Author Topic: DCB Legal – Unpaid Parking Charge 5 Years Old  (Read 3890 times)

0 Members and 127 Guests are viewing this topic.

Re: DCB Legal – Unpaid Parking Charge 5 Years Old
« Reply #30 on: »
Hi DWMB2,

Did you get the linked files ok? If so I'd like to make the link inactive now.

I'm a little worried about the deadline and how / what defence should be submitted – given I submitted the suggested defence already.

Thanks.

Re: DCB Legal – Unpaid Parking Charge 5 Years Old
« Reply #31 on: »
Hi,

I managed to log in to the Money Claim Online portal. There is no evidence the defence has been received. It reads as follows:

Claim History
DQ filed by claimant on 30/07/2025
You filed a DQ on 09/09/2025
Your claim was transferred to GUILDFORD on 11/10/2025

Here is a link to the screenshot:
https://www.dropbox.com/scl/fi/0eq95nnaafy7ram9mow1w/Claim-History.jpg?rlkey=g6v1h9yf14hbzvuchw4jantrp&dl=0

Should I submit the existing template defence & our draft order again? If so what is the best way to do this?

Re: DCB Legal – Unpaid Parking Charge 5 Years Old
« Reply #32 on: »
Quote
There is no evidence the defence has been received.
Yes there is, the screenshot says "You have submitted a defence or part admission".

Can you show us (via Google Maps link ideally) where the car park in question is? The one I think I found, there's a potential argument to be made on the quality of the signage. Can you also show us the full letter you received requiring you to submit a "full defence"?

The full defence needn't be lengthy, but it should address in turn each of G24's allegations. The defence should be your own words, but here are some examples of points you may wish to address:

1. It is denied that the defendant is indebted to the claimant.

2. The defendant is unable to admit or deny that they were the driver, due to having little recollection the alleged event due to the significant time taken for the claimant to issue the claim, but they require the claimant to prove this.

3. The defendant is unable to admit or deny that a term was breached, however, it is denied that a contract was formed between the driver and the claimant. The alleged contractual terms were not prominently displayed at the site, failing to meet the standards required by the relevant industry codes of practice, and failing to provide the driver with adequate notice of any contractual obligations by which they would be bound. The Claimant is put to strict proof with contemporaneous photographs.

4. It is admitted that the defendant was the registered keeper of the vehicle on the date of the event, but it is denied that the claimant is able to pursue the defendant as the registered keeper pursuant to PoFA 2012 Schedule 4, having failed to meet the necessary provisions to do so, namely:
(a) The claimant having failed to give "adequate notice" of the parking charge that could be incurred by virtue of parking on the relevant land, as required by paragraphs 2(2) and 2(3).
(b) The sum of the parking charge and damages exceeds the maximum sum recoverable, that sum being the amount specified in the notice to keeper, as per Paragraph 4(5) of PoFA, that sum in this case being £100. The additional £70 would appear to be an attempt at double recovery

5. It is denied that the interest claimed by the defendant should be allowed. The delay in bringing proceedings lies with the Claimant.

Re: DCB Legal – Unpaid Parking Charge 5 Years Old
« Reply #33 on: »
Hi,

The location is here:
https://maps.app.goo.gl/asjjgtim89NkTjUBA

The trouble is it used to be a Homebase carpark which has since been demolished. The car park has not been in use for years.

How would you recommend submitting the full defence? Is it via the portal or to the Court? I also do not know if it should be on a particular form (such as a N9B that I Googled)?

Thanks.

Re: DCB Legal – Unpaid Parking Charge 5 Years Old
« Reply #34 on: »
I'll scan and send link to letter asap


Re: DCB Legal – Unpaid Parking Charge 5 Years Old
« Reply #36 on: »
Hi DWMB2,

Apologies...I didn't have time to explain that the Claim History I asked about does show a filed DQ but I was not sure if this was merely the short version on the N180 form – rather than the full version you kindly assisted with months earlier.

With luck the new defence will do to satisfy the Judge.

I am putting it into a Word Document ready for submission (wherever it is best sent). Let me know if there is anything else I should consider adding?
« Last Edit: January 13, 2026, 04:00:23 pm by Dominic »

Re: DCB Legal – Unpaid Parking Charge 5 Years Old
« Reply #37 on: »
Hello again,

b789 kindly provided a Defence template in their post [June 03, 2025 06:41pm] which referenced;

4. '....a draft order approved by a district judge at another court.'

Please could I have specific details of this case / Order so that I can quote it in our defence to the Judge?

As, 'The court struck out the claim...' it could be very helpful.

Thanks.

Re: DCB Legal – Unpaid Parking Charge 5 Years Old
« Reply #38 on: »
Hi,

The location is here:
https://maps.app.goo.gl/asjjgtim89NkTjUBA

The trouble is it used to be a Homebase carpark which has since been demolished. The car park has not been in use for years.

How would you recommend submitting the full defence? Is it via the portal or to the Court? I also do not know if it should be on a particular form (such as a N9B that I Googled)?

Thanks.

I don't know if it helps at all but you can see historic streetview imagery:

https://maps.app.goo.gl/LYtbJeHKrnDMJFbn8

Re: DCB Legal – Unpaid Parking Charge 5 Years Old
« Reply #39 on: »
The draft order he was referring to was provided in full below that post in the form of a Dropbox link. However, that the judge has chosen not to strikeout at this stage suggests he is not of the view that the case should be struck out purely on the basis of a failure to comply with the CPR.

Re: DCB Legal – Unpaid Parking Charge 5 Years Old
« Reply #40 on: »
Thanks DWMB2,

I had and used the draft order, found using the link, but I would like to potentially quote the Case in question and Name of judge who heard it?

I accept it may not be helpful but would like the details if possible?

Re: DCB Legal – Unpaid Parking Charge 5 Years Old
« Reply #41 on: »
I'm afraid I don't have them - as County Court cases don't set precedent your argument shouldn't be harmed too much by not being able to reference a specific case.

Re: DCB Legal – Unpaid Parking Charge 5 Years Old
« Reply #42 on: »
Thanks for the swift reply. Thought it was prudent to double check.

I'm putting the final touches together and have a friend who is a Criminal Barrister with 30 years call... Translates into knows nothing about this area of law but very good at cross-examining me for any additional evidence I can put to the judge!

Re: DCB Legal – Unpaid Parking Charge 5 Years Old
« Reply #43 on: »
A useful friend to have.
Quote
Translates into knows nothing about this area of law
Aside from those employed by law firms working with parking companies there will be very few lawyers with much experience of private parking cases - hiring one would cost more than the sum being demanded, so people don't!

I realise he deals with criminal law rather than civil, but from his studies/training I would imagine he still has a far better than average knowledge of contract law (which is ultimately what these charges are based on)

Re: DCB Legal – Unpaid Parking Charge 5 Years Old
« Reply #44 on: »
Hi Jackisback123

I overlooked a reply to your post with the Street view of the location where the offence is alleged to have taken place. My apologies and thanks for that.

This was very interesting as it shows a ‘Bunnings’ sign (they purchased and rebranded Homebase) where the car park was.

Bunnings stopped trading in 2018 and the brand reverted to Homebase under new ownership.

I have asked, in our defence, that ‘The Claimant is put to strict proof with contemporaneous photographs’.

The Particulars of Claim state that the driver/keeper was parked at ‘Homebase’ in, ‘breach of the terms on the signs (the contract).

The ‘date of the contravention’ is December 24th 2019. The Homebase closed in March 2020 (and has been demolished along with the car park).

It will be interesting to see if the Claimant provides photographs of adequately visible HOMEBASE signage that constitute an enforceable contract.