DCB Legal court proceedings starting (Parking Eye)

shivitots

Hi all, I know there is lots of threads around this and I've been keeping an eye on them as my situation has developed, utilising advice and templates at different stages, but I just wanted to reach out for support as Im getting a little nervous now that DCB Legal has filed their DQ.

Background: I was a member of a gym where registering your numberplate is required when parking / attending the gym. I failed to do this on one occasion as I was running late for a class. When I got the ticket, I appealed to Parking Eye explaining briefly I was a member of the gym, had attended a class on that evening but was in a rush and missed registering my numberplate - I supplied membership and class attendance evidence. They offered without prejudice £20 but I rejected and went to POPLA, which found against me and Parkingeye continued to pursue for £100. I did nothing and eventually it was handed to DCB Legal and I'm now at the Court stage, just waiting for my DQ N180 form to arrive. I'm annoyed at myself that for the POPLA appeal I stated that I had attempted to enter my number plate and the machine was obviously not working, but in the rushed email i initially sent to Parkingeye I just said that I was in a rush and didn't do it.

I suppose I'm looking for advice around: have I shot myself in the foot with the error in my story; should I say yes to taking up the mediation option; what is the advice around the mediation; and if I don't agree to any settlement and state I want to put my case before a judge, what are my chances?

It's become a matter of principal really, but I'm wondering if Ive just bitten off more than I can chew and that's worth it 😨

thanks in advance for support and advice 🙏

Gr1pr

Presumably its Parking Eye via DCB Legal. ?

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

I presume that no breach was pleaded ? So did you use the Chan and Akande defence template. ?

I doubt that it will reach a hearing, meaning that no judge will answer your query, because its more likely to be discontinued beforehand

shivitots

Just to add, and in advance of me gathering my evidence, I've just seen this case study on the Parkingeye website for the gym I was a member of which is making me reel! It states 'Parkingeye have helped various Nuffield Health, Fitness & Wellbeing Gyms take control of their parking, improve accessibility, and put solutions in place to protect their site and improve their customer experience.' https://www.parkingeye.co.uk/car-park-management/case-studies/nuffield-health-case-study/

Makes me angry, I proved I was a member of the gym!

Do you think this could help my evidence?

Gr1pr

It may do, if it gets to the stage where you have to submit your Witness Statement plus Exhibits bundle, before the court hearing at your local nominated civil court, probably in the new year

shivitots

https://forums.moneysavingexpert.com/discussion/comment/82159393#Comment_82159393

Yes, Parkingeye via DCG Legal. Here's the POC on the redacted claims form,hopefully sharing ok…just getting used to forum system!

shivitots

I didn't use the Chan and Akande defence templates. Hopefully that wasn't a mistake

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/82159494#Comment_82159494

In that case, post a verbatim copy of your defence below

Coupon-mad

Not that it matters what you already put in as your defence!

Every ParkingEye DCB Legal is discontinued before they have to pay the hearing fee. Yours will follow that path too. Trust the process.

shivitots

https://forums.moneysavingexpert.com/discussion/comment/82159500#Comment_82159500

This was my defence:

1. The Defendant was a registered member of the gym at the site of
the alleged contravention. On 15/11/2024, the Defendant was an
authorised visitor who booked and attended a scheduled gym class.
Proof of membership and attendance was provided to the Claimant.

2. Terms permit gym members to park free, subject to entering
their vehicle registration mark (VRM) into an in-gym terminal.
Upon arrival, the Defendant noted a queue at the terminal and,
being in a rush for class, intended to register upon departure.

3. On leaving, the Defendant used the terminal and entered their
VRM in good faith, believing it processed successfully. Any
failure to record the data was a terminal processing error or a
minor clerical error.

4. In its POPLA assessment, the Claimant accepted the Defendant
was an authorised user and reduced the charge to £20 under Section
F.3(g) of the Private Parking Sector Single Code of Practice. The
Claimant suffered zero financial loss.

5. The Claimant’s decision to pursue a court claim for
£279.52—despite previously verifying the Defendant’s authorised
status and capping the charge at £20—is disproportionate,
punitive, and an abuse of process.

6. The Claimant has added inflated 'debt collection costs and
legal fees. This represents double recovery. Standard operating
costs cannot be passed to the Defendant under ParkingEye Ltd v
Beavis and the Consumer Rights Act 2015. The claim should be
dismissed.

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.

shivitots

https://forums.moneysavingexpert.com/discussion/comment/82159504#Comment_82159504

I hope so! 🤞🙏

shivitots

I realise now there were probably issues with my defence…😓