Yes... but you have redacted the name of the person who has signed the N279. The whole point is that we need to see that name because singing the N279 is conducting litigation which is a reserved activity and cannot be Doen by an unauthorised person, even if acting under supervision. You can rest assured that the person who has signed the N279 is not an authorised person and is therefore in breach of the Legal Services Act 2007, a criminal offence!
I suggest you send the following email immediately to info@dcblegal.co.uk and CC yourself:
Subject: Claim [court ref] – N279 signed “claimant’s solicitor” (paralegal): authority to conduct litigation & signature compliance
Dear Sir/Madam,
I refer to the N279 (Notice of Discontinuance) filed/served in this matter. The signature block describes the signatory as “claimant’s solicitor”, position “paralegal” at DCB Legal, with the name shown as “[initial] [surname]”.
Please confirm by return:
• The signatory’s full name (forename and surname), their capacity, and whether they are an “authorised person” within the meaning of the Legal Services Act 2007 with a current right to conduct litigation (provide their SRA/CILEX number and practising status); or, if not,
• The precise exemption relied upon under Schedule 3 of the Legal Services Act 2007 permitting them to conduct litigation and sign the N279 (and any related statements of truth/certifications) in this matter.
For the avoidance of doubt, filing/serving an N279 and related correspondence are acts of “conducting litigation”. If any person purporting to conduct litigation or to sign documents requiring a personal signature is not authorised (or exempt), please confirm the steps you will take to remedy the irregularity, including filing and serving a compliant N279 personally signed by an authorised person, and your position on costs arising.
You are placed on notice that if any signatory or employee is conducting litigation without the required authorisation or exemption, any breach of the Legal Services Act 2007 will be reported to the SRA and I reserve the right to raise it with the Court, including on costs.
Please respond within 7 days.
Yours faithfully,
[full name]
[postal address]
[email]
Nothing unusual. Having received your own N180 (make sure it is not simply a copy of the claimants N180), do not use the paper form. Ignore all the other forms that came with it. you can discard those. Download your own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.
https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf
Here are the answers to some of the less obvious questions:
• The name of the court is "Civil National Business Centre".
• To be completed by "Your full name" and you are the "Defendant".
• C1: "YES"
• D1: "NO". Reason: "I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.."
• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option
• F3: "1".
• Sign the form by simply typing your full name for the signature.
When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.
With an issue date of 6th February, you have until 25th February to submit an Acknowledgement of Service (AoS). By submitting an AoS, you would then have until 4pm on Tuesday 11th March to submit your defence. If you do not submit an AoS, then you have until 4pm on Tuesday 25th March to submit the defence.
If you want to submit an AoS then follow the instructions in this linked PDF:
https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
Otherwise, here is the defence and link to the draft order that goes with it. You only need to edit 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 documents as PDF attachments 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 [claimant] v [your full name] Claim no.: [claim number]."
IN THE COUNTY COURT
Claim No: [Claim Number]
BETWEEN:
[Claimant]
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 (https://www.dropbox.com/scl/fi/tcewefk7daozuje25chkl/Strikeout-order-v2.pdf?rlkey=wxnymo8mwcma2jj8xihjm7pdx&st=nbtf0cn6&dl=0)