Free Traffic Legal Advice

Hi all,

I need some help with my current situation.

In mid July of 2024, I received a 'Letter of Claim' in the post from DCB Legal acting on behalf of Parkmaven Limited for an 'unpaid parking charge notice(s) (PCN)'. The letter was dated 26th June 2024.

The alleged date of the infringement was 15th December 2023 with the reason stated as 'No valid parking session'. I had purchased a parking space via 'Your Parking Space' website from 13th December until 15th of December 18:00 and I have email proof of this.

I emailed DCB Legal on 21st of July 2024 with an email template I found online from Money Saving expert which basically confirms my address and disputes the PCN issued (see the code block below).


The alleged debt is disputed and any court proceedings will be vigorously defended.
I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').
I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".
Don't send me your usual blather about that.

On the date of the alleged infringement, I had a fully valid parking space booked via “Your parking space” website.


I have two questions, and under the PAP I am entitled to specific answers:
Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?
With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?
I received an automated response and then a few days later, 23rd of July, a Litigation Support Associate from DCB emailed me asking to confirm my details for security reasons which I failed to do as I simply missed the email.

Fast forward to present day, I have received a letter from 'HM Courts & Tribunal Service' saying that I owe money to someone and that I could get a CCJ if I dont respond promptly with the attached form. I just want to get this resolved as quickly as possible but £270 is ludacris amount of money. I actually plan to go abroad on a sabbatical for a few months so this has been quite a bummer to find out 48 hours

My questions are as follows,

1. Is it too late/futile to respond to the email from 23rd of July with the requested details?
2. Given that I have proof of my parking session (email receipt) I plan to contest the PCN and the claim so should I just be filling out the defence form
3. Shall I fill out the 'Acknowlegment of Service' form to give myself extra time (14 days ->28 days)?


Thanks in advance.

I had purchased a parking space via 'Your Parking Space' website

Oh dear, YPS have form for selling parking on car parks on which they have no relationship with the enforcement company. Might be worth checking the T & Cs on the YPS website, there was a case recently where YPS expected the motorist to tell the hotel receptionist they had booked through YPS so it could be logged with the private parking company, it wasn't done automatically.

It's possible Parkmaven have no relationship with YPS so your proof of payment may not be valid, worth checking that out before relying on it for defence when you get to submitting that.

Don't fret. If you follow the advice, this will end with a discontinuation.

With an issue date of 28th January, you have until 16th February to submit an Acknowledgement of Service (AoS). Follow the instructions in this linked PDF to submit your AoS.

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

By submitting the AoS, you then have until 4pm on Monday 3rd March to submit a defence.

When you have submitted the AoS, come back and we will provide instructions on how to submit a suitable defence.

In answer to your questions:

1. Why have you only left it until now to try and get 'Your Parking Space' involved? I seriously doubt they will be much use as ParkMaven have instructed DCB Legal to start litigation. You can still try and find out what went wrong with their system but, to behest, it is not going to make much difference in this case as DCB Legal will discontinue in due course.

2. No, HMCTS (Her Majesty’s Courts and Tribunals Service) does not routinely send legal documents via email unless expressly permitted by the court. Court documents, including claim forms, directions, and judgments, are typically served by post to the address provided in the court proceedings.

However, you may request email correspondence by writing to the court, but this is at the court’s discretion. The best approach is:


Option (b) is probably the best if it can be arranged.

3. Don't bother responding to a two year old email from DCB Legal. They will receive a copy of your defence from the CNBC and will respond stating that they have received it and intend to continue. If you do want to make sure you only receive email correspondence from DCB Legal, the email them at info.dcblegal.co.uk and give them your email contact and the claim number. Don't give them your phone number as they will be a nuisance as the claim hearing date nears and they want to settle. (don't settle. They will discontinue).

I will come back with a suitable defence over the next few days. The one we have been using has now been amended and I just need to clarify a few details with the judge who is advising me.

TO be honest, as long as you have someone who can open your mail back home and email you a copy if it is important, the you can easily deal with it whilst abroad. As I mentioned, as long as the claim is defended, it will be discontinued.

The only requirement will be to "attend" a mediation phone call where you offer £0 and it is over within minutes. It is not part of the judicial process so does not involve any judge or solicitor. When you receive the invitation for the mediation phone call, you can give them your foreign number.

With it being DCB Legal who are involved, they'll almost certainly discontinue anyway, regardless of the actual merits of your case.

Whilst we can't offer any guarantees, the following thread from our friendly neighbours on MSE will show you why we're confident about this: DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

@b789, yhh I'll be honest, I did start to think that I'd lose the case after finding out about why the PCN was issued but happy to stick with the process. @DWMB2 and you have convinced me that I can actually come out on top

You have until Monday 3rd March to submit your defence. However, thank you for reminding us that we haven't yet provided it.

Here is the defence and link to the draft order and relevant transcripts that go with it. You only need to edit the claimant's name (as it appears on the claim form), 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 send both the documents as a single PDF attachment (in the order of 'defence', 'draft order') 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]."

IN THE COUNTY COURT

Claim No: [Claim Number]

BETWEEN:

ParkMaven Ltd
Claimant

- and -

[Defendant's Full Name]

Defendant

---

DEFENCE

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:

(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.

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:

(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.

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:

Draft Order for the defence