Defendant vs DCB Legal (for Parkmaven)

chad888

Allocation to the small claims track is through.

Parked at the hotel at 06:45 Tuesday, machine in reception asks how long you're staying and I put 2 days thinking it would give me 2 nights (or 48-hours) as I check out and leave at 06:30 Thursday. Paid the £10 (£5 per day) and it turns out that it gave me 2-days I.e. a day runs out at Midnight. Left on on Thursday and I get a ticket. I have the receipt as I claim it back as expenses.

I've used the template defence from this site, and included the above anecdote where required in the template (obviously better written).

The court order states:

2. The Defendant shall by xxxxxxx send to the court and to the Defendant a defence which relates to the specific detail of the claim failing which the court may consider to strike out the current defence of its own motion as lacking the basis of a substantive defence.

No idea what that means, the use of defendant twice in the first line (one of those is clearly meant to mean claimant...) do I send a defence again with my side clarified, or are they dismissing the template??

1505grandad

"2. The Defendant shall by xxxxxxx send to the court and to the Defendant a defence …."

Just checking - does the Order really state the above?

Gr1pr

I would think that it should have said

2. The Defendant shall by xxxxxxx send to the court and to the Defendant Claimant a defence which relates to the specific detail of the claim failing which the court may consider to strike out the current defence of its own motion as lacking the basis of a substantive defence.

Meaning that your defence should have refuted the POC in paragraph 3 of the template defence, but they seem to think that it doesn't, so you should amend your old defence, striking out in red ink anything you dont want in it, plus adding new words in red ink that does refute the claim ( do not delete anything from your previously submitted defence. )

But

We have not yet seen their POC ( minus the VRM details, or your paragraphs 2 & 3

Which court sent the court order. ? Was it Manchester by any chance. ?

chad888

https://forums.moneysavingexpert.com/discussion/comment/82111283#Comment_82111283

3. The Defendant was a guest at the Holiday Inn Express Bristol hotel (BS34 8TJ), whilst working in MoD Abbeywood (BS34 8JH) between Tuesday 17th December and Thursday 19th December. The Defendant paid for parking
on check-in at reception, where the receptionist asked what time the defendant would be leaving on the Thursday morning, the Defendant responded around 0600 as they worked early. The Defendant left around 0645 to arrive at work for 0700 on the Thursday, having paid £10 for parking. The Holiday Inn website claims “On-site guest parking for £5,” ergo £10 would be assumed to cover a 2-night stay until the check-out time of 1100. 

(Edited to remove the template and keep just my part.)

ChirpyChicken

Make sure you email the correct the new defence(not the CNBC) and copy in the claimaint

Confirm in the email the claimaint has been served as well

chad888

They are asking for £269.20 total, to include:

£170 amount

£14.20 interest

£35 court fee

£50 legal rep costs

Gr1pr

You need to edit that submitted defence above so that its clearly readable with line breaks between the paragraphs

Because you used the template defence, we only needed to clearly see and read your paragraphs 2 & 3

The alleged breach was pleaded in the POC, overstayed the authorised parking reservation ( the contract )

Which court. ?

chad888

https://forums.moneysavingexpert.com/discussion/comment/82111333#Comment_82111333

Edited my defence above to just show p.3 which is my recollection of events.

It is Plymouth County.

They claim i overstay the reservation on date Thursday 19th.

I claim I paid for 2 full days parking (48 hours) and left within 48 hours. It appears that 2 full days means all Tuesday and all Wednesday, but this isn't clear and still isn't clear to me.

Car1980

You need to add some references to contract law in your P3 I suspect.

The judge may have taken one look at the template and was annoyed by it (it does happen).

Remember this is still going to be discontinued, so just jump through this hoop.

Gr1pr

Paragraph 3 provided an explanation, like a WS, but doesn't not actually refute the POC details

A typical basic paragraphs 3 is similar to the one in the thread below

https://forums.moneysavingexpert.com/discussion/6652707/claim-notice-received-dcb-l-parkmaven-ltd

SacredStephan

Using the WaybackMachine we can see that in Jan 2025 the hotel website said:

Hotel guest parking is charged at £5 per 24 hours, payable at the kiosks on-site. Public parking is available for a fee.

That text is still there today although it's up to £6 now.