dcb legal claim.....3 years late!

[des8]

Your defence was probably deficient if you did not point out that the claimant did not know the identity of the driver.
Their claim makes no mention of a transfer of liability under PoFA so they cannot transfer liability to you as keeper.

You will have to hope the judge does not ask you who was driving.
He shouldn't, as it is for the claimant to prove you were the driver, but in small claims the judge has a lot of leeway.

[Harma670]

Hi guys,

I'm in the same situation.

In September 2018, I overstayed in a McDonald's car park for 26 mins.

I was heavily pregnant at the time and had a funny turn. My sision went bad, i couldnt see as I could just see black dots only and felt dizzy/faint. I put this down to late stages of pregnancy.
However, a month later, i got the fine from met parkimg saying i overstayed. I appealed and then I ended up in hospital as it turned out I had pre-eclampsia. Which is a life threatening condition and had to have my baby by c section.

When i just had my baby, they rejected the appeal and then said i need to pay the full price. I then told them that i had a baby and wasn't well. Again, they rejected it.

I then forgot about it until....... October 2022 dcbl contact me. Met parking passed my details to them, and I now owe them £170.

i spoke to met, i asked why hadnt they contacted me or given me final payment etc. They asked if i had moved, i said yes but my details have always been up to date with dvla and also on the electrol roll
Also, when I spoke to dcbl, they confirmed all my details. So how could they contact me but met cant? Met said to email in and they will look into this. I rang them a month later asking what's going on as I got another letter from dcbl. Met said they shouldn't be contacting me as they have asked them to put on hold and to ignore it.

Well..... just a few days after Xmas, I get a letter from dcbl. I rang met again and thwy said they havent got any of my details. I asked them about my email that i sent in October 2022....they said account is closed. They really wetent helpful and just kept saying email in. I was so angry.

I've now had to pay £10 towards dcbl to stop them taking me to court as this was my fourth letter. they didnt care if i had £35 left i my bank account to feed me and my family for the rest of the month.

I want to take them to court.... does anyone know how i can go about this?

[MIKE770]

Des-8 may be able to advise

[des8]

Sorry, but I don't think there is much of a defence available.

If it was a pay for parking you could have paid for the extra time before leaving.
If it was a free limited time park your hope would have been a plea of mitigation due to a medical emergency if you had evidence.
It seems they didn't accept your plea

DCBL use the threat of court action by the car park operator to persuade people to pay up, but I'm not sure if they ever follow through with the threat
What was the £10 payment for?

In all honesty you are probably better off making an offer to pay in affordable instalments rather than go through the stress of a court case unless you have irrefutable proof of your loss of vision at the time.
If you lose and don't pay the judgment with 30 days your credit record will be adversely affected for the next 6 years

What action were you considering against them?
They are entitled to pursue you for unpaid charges.

Finally if you wish to continue with this matter could you please start a new thread.
Hijacking an existing thread makes for confusion

[Badwool]

Hi des8,

A little update, today I've received a Notice of Proposed Allocation to the Small Claims Track.

I've attached a copy.

It says;

"The defendant has filed a defence, a copy of which is enclosed"

I was under the impression I was the defendant and there isn't anything enclosed, is this just a copy of what was sent to dcb?

What action should I take here?

Best

[des8]

You should have been sent a form N180 to complete and return to the court by 27th January.
You could either contact the court for a copy or download one from internet https://assets.publishing.service.go...Final_Form.pdf

[Badwool]

Hi all,

I received this letter after having emailed my response to the courts some two weeks ago.

What should I do? I've already resent.

[des8]

Phone the court.
They are probably weeks behind with their post!

Did you resend to court manager and mark it urgent?

[Badwool]

No, my original form they said was missing and they told me to re email. I'll call Monday.

Thank you