Free Traffic Legal Advice

Welcome. We only need to see the first page of the claim. The other forms you can dispose of and you may want to delete the images of those on this thread to make it slightly more manageable.

With an "issue date" of 10th September, you have until Sunday 29th September to submit the Acknowledgement of Service (AoS) through the MCOL website. There is no advantage to delaying the AoS but do not miss the deadline for doing so.

Once the AoS has been submitted, you them have until 4pm on Monday 14th October to submit your defence. That's plenty of time to prepare. For now, follow the advice in the linked PDF on how to submit your AoS. Under no circumstances use the defence text box on MCOL. Do not put even a comma in there as that would be the sum total of your defence.

The defence will be submitted as a PDF attachment to an email. Once we've had a chance to look at the claim, we can assist in preparing a defence to the claim. As it has been filed by DCB Legal, I would put money on the claim eventually being discontinued before any hearing.

You are correct with your assessment that this a scam. However, you are not dealing with normal humans.

Here are a couple of threads with a much more complex claim that includes the defences we provide and also the witness statement:

https://www.ftla.uk/private-parking-tickets/vcs-bristol-airport-missed-failed-appeal-email-170-demand-for-payment/

https://www.ftla.uk/private-parking-tickets/received-two-pcns-from-april-2023-with-legal-and-court-fees-on-top-but-1256/

Are you saying that this link to the PDF advice on how to do the AoS on MCOL does not work?

https://www.dropbox.com/scl/fi/r7pj2q44de5r7dg97yi83/money-claim-online-How-to-Acknowledge.pdf?rlkey=9y9gfemyylmprpjfdimw49qpk&st=136161m2&dl=0

If not, what error message or problem are you getting?

Don't try and read it in DropBox. Download it to your computer/device and open it there.

IN THE COUNTY COURT

Claim No: [Claim Number]

BETWEEN:

[Claimant's Full Name]

Claimant

- and -

[Defendant's Full Name]

Defendant

---

DEFENCE

1. The Defendant denies any liability for this claim.
 The Defendant has no specific recollection of the parking details from the visit over five years ago but believes they would have complied with any requirements for paying customers and, given the passage of time and lack of adequate particulars in the claim, is unable to provide further details.

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:

(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 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 exactly how the claim for statutory interest is calculated;

(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;

(g) 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.

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: