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#Post#: 65789--------------------------------------------------
DCBL: Plenty of threatening letters, but where's the PCN from
Britania PG Ltd?
DIR By: Eryobotrya
Date: April 5, 2025, 12:40 pm
---------------------------------------------------------
Their letter dated 31st May was our first clue that we might
have a fight on our hands. Several more followed - all ignored
to date, and all available for viewing at the attached link
below. But we have no record of ever having received a PCN from
Britannia. I don't appreciate being denied the opportunity of a
POPLA appeal.
Briefly, it was dark when we parked, none of the party saw any
signage, and I'll be returning to the scene of the 'crime' soon
to take some fotos of what we apparently missed.
AOS has been lodged in reply to the N1. I think we have about
10-12 days left for filing a defense. Question is, do we have
one? Would appreciate some guidance on how to proceed from here.
HTML https://imgur.com/a/uftOTaN
#Post#: 65808--------------------------------------------------
Re: DCBL: Plenty of threatening letters, but where's the PCN
from Britania PG Ltd?
DIR By: jfollows
Date: April 5, 2025, 3:56 pm
---------------------------------------------------------
It probably doesn’t matter.
File a defence based on what you’ve posted above, attend the
useless but mandatory mediation call in which you offer £0 to
settle, follow the process and DCB Legal will withdraw before
the date on which they have to pay the court fee.
DCB Legal will also try and call you in increasingly desperate
attempts to settle for >£0. Block their number and don’t talk to
them.
Plenty of similar examples documented here.
Note that DCBL are debt collectors whereas DCB Legal are
lawyers.
#Post#: 65882--------------------------------------------------
Re: DCBL: Plenty of threatening letters, but where's the PCN
from Britania PG Ltd?
DIR By: Eryobotrya
Date: April 6, 2025, 5:04 pm
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So no need for signage fotos then?
#Post#: 65899--------------------------------------------------
Re: DCBL: Plenty of threatening letters, but where's the PCN
from Britania PG Ltd?
DIR By: H C Andersen
Date: April 7, 2025, 3:33 am
---------------------------------------------------------
You might as well make your research as thorough as you can, so
photos would be useful as well as you confirming that the
address used on the correspondence you have received is the same
as that on the V5C.
#Post#: 66007--------------------------------------------------
Re: DCBL: Plenty of threatening letters, but where's the PCN
from Britania PG Ltd?
DIR By: b789
Date: April 7, 2025, 1:10 pm
---------------------------------------------------------
With an issue date of 19th March, you have until 4pm today,
Monday 7th April to submit your defence. If you have already
submitted an Acknowledgement of Service (AoS), you would then
have until 4pm on Tuesday 22nd April to submit your defence.
If you want to submit an AoS then follow the instructions in
this linked PDF but do it right now:
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
Otherwise, here is the defence and link to the draft order that
goes with it. You only need to edit your name and the claim
number. You sign the defence by typing your full name for the
signature and date it. There is nothing to edit in the draft
order.
When you're ready you combine both documents as a single PDF
attachment and send as an attachment in an email to
claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim
number must be in the email subject field and in the body of the
email just put: "Please find attached the defence and draft
order in the matter of Britannia Parking Group Ltd v [your full
name] Claim no.: [claim number]."
--- Quote ---
>
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> Britannia Parking Group Ltd
> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> DEFENCE[/center]
>
> 1. The Defendant denies the claim in its entirety. The
Defendant asserts that there is no liability to the Claimant and
that no debt is owed. The claim is without merit and does not
adequately disclose any comprehensible 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:
>
> [indent](a) The contract referred to is not detailed or
attached to the PoC 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 adequately set out the reason (or reasons)
why the claimant asserts the defendant has breached the contract
(or contracts)
>
> (d) 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;
>
> (e) The PoC do not state precisely how the sum claimed is
calculated, including the basis for any statutory interest,
damages, or other charges;
>
> (f) The PoC do not state what proportion of the claim is the
parking charge and what proportion is damages;
>
> (g) The PoC do not provide clarity on whether the Defendant is
sued as the driver or the keeper of the vehicle, as the claimant
cannot plead alternative causes of action without
specificity.[/indent]
>
> 4. The Defendant attaches to this defence a copy of a draft
order approved by a district judge at another court. The court
struck out the claim of its own initiative after determining
that the Particulars of Claim failed to comply with CPR 16.4.
The judge noted that the claimant had failed to:
>
> [indent](i) Set out the exact wording of the clause (or
clauses) of the terms and conditions relied upon;
>
> (ii) Adequately explain the reasons why the defendant was
allegedly in breach of contract;
>
> (iii) Provide separate, detailed Particulars of Claim as
permitted under CPR PD 7C.5.2(2).
>
> (iv) The court further observed that, given the modest sum
claimed, requiring further case management steps would be
disproportionate and contrary to the overriding objective.
Accordingly, the judge struck out the claim outright rather than
permitting an amendment.[/indent]
>
> 5. The Defendant submits that the same reasoning applies in
this case and invites the court to adopt a similar approach by
striking out the claim for the Claimant’s failure to comply with
CPR 16.4.
>
> 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/tcewefk7daozuje25chkl/Strikeout-order-v2.pdf?rlkey=wxnymo8mwcma2jj8xihjm7pdx&st=nbtf0cn6&dl=0
If you follow the advice, DCB Legal will, in due course,
discontinue if it is not struck out first.
#Post#: 66016--------------------------------------------------
Re: DCBL: Plenty of threatening letters, but where's the PCN
from Britania PG Ltd?
DIR By: H C Andersen
Date: April 7, 2025, 3:26 pm
---------------------------------------------------------
This approach does work, but there is at least one current
thread to the contrary.
I suggest you prepare for an alternative outcome, so your
suggestion to research the circumstances at the site seems
prudent.
Edit:
Just picking up on the use of terms:
But we have no record of ever having received a PCN from
Britannia.
it was dark when we parked,
For clarity, is the claim against an individual or another form
of legal entity?
#Post#: 66357--------------------------------------------------
Re: DCBL: Plenty of threatening letters, but where's the PCN
from Britania PG Ltd?
DIR By: Eryobotrya
Date: April 9, 2025, 2:03 pm
---------------------------------------------------------
AoS already filed, but thx for the advice re. deadlines. And the
draft defence, which I've only just noticed. I usually get
notifications, but there were none this time.
We are private individuals. I used "we" to avoid identifying the
driver. I am the registered keeper of the vehicle.
Fotos of signage here:
HTML https://imgur.com/a/Vqcp2KA
Not sure how much they will assist our cause though. They're
plastered all over the place - easy enough to see in broad
daylight, but we somehow managed to miss them all in the dark.
Then again, we didn't go looking for them either. Last time we
visited this car park in May 2022 to celebrate a significant
birthday, there were no signs in evidence - at least, to the
best of our recollection.
#Post#: 66361--------------------------------------------------
Re: DCBL: Plenty of threatening letters, but where's the PCN
from Britania PG Ltd?
DIR By: b789
Date: April 9, 2025, 2:16 pm
---------------------------------------------------------
Doesn't matter at this stage. Your defence is pleading no
defence because the claimant hasn't complied with CPR 16.4. If
this were ever to reach a hearing stage (high unlikely), then
you could respond to their witness statement and use all what
you remember to refute anything they try to claim.
For now, just wait for the response from DCB Legal that they
have reviewed your defence and that their client intends to
continue. It's all boilerplate stuff from here on in.
#Post#: 66559--------------------------------------------------
Re: DCBL: Plenty of threatening letters, but where's the PCN
from Britania PG Ltd?
DIR By: Eryobotrya
Date: April 10, 2025, 5:43 pm
---------------------------------------------------------
No defence? Wow! Had no idea that your draft defence was not a
defence. Ok, thx b789.
Since this car park doesn't actually charge for parking (you're
only required to register your car registration # with the Meze
bar or restaurant, as mentioned in the PoC), can I assume that
3(f) of your draft defence doesn't apply in this instance? In
which case, I should delete it, right?
#Post#: 66560--------------------------------------------------
Re: DCBL: Plenty of threatening letters, but where's the PCN
from Britania PG Ltd?
DIR By: Eryobotrya
Date: April 10, 2025, 5:53 pm
---------------------------------------------------------
PS: I think the signage says pretty much the same thing - ie,
log your registration # at reception, etc.
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