, which happens in a court claim, not a LoC

Also, Le_Kirk posted your defence deadline date which is next week

I said, your claim form , not the previous LoC

Editing your thread title is standard practice as a claim progresses