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#Post#: 48085--------------------------------------------------
County Court Letter for Parking Eye PCN
DIR By: s2324
Date: December 3, 2024, 12:17 pm
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Hi guys.
I received a county court letter on Saturday for a Parking Eye
PCN from Preston Hospital, Public G. It says it is from 24th
March 2024. I never received any PCN from them or any other
letter. I'm pretty sure the ticket machine wasn't working that
day, I can't remember correctly as it's been a long time, but I
remember there was a few other cars in the car park, and none of
them had bought and displayed a ticket. I didn't really pay
attention to any of the signs, and its pretty far from me so I
cant go back and look. I tried checking on google maps, but its
old and the signs are blurred out.
I've done the AoS on the MCOL just now, but have no idea how I'm
meant to put together the defence.
I've attached the PoC I received. Please could someone help me,
thank you.
[attachment deleted by admin]
#Post#: 48092--------------------------------------------------
Re: County Court Letter for Parking Eye PCN
DIR By: b789
Date: December 3, 2024, 12:34 pm
---------------------------------------------------------
That is a DCB Legal issued claim on behalf of Parking Eye. If PE
thought they had a chance in court, they'd have issued the claim
themselves, not through DCB Legal.
What is the issue date of the claim? Having submitted the
Acknowledgement of Service within 14 days of service (5 days
plus any non-working days from the date of issue), you then have
5 days plus 28 days plus any non-working days to submit your
defence.
As it is a DCB Legal issued claim, as long as it is defended, I
can say with greater than 99% certainty that they will
eventually discontinue, some time early next year. Nobody who is
here receiving advice and following it, will ever pay a penny to
the operator for a claim under £600.
For the defence simply send the following plus the draft order
and two transcripts. You only need to edit your name, the claim
number and sign it by typing your full name for the signature.
There is nothing to edit in the draft order. When ready, attach
both documents as PDF files to an email addressed to
claimresponses.cnbc@justice.gov.uk and CC in yourself. Make sure
that the email subject contains the claim number. In the body of
the email put "Please find attached the defence and draft order
in the matter of ParkingEye Ltd v [your full name] Claim No.:
[claim number]".
--- Quote ---
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> [Claimant's Full Name]

> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> DEFENCE[/center]
>
>
> 1. The Defendant denies any liability for this claim.
>
> 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(1)(a).
>
> 3. The Defendant is unable to plead properly to the PoC
because:
>
> [indent](a) The Particulars of Claim fail to comply with CPR
16.4(1)(a), lacking specific terms allegedly breached, the
signage locations, or details of the breach. This prevents the
Defendant from properly pleading a defence, and the claim should
be struck out under CPR 3.4. The Defendant cites CEL v Chan 2023
[E7GM9W44] and CPMS v Akande 2024 [K0DP5J30], where similarly
vague claims were struck out. Should the court not strike out
the claim, the Defendant refers to the draft order in paragraph
4.
>
> (b) The contract referred to is not detailed or attached to
the PoC in accordance with CPR PD 16(7.5);
>
> (c) 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;
>
> (d) The PoC do not set out the reason (or reasons) why the
claimant asserts the defendant has breached the contract (or
contracts);
>
> (e) The PoC do not state with sufficient particularity exactly
where the breach occurred, the exact time when the breach
occurred and how long it is alleged that the vehicle was parked
before the parking charge was allegedly incurred;
>
> (f) The PoC do not state exactly how the claim for statutory
interest is calculated;
>
> (g) The PoC do not state what proportion of the claim is the
parking charge and what proportion is damages;
>
> (h) The PoC states that the Claimant is suing the defendant as
the driver or the keeper. The claimant obviously knows whether
the defendant is being sued as the driver or the keeper and
should not be permitted to plead alternative causes of
action.[/indent]
>
> 4. The Defendant has attached to this defence a copy of an
order made at another court which the allocating judge ought to
make at this stage so that the Defendant can then know and
understand the case which he/she/it faces and can then respond
properly to the 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:
--- End Quote ---
Draft order for the defence
HTML https://www.dropbox.com/scl/fi/z8zcqfdncdoajgj4ag6a4/short-defence-order.pdf?rlkey=at98xmfwj0ehi3w9d0ia15ogp&st=rg3m5xjv&dl=0
Transcript of CEL v Chan
HTML https://www.dropbox.com/scl/fi/nb9ypbecuurpmln00dily/CELvChan-appeal-transcript.pdf?rlkey=7mpuvpmpe45s2zbhch21om1ez&st=cb03gae6&dl=0
Transcript of CPMS v Akande
HTML https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&st=k0sb5u43&dl=0
#Post#: 48094--------------------------------------------------
Re: County Court Letter for Parking Eye PCN
DIR By: s2324
Date: December 3, 2024, 12:41 pm
---------------------------------------------------------
The issue date of the claim is 28th November 2024.
So for the defence, do I not do it on the MCOL portal and just
send those PDFs as an email?
Thank you for your help
#Post#: 48097--------------------------------------------------
Re: County Court Letter for Parking Eye PCN
DIR By: b789
Date: December 3, 2024, 12:50 pm
---------------------------------------------------------
Apart from submitting your AoS, you do not use the MCOL portal
for anything else except to check your history. The defence and
anything else is submitted as a PDF attachment to an email.
Eventually, the case will be transferred to your local county
court and that will be the end of your need to refer to MCOL.
#Post#: 48805--------------------------------------------------
Re: County Court Letter for Parking Eye PCN
DIR By: s2324
Date: December 7, 2024, 4:13 pm
---------------------------------------------------------
I have just sent that email off, once again thank you for your
help.
Is there any specific proof I should keep of my email? and is
there anything further for me to do on the MCOL portal?
Thank you
#Post#: 48810--------------------------------------------------
Re: County Court Letter for Parking Eye PCN
DIR By: b789
Date: December 7, 2024, 5:19 pm
---------------------------------------------------------
Your email in he sent folder is your proof of posting. The
headers in that email and copy you CCd to yourself are evidence
of having sent it and it being received by the recipient.
#Post#: 48843--------------------------------------------------
Re: County Court Letter for Parking Eye PCN
DIR By: s2324
Date: December 8, 2024, 5:07 am
---------------------------------------------------------
Ok thank you.
What are the next steps I should be expecting now?
#Post#: 48870--------------------------------------------------
Re: County Court Letter for Parking Eye PCN
DIR By: b789
Date: December 8, 2024, 7:47 am
---------------------------------------------------------
You'll receive a response from DCB Legal statin that after
reviewing your defence their client intends to proceed. You'll
also receive a copy of their N180 Directions Questionnaire (DQ)
which you can just file.
Eventually, you will receive your own DQ from the CNBC. Having
received your own N180 (make sure it is not simply a copy of the
claimants N180), do not use the paper form. Ignore all the other
forms that came with it. you can discard those. Download your
own here and fill it in on your computer. You sign it by simply
typing your full name in the signature box.
HTML https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track
Here are the answers to some of the less obvious questions:
The name of the court is "Civil National Business Centre".
To be completed by "Your full name" and you are the "Defendant".
C1: "YES"
D1: "NO". Reason: "I wish to question the Claimant about their
evidence at a hearing in person and to expose omissions and any
misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking
case paperwork for a living, having this case heard solely on
papers would appear to put the Claimant at an unfair advantage,
especially as they would no doubt prefer the Defendant not to
have the opportunity to expose the issues in the Claimants
template submissions or speak as the only true witness to events
in question."
F1: Whichever is your nearest county court. Use this to find it:
HTML https://www.find-court-tribunal.service.gov.uk/search-option
F3: "1".
When you have completed the form, attach it to a single email
addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk
and CC in yourself. Make sure that the claim number is in the
subject field of the email.
Eventually, the claim will be assigned to your local county
court. In due course, DCB Legal will discontinue. Don't try to
overthink it. They just do.
#Post#: 49087--------------------------------------------------
Re: County Court Letter for Parking Eye PCN
DIR By: s2324
Date: December 9, 2024, 1:04 pm
---------------------------------------------------------
Thank you for that.
So we definitely don't do anything further on MCOL? Out of
curiosity I clicked the start defence button and it gives you an
option to submit defence there too. How come we send it over
email and not the portal? I just don't want to do anything
wrong.
Thank you
#Post#: 49089--------------------------------------------------
Re: County Court Letter for Parking Eye PCN
DIR By: DWMB2
Date: December 9, 2024, 1:06 pm
---------------------------------------------------------
The portal limits you to 120 lines (roughly, can't remember the
exact number), and removes any formatting you might input.
It's no good for anything longer than a few lines.
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