Yet another DCB Legal ParkingEye claim: 5 mins 32 seconds, payment methods failed, no contract

Meldz24

On 30 November 2025, my wife was driving my car, she was with her mum and our daughter, after church she has to drop her mum to the nearest boots pharmacy.

1. She entered the Stafford Street 2 car park, she was willing to pay.
2. She scanned the QR code and attempted to arrange payment online.
3. She encountered a technical problem and did not complete the payment.
4. She went to the payment machine to see whether she could pay another way.
5. The machine appeared to require cash, and she didn’t have coins.
6. A man at the car park told her there was another car park where parking was free on Sunday.
7. She returned to the car and left, so they went to park just behind of this place which is free on Sunday.
8. She didn't thought of thinking taking a photo of screenshot as she never thought it will be an issue as they didn't stay long enough.
9. I wasn't the driver.
10. Next thing Ireceived parking charge amount £100 and can be discounted to £60 if we pay within 14days. - told my wife said she will sort it, looks like she ignored it, didn't notice she keeps receiving legal notice until yesterday I received letter from
    HM Courts & Tribunals service.
11. Time in car park 0hours- 5mins and 32sec

Action I've done so far after reading some ofthe forum- response to AOS - done today morning.

But not sure and confused what to put on my defense and counterclaim.. Appreciate your help, Thank you

Gr1pr

Name the private parking company claimant involved and any lawyers ?

I assume that YOU are the defendant ? Not your wife

Post the Issue date from the top right of the claim form below ?

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

What legal reason is behind your desire to issue a counter claim. ?

Meldz24

Yes I am the dependant, I wasn't the driver and paying £265 for less than 10mins, I don't think its right. But I know my wife should have settled this from the beginning but it's too late now to put blame, so I am checking some option since I was not the driver.

https://forums.moneysavingexpert.com/discussion/comment/82141306#Comment_82141306

Gr1pr

So Parking Eye, CPP via DCB LEGAL

Breach not pleaded, so use the standard Chan and Akande defence template in the defence template thread in announcements near the top of the forum

Meldz24

https://forums.moneysavingexpert.com/discussion/comment/82141324#Comment_82141324

Is this the one?

Gr1pr

No, you are drafting your defence, not a witness statement

Look at the first 2 posts in the defence template thread in announcements near the top of the forum

Adapt the paragraph 2 ending

Use the Chan and Akande DEFENCE paragraph 3

Meldz24

https://forums.moneysavingexpert.com/discussion/comment/82141357#Comment_82141357

Im trying to find defence template thread… is this the one? Sorry for being a pain..

Gr1pr

That Is the correct thread I believe

Look at the link below the following extract , seen in the minimonsta post, but don't include the " at the end

You may decide to use and adapt as your own, the Defence wording suggested in the post below...

...unless you have a CEL (in-house only), Elms Legal, Gladstones or a Moorside Legal claim without the alleged breach/reason specified (and also specifically for DCB Legal claims for ParkingEye or Group Nexus / CP Plus) in which case, you can use this wording as paragraph 3, re CEL v Chan and CPMS v Akande, here:

Meldz24

https://forums.moneysavingexpert.com/discussion/comment/82141357#Comment_82141357

The Defendant seeks fixed costs (CPR 27.14) and a finding of unreasonable conduct and further costs (CPR 46.5). The Defendant, who was not driving, questions whether the Notice to Keeper was even POFA compliant, and has little to add other than what’s set out below and to admit that they were the registered keeper.

With regards to the POC in question, two recent persuasive appeal judgments in Civil Enforcement Limited v Chan (Ref. E7GM9W44) and Car Park Management Service Ltd v Akande (Ref. K0DP5J30) would indicate the POC fails to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction Part 16.7.5. On the 15th August 2023, in the Chan case, HHJ Murch held: 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and the Defendant trusts that the Court should strike out the extant claim, using its powers pursuant to CPR 3.4. The second recent persuasive appeal judgment also held that typical private parking case POC (like this) fail to comply with Part 16. On the 10 May 2024, in CPMS v Akande, HHJ Evans held: 'Particulars of Claim have to set out the basic facts upon which a party relies in order to prove his or her claim'."

Is this the one? I honestly don't know how to start the draft

Gr1pr

This is your amended paragraph 2 from the defence template in announcements

.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 but not the driver.

Delete that spurious " you copied from paragraph 3 by minimonsta above ( its at the end , not allowed on MCOL.)

Use all 10 numbered paragraphs as your defence

Look at this recent case with paragraphs 2 & 3

https://forums.moneysavingexpert.com/discussion/6682993/parkingeye-dcb-legal-retail-park-overstay-county-court-claim

All you need to do is at an ending to paragraph 2

but not the driver

Slotting them into the 10 paragraph standard template defence, replacing those original paragraphs 2 & 3 with your new ones

Le_Kirk

With an issue date of 09/09/26 and having completed the AoS in a timely manner your defence deadline date is 4.00 p.m. on 12/10/26