In May 2021 I received a parkingeye ticket for an address I didn't particularly recognise, though may well have parked there. All their evidence was one picture of my car, no signage or anything to show it was a restricted area.
I appealed this and they didn't reply until October of that year with a "letter before action" claiming that the rejected this appeal and I didn't appeal to POPLA. I replied asking them requesting proof that they rejected this appeal as I never received anything.
Nothing came through until DCBL started chasing me for money. I have ignored them. They have put in a CCJ claim.
I wrote a defence which follows. I purely did this stating the above facts. I then plugged it into chatgpt asking for it's advise. Please can you let me know if either are "correct" and if not how to amend? Thanks!!
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Parkingeye sent me a picture of my car and claimed it was parked somewhere that wasn't allowed. There was no other information, complete details, pictures of signs or anything.
I appealed on 15/05/2021. The next I heard from them was In October of the same year they sent me a letter before action claiming they had rejected my appeal and I had not not further appealed to POPLA. I replied to them on 05/10/2021 telling them they had made no such contact, not to reject my appeal or anything else and requested they provided proof that they had. They failed to ever to reply to this.
I have been sent threatening letters by DCB in the subsequent time but I haven't engaged with them neither the proof to show the initial charge was valid nor the subsequent appeal was rejected was ever supplied. I don't see why I should have to go back and forth with various companies if the inital one won't even comply with reasonable requests?
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CHATGPT suggestion - --
Defence Statement
I, [Your Name], am the Defendant in this claim and submit the following defence in response to the Claimant's allegations:
The Claimant alleges that my vehicle was parked in contravention of their terms. However, they have failed to provide adequate evidence to substantiate their claim. The only information provided to me was a single image of my vehicle, without any supporting documentation, such as signage details, full entry/exit times, or proof of the alleged breach.
I appealed the Parking Charge Notice (PCN) on 15/05/2021. Contrary to the Claimant’s assertion, I never received a response rejecting my appeal or any instructions to escalate the matter to POPLA. The first correspondence I received after my appeal was a "Letter Before Action" in October 2021, where the Claimant falsely stated that my appeal had been rejected and that I had failed to escalate the matter.
On 05/10/2021, I responded to the Claimant, disputing their assertion that they had communicated a rejection of my appeal. I requested proof that such a response had been sent. The Claimant failed to provide any such proof and did not reply to my correspondence.
Since then, I have received multiple threatening letters from DCB Legal, yet the Claimant has never provided sufficient evidence to prove the alleged contravention occurred, nor that my appeal was properly considered and rejected.
I submit that the Claimant has failed to comply with the Pre-Action Protocol for Debt Claims, as they did not respond to my reasonable request for proof of their communications regarding the appeal. Their failure to engage in proper correspondence or provide sufficient evidence of the alleged breach suggests procedural unfairness and non-compliance.
Given these points, I deny liability for the alleged debt and request that the claim be dismissed on the grounds that:
The Claimant has failed to provide sufficient evidence of a valid parking contravention.
The Claimant did not follow due process in handling my appeal.
The Claimant has ignored reasonable requests for proof and failed to act in accordance with the Pre-Action Protocol.
I respectfully request that the Court dismiss the claim in its entirety.
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