Defence advice in my first court case (v. DCBL)

Morus

Evening everyone.

Before I start I just want to say a huge thank you for all the resources on this forum. I've used them many times and have occasionally succeeded at landowner cancellations, appeals or POPLAs and successfully ignored the other recovery letters. After 10 years of motoring and fighting unfair tickets with your advice this is my first court paperwork. It is also in a case which I feel strongly about (my wife's day out with the kids was ruined because of this) so I am looking forward to presenting it persuasively and seek justice.

Would you be so kind to advise on the following paragraph 3 in the template defence (replaced the days & amount just to make sure the case stay anonymous). I have to submit the defence by the end of the week, but would like to do so in the next few days just to make sure I'm not late:

3.  The driver had attempted to pay for the parking on the [PARKING DAY] (see evidence) but was unable to do so because the claimant’s website failed to work. A payment of [£££] was made on the [PARKING DAY +1] for a stay on the [PARKING DAY+2] for the same duration as the vehicle had stayed on the [PARKING DAY] (since the website only allows payments for future stays, but naturally the vehicle had not entered the car park on the [PARKING DAY+2]). This had all been explained in the appeal which was refused with a template response. Also worth noting that the driver was a pregnant mother accompanied by her 3 little children on the day, who was very stressed by the lack of a simple card payment facility and the online system not working. I had to take time out of work to support them with the situation.

Also would including the whatsapp conversation between my wife and I from the day as evidence be useful to the defense (it is more evidence of the website not working and the good faith of the driver)? She is prone to getting stressed so I would rather not have her as a witness if there is a way of avoiding that.

Gr1pr

Its Defence, no S

Name the private parking company claimant involved

Name any Solicitor or lawyer firm involved

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

That way we know the basics and can comment on your paragraph 2 as well as your paragraph 3 ( both need wording correctly

A defence is written in the 3rd person, no I , no Me etc

Evidence, Exhibits, pictures etc are submitted with the Witness Statement plus Exhibits bundle in several months time, no Evidence is submitted before then

Car1980

If it's DCB Legal it will be discontinued before the hearing date.

Morus

https://forums.moneysavingexpert.com/discussion/comment/82175411#Comment_82175411

Hi Gr1pr, whoops noted on the spelling and made the corrections. Please see details below, thanks again.

Claimant: I Park Services LTD

Solicitor: DCB Legal

Issue date: 24/09/2026

Morus

https://forums.moneysavingexpert.com/discussion/comment/82175447#Comment_82175447

Oh, after all this preparation I will have to put into it I would rather it didn't! What if I make a counterclaim? Does this case have reasonable evidence for a successful counterclaim in your view?

Gr1pr

Has the AOS been done on MCOL. ? And when. ? Otherwise it's past the deadline

Your MCOL claim history will tell us

Also , add an ending to paragraph 2 and amend and adapt your paragraph 3 to refute the actual POC

Post your proposed paragraphs 2 & 3 below, for critique

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82176355#Comment_82176355

No it doesn't. Forget counterclaiming.

Gr1pr

Your defence deadline is 4pm next Tuesday, 27th October, providing that you completed the AOS stage online on MCOL

I doubt that you have any solid legal grounds for a counter claim

Le_Kirk

With an issue date of 24/09/26 and providing you complete(d) the AoS before or on 13/10/26 your defence deadline date is 4.00 p.m. on 27/10/26

Did you complete the AoS before or on 13/10/26?

Morus

Yes I completed the AOS, I also double checked just now in MCOL and it says that: "Your acknowledgment of service was received on 06/10/2026".

This is what paragraph 2 & 3 reads like at the moment, I've revised it in light of Gr1pr's feedback on narration, but I didn't fully understand what you meant by adding an ending to paragraph 2 as it seems to flow well using the template.

2. The allegation(s) are vague and liability is denied completely. 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 driver (a pregnant mother accompanied by her 3 little children) had attempted to pay for parking on the 25th of November but was unable to do so because the claimant’s website failed to work. A payment of £3.20 was made on the 26th of November for a stay on the 27th of November (since the website only allows payments for future stays) for the same duration as the vehicle had stayed on the 25th of November. Naturally, the vehicle had not entered the car park on the 27th of November. This had all been explained in the defendant’s appeal, which the claimant has refused with a template response.

Noted - I won't be making a counterclaim then.

Thanks for your help again!! :)

Gr1pr

Your paragraph 2 currently ends with keeper

Adding an ending means Adding facts to the end, such as

and driver

Or

but not the driver

Or

but does not know who was driving

The template defence does mention it ! It's not a difficult instruction , its common sense