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       #Post#: 132509--------------------------------------------------
       Re: Advice on Claim Form - DCB Legal Ltd
   DIR By: Majic3x
       Date: October 9, 2026, 5:22 am
       ---------------------------------------------------------
       --- Quote from: DWMB2 link ---
       >
       > Please be patient, this is a busy forum run entirely by
       volunteers. Sometimes replies will take a few days.
       >
       > If you can show us what you have drafted so far, this would be
       useful. You have hopefully been able to find some other defences
       by browsing the forum and use these for some inspiration. It
       would be useful to see some of the other information that the
       'READ THIS FIRST' post asks you to provide.
       >
       > Your defence should respond to the allegations in the
       particulars of claim. "There wasn't anywhere else to park" isn't
       a particularly strong defence - so it would be good to know how
       the charges came about, what steps you took to resolve the
       matter before it progressed to court, what your employer has
       said about the matter, etc.
       >
       > DCB Legal do often discontinue when a good defence is
       submitted, but the high value of this claim might tempt them...
       >
       --- End Quote ---
       Thanks for your reply and advice.
       I haven't drafted a defence yet as I've no experience with this,
       but I've been looking through similar cases on the forum.
       For some background, I was working as a doctor at the hospital
       during the period in question, including daytime and overnight
       on-call duties. Staff parking permits were oversubscribed and I
       wasn't able to obtain one. The designated staff parking spaces
       were also generally occupied. The charges arose from parking
       while attending work.
       I didn't appeal the original tickets or contact the hospital or
       parking company about them at the time.
       I appreciate that the parking circumstances aren't necessarily a
       defence in themselves, but I'm wondering whether the hospital
       employment and on-call arrangements might have any relevance.
       Looking at the Particulars of Claim, the eight charges are
       grouped together, referring only to "various sites" and a broad
       date range, without identifying the individual dates, locations
       or alleged breaches. Would this be worth challenging, along with
       the £1,200 claimed for the eight tickets?
       My understanding is that the defence deadline is Monday 12
       October, so I'm conscious that time is short.
       Any pointers on what I should focus on would be much
       appreciated. Thanks again.
       #Post#: 132510--------------------------------------------------
       Re: Advice on Claim Form - DCB Legal Ltd
   DIR By: jfollows
       Date: October 9, 2026, 5:25 am
       ---------------------------------------------------------
  HTML https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16#16.4<br
       /> says
       --- Quote ---
       > Contents of the particulars of claim
       > 16.4
       > (1) Particulars of claim must include—
       > (a)a concise statement of the facts on which the claimant
       relies;
       > (b)if the claimant is seeking interest, a statement to that
       effect and the details set out in paragraph (2);
       > (c)if the claimant is seeking aggravated damages(GL) or
       exemplary damages(GL), a statement to that effect and the
       grounds for claiming them;
       > (d)if the claimant is seeking provisional damages, a statement
       to that effect and the grounds for claiming them; and
       > (e)such other matters as may be set out in a practice
       direction.
       > (2) If the claimant is seeking interest they must—
       > (a)state whether they are doing so—
       > (i)under the terms of a contract;
       > (ii)under an enactment and, if so, which; or
       > (iii)on some other basis and, if so, what that basis is; and
       > (b)if the claim is for a specified amount of money, state—
       > (i)the percentage rate at which interest is claimed;
       > (ii)the date from which it is claimed;
       > (iii)the date to which it is calculated, which must not be
       later than the date on which the claim form is issued;
       > (iv)the total amount of interest claimed to the date of
       calculation; and
       > (v)the daily rate at which interest accrues after that date.
       --- End Quote ---
       so definitely worth challenging in part in your defence if they
       don’t do this.
       The other aspect of your defence could be based on the original
       notices from Parking Eye, but I presume you don't have these
       because they're not posted here. Parking Eye is reasonably
       compliant with the requirements of the legislation to transfer
       liability from the driver to the registered keeper if the former
       has not been identified.
       Hospitals tend to contract out parking and have little to do
       with it when they do. Parking Eye will collect the money paid
       for parking and hand it over to the hospital, who will have to
       cater for VAT, but Parking Eye gets pretty much carte blanche to
       pursue anyone breaking its rules, based on the driver reading
       the signs and entering into a contract. This is usually the only
       money Parking Eye gets, it won't get a fee for managing the car
       parks and will hand over all the money collected. So I'm not
       sure how hospital terms of employment would apply here - unless
       there is some kind of explicit statement.
       #Post#: 132614--------------------------------------------------
       Re: Advice on Claim Form - DCB Legal Ltd
   DIR By: Majic3x
       Date: October 10, 2026, 7:32 am
       ---------------------------------------------------------
       Thanks again for the advice so far.
       I've now put together a draft defence, along with a proposed
       draft order, based on some similar cases I've found.
       I've focused mainly on the lack of detail in the Particulars of
       Claim, but also included a couple of points regarding
       contractual liability and the amounts claimed.
       I'd really appreciate it if someone could have a look and let me
       know whether anything needs changing or strengthening before I
       submit it.
       I'm conscious that my deadline is Monday 12 October, so any
       feedback would be greatly appreciated.
       Both drafts are below. Many thanks!
       ------
       DEFENCE
       # IN THE COUNTY COURT
       **Claim No:** [CLAIM NUMBER]
       **Between:**
       [CLAIMANT] — Claimant
       and
       [DEFENDANT] — Defendant
       # DEFENCE
       1. The Defendant denies liability for the claim in its entirety.
       The Defendant asserts that no debt is owed to the Claimant. The
       claim is without merit and does not disclose a sufficiently
       particularised cause of action.
       2. There is a lack of precise detail in the Particulars of Claim
       (PoC) in respect of the factual and legal allegations made
       against the Defendant such that the PoC do not comply with CPR
       16.4.
       3. The Defendant is unable to plead properly to the PoC because:
       (a) The alleged conduct by which the contract was formed is
       not sufficiently detailed in accordance with CPR PD 16(7.5);
       (b) The PoC do not state the exact wording of the clause (or
       clauses) of the terms and conditions of the contract (or
       contracts) which is/are relied on;
       (c) The PoC do not state with sufficient particularity
       exactly where each alleged breach occurred, the exact date and
       time when each breach occurred and how long it is alleged that
       the vehicle was parked before each parking charge was allegedly
       incurred. The eight alleged contraventions are grouped together,
       referring only to "various sites" and a broad date range between
       09/05/2023 and 17/10/2023;
       (d) The PoC do not state exactly how the sum claimed is
       calculated in respect of each individual PCN, including the
       basis for any damages or additional charges;
       (e) The PoC do not state what proportion of the £1,200
       claimed represents the original parking charges and what
       proportion represents damages or other charges, nor do they
       explain how the stated daily interest rate of £0.13 has been
       calculated;
       (f) The PoC pursue the Defendant as the driver or,
       alternatively, as the keeper of the vehicle, without
       sufficiently particularising the factual basis of the alleged
       liability in respect of each parking charge.
       4. The Claimant, who is legally represented, could have complied
       with CPR 16.4 had it served separate detailed Particulars of
       Claim [as it could have done pursuant to CPR PD 7C.5.2(2)] but
       it chose not to do that.
       5. Further, the Defendant does not admit that an enforceable
       parking contract arose on each alleged occasion, or that any
       identified contractual term was breached. The Claimant is
       required to prove the contractual terms and signage in force at
       each location, that the terms were adequately brought to the
       driver's attention, the alleged breaches and the Claimant's
       authority to enter into and enforce such contracts.
       6. The Defendant disputes the sum claimed, including any
       additional damages or debt recovery charges insofar as these
       exceed the original parking charges and are not legally
       recoverable. The Claimant is required to establish the
       contractual or legal basis for such additional sums and the
       calculation of the interest claimed.
       7. The Defendant submits that, in accordance with the overriding
       objective, the court should consider it disproportionate to
       allot to this case any further share of court resources by
       ordering further PoC and a further defence, each of which may
       require further referrals to the judge for case management.
       8. The correct course of action is for the court to strike out
       the claim under CPR 3.4 due to the legally represented
       Claimant's clear and material failure to comply with CPR 16.4.
       The rules exist to ensure fairness, and the Claimant's
       non-compliance should not be overlooked.
       9. However, in the event that the court does not agree to strike
       out the claim for the Claimant's failure to comply with CPR
       16.4, the Defendant has attached to this defence a proposed
       draft order which the Defendant invites the allocating judge to
       consider, so that the Defendant can know and understand the case
       which they face and respond properly to the claim, with
       permission to amend the defence accordingly.
       ## 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:** ______________________
       -----
       PROPOSED DRAFT ORDER
       # IN THE COUNTY COURT
       **Claim No:** [CLAIM NUMBER]
       **Between:**
       [CLAIMANT] — Claimant
       and
       [DEFENDANT] — Defendant
       # PROPOSED DRAFT ORDER
       Of the Court's own initiative and upon reading the Particulars
       of Claim and the Defence AND the Court being of the view that
       there is a lack of precise detail in the Particulars of Claim in
       respect of the factual and legal allegations made against the
       Defendant such that the Particulars of Claim do not comply with
       CPR 16.4.
       **It is Ordered that:**
       **1.** Unless the Claimant does, within 14 days of service of
       this order, file at court and serve on the Defendant further
       Particulars of Claim which comply with CPR 16.4 and which set
       out:
       (i) the precise and concise factual allegations it makes against
       the Defendant; and
       (ii) the factual or legal [or both] basis of its claim; and
       (iii) exactly how its claim is calculated (if there is a claim
       for a fixed sum);
       then the claim shall be struck out.
       **2.** For the avoidance of doubt the further Particulars of
       Claim must:
       (a) refer to and have attached to them (clearly marked "A")
       copies of the signage and contractual terms relied upon as
       forming the contract (or contracts) between the Claimant and
       Defendant;
       (b) set out the exact wording of the clause (or clauses) of the
       terms and conditions of the contract (or contracts) which is (or
       are) relied on;
       (c) have attached to them (clearly marked "B") a copy of each of
       the Parking Charge Notices (PCNs) which forms the basis of this
       claim;
       (d) state by what method each of the PCNs was first brought to
       the attention of the Defendant. For example, attaching it to the
       Defendant's vehicle or sending it by post;
       (e) in respect of each alleged breach of contract, set out the
       reason (or reasons) why the Claimant asserts that the Defendant
       was in breach of contract;
       (f) in respect of each alleged breach of contract, set out (i)
       the full postal address of where the breach took place and (ii)
       the precise date and time of the alleged breach and (iii)
       exactly how long it is alleged that the vehicle was parked
       before the parking charge was incurred;
       (g) state, in respect of each PCN sued on, whether the claim is
       (or is not) brought under the Protection of Freedoms Act 2012;
       (h) in respect of each alleged breach of contract, state whether
       the Defendant is sued as the driver of the vehicle or the keeper
       of the vehicle;
       (i) where the Claimant relies on alternative bases of liability
       as driver or keeper, specify the factual and legal basis for
       each in respect of each PCN;
       (j) state what amount of the claim is for non-payment of the PCN
       (or PCNs) and what amount is for additional damages, charges or
       costs;
       (k) explain the factual or legal (or both) basis of the claim
       for any amount claimed which is not for non-payment of the PCN
       (or PCNs);
       (l) set out a precise calculation of the claim for statutory
       interest up to the date of issue, including the date interest
       started running, and explain the calculation of the daily
       interest rate claimed thereafter.
       **3.** The Defendant shall have permission to file and serve an
       amended Defence within 14 days of service of the further
       Particulars of Claim.
       **4.** Permission to either party to apply to set aside, vary or
       stay this order by an application on notice within 7 days of
       service of this order, unless the Court directs otherwise.
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