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#Post#: 70710--------------------------------------------------
ParkMaven - DCB Legal - Parking in a private car park with Blue
Badge - Court Claim Received
DIR By: ChocCustardCake
Date: May 9, 2025, 11:54 am
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Hi all,
I've submitted a AOS via MCOL but just wanted to get some advice
on the defence of my claim.
I parked in a car park in a disabled bay and it wasn't at all
stated on the signs that I need to pay for parking there as far
as I recall. This happened a few months back but now I'ved
received a MCOL claim for which I've submitted a AOS as stated
in some of the threads.
I was just wondering whether someone can guide me on next steps.
I was a member of another forum but that seems to have closed
down so hoping someone here can help.
Advanced notice ---- Really appreciate any guidance as not very
good with computers or email so please be a little patient with
me. I've attached the claim form as received thanks
Thanks
Choc
[attachment deleted by admin]
#Post#: 70712--------------------------------------------------
Re: ParkMaven - DCB Legal - Parking in a private car park with
Blue Badge - Court Claim Received
DIR By: jfollows
Date: May 9, 2025, 12:10 pm
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What the signs say might be key, there is no reason for private
land to give free parking to people who park in disabled bays,
whether or not they hold and display blue badges.
You say that the signs didn’t state that you had to pay, but the
counter-argument is that if they didn’t state that you don’t
have to pay, then you do have to pay.
However, please read
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/<br
/>and post what you can, especially the orignal notice you
received. There may be other reasons why you don’t need to pay,
but without this we’re guessing and can’t advise you properly.
#Post#: 70715--------------------------------------------------
Re: ParkMaven - DCB Legal - Parking in a private car park with
Blue Badge - Court Claim Received
DIR By: ChocCustardCake
Date: May 9, 2025, 12:26 pm
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Thanks for reply.
I don't have the other documents anymore. I am very far from
location but I can try to ask someone to send picture of the
sign
Can I appeal against DCB still using template or it's not
possible? The hotel was aware I was parking there and I asked
one of the workers and he said it was fine to park there if I
display my badge
#Post#: 70718--------------------------------------------------
Re: ParkMaven - DCB Legal - Parking in a private car park with
Blue Badge - Court Claim Received
DIR By: jfollows
Date: May 9, 2025, 12:33 pm
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If it was a hotel car park, then you should ask the hotel to get
this cancelled for you on the basis that you were told to park
and display your badge.
If they won’t do so, then it is part of your defence which you
will file.
DCB Legal tends to withdraw from defended court claims before
having to pay the fee. So follow the process and submit a
defence, which you should post here for comment first.
#Post#: 70721--------------------------------------------------
Re: ParkMaven - DCB Legal - Parking in a private car park with
Blue Badge - Court Claim Received
DIR By: ChocCustardCake
Date: May 9, 2025, 12:37 pm
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I contacted the hotel and they said to email them which I have.
Will they contact Parkmaven now and will I need to inform the
court of this?
Thanks
#Post#: 70732--------------------------------------------------
Re: ParkMaven - DCB Legal - Parking in a private car park with
Blue Badge - Court Claim Received
DIR By: b789
Date: May 9, 2025, 1:56 pm
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If a claim has been issued, it is no good trying to get the
hotel to get it cancelled. The only thing you need to concern
yourself with now, is defending the claim.
With an issue date of 23rd April, you had until 4pm on Monday
12th May to submit your defence. Having submitted an
Acknowledgement of Service (AoS) before then, you now have until
4pm on Tuesday 27th May to submit your defence.
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 ParkMaven Ltd v [your full name] Claim
no.: [claim number]."
--- Quote ---
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> ParkMaven 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
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