DCB Legal / ParkingEye Claim - Defence Check

Rhondda1

IN THE COUNTY COURT AT NORTHAMPTON
CLAIM NO: (Removed by Forum Team)

BETWEEN:
PARKINGEYE LTD (Claimant)
and
[YOUR FULL NAME] (Defendant)

DEFENCE

1. The Defendant denies that they are indebted to the Claimant for the sum of £170.00 as alleged or at all. The Defendant denies liability for the parking charge, the purported damages, and the additional costs claimed.
2. Lack of Particulars (CPR 16.4):
   The Particulars of Claim are vague and fail to comply with CPR 16.4. The Claimant alleges a "breach of the terms on the signs" but provides no details of what those terms were, how the Defendant allegedly breached them, or the specific facts of the alleged contravention on 28/09/2023. The Claimant failed to attach any evidence of the alleged breach, the signage, or the contract to the Claim Form. The Defendant is unable to fully plead to the claim without this information.
3. Keeper Liability (POFA 2012):
   The Defendant is pursued as the driver or, in the alternative, as the keeper. The Claimant must prove that the Defendant was the driver at the material time. If the Claimant seeks to rely on the Protection of Freedoms Act 2012 (POFA) to hold the Defendant liable as the keeper, the Defendant puts the Claimant to strict proof that all conditions of Schedule 4 of POFA 2012 have been fully complied with. The Defendant has no record of receiving a valid Notice to Keeper and has discarded old correspondence. The Claimant must prove that a compliant Notice to Keeper was served within the mandatory 14-day period.
4. Unlawful Inflation of Claim / Double Recovery:
   The Claimant is attempting to claim £170.00, which represents an unlawful inflation of the original parking charge. Furthermore, the Claimant seeks £50.00 in "Legal representative's costs." The Defendant avers that this is an abuse of process. The original parking charge cannot be inflated to cover administrative or legal costs, and adding a fixed legal fee to a small claim is an attempt at double recovery which is not permitted in law. The Defendant relies on the principle established in ParkingEye Ltd v Beavis [2015] UKSC 67 regarding the nature of parking charges and the unrecoverability of such inflated costs.
5. Inadequate Signage:
   The Defendant denies that the signage at the site was sufficient to form a contract or adequately bring the terms to the attention of the driver. The Claimant is put to strict proof that the signage was prominent, legible, and sufficiently clear to form a binding contract.
6. The Defendant therefore denies liability in full and puts the Claimant to strict proof of every element of their claim.

STATEMENT OF TRUTH
I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed: _______________________
Date: _______________________

Rhondda1

AOC done on court websit, SAR Request sent to DPO at parking eye, along with CPR 31.14 to DCB Legal

Gr1pr

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

Also post the issue date from the top right of the claim form below too

The chances are that you will be using the Chan and Akande defence template, not your draft above

Its definitely not the county court in Northampton, its the CNBC, plus don't use headers and footers on MCOL

Le_Kirk

That looks like how we used to send defences awhile ago but now, as @Gr1pr writes, we use MCOL and don't need header and statement of truth. Also that does not look like the standard defence template.

Swedishcabbie

https://forums.moneysavingexpert.com/discussion/comment/82137508#Comment_82137508

Hi @Le_Kirk could you point me towards the new standard defence template link please? Haven’t been around for a while and I’ve been trying to find it, but I’m seriously getting lost in all the threads ://

Le_Kirk

Go to the first page of the parking forum and you will see several pinned threads or announcements, the one you want is called Template Defence Suggestion…….

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82140438#Comment_82140438

See my signature. I tell everyone where to click. Very very easy to hop to page 1.