For some obscure reason, you redacted the date that the clamant has to pay the trial fee by. What date this month is that deadline???? I'm assuming that it is Wednesday 7th May. Never redact any dates with you show us copies of correspondence, especially from the court.
I am confident that DCB Legal will not pay the trial fee and will discontinue (if they haven't already). They have the same deadline as you to file their WS. It will not matter if you file yours a day after seeing theirs, assuming they even issue one.
If you can go to the court in person, then that would be useful, if only to try and speak to someone in management and ask why your original letter has not even been acknowledged. Make sure to check that the claim hasn't been discontinued already and the hearing vacated.
It wouldn't be the first time that DCB Legal has failed to copy in the defendant with their N279 Notice of Discontinuation (NoD).
I also advise you to send the following to the court, marked URGENT or take it with you to the court and make sure that it is given to a court manager urgently:
Subject: URGENT – Procedural Unfairness Arising from Allocation Order – Claim No. [INSERT]
To: enquiries.derby.countycourt@justice.gov.uk
FAO: Court Manager – Request for Referral to a District Judge
Claim Number: [Insert Claim Number]
Parties: UK Parking Control Ltd v [Defendant’s Full Name]
Dear Sir or Madam,
I write to raise an urgent and unresolved issue of procedural unfairness stemming from the allocation order dated 4 April 2025, and to request that this matter now be placed before a District Judge.
A formal letter was sent to the court on 10 April 2025 highlighting the imbalance and lack of parity created by the order, but no response has been received.
The current situation is unacceptable. Today is Friday 2nd May, and with the bank holiday weekend, the court is effectively closed until the day of the deadline — Tuesday 6th May. If this matter is not addressed today, the defendant will suffer irreversible prejudice.
The following three facts are central to the issue:
1. The allocation order dated 4 April 2025 ordered the claimant to file and serve additional particulars and supporting documents (para. 2 a–f), remedying the defects in their original Particulars of Claim, by 6 May 2025.
2. The same order required the defendant to file a witness statement by 4pm on 6 May. However, as of today’s date (2 May 2025), the claimant has not served the further particulars or any witness evidence. If the claimant complies at the last possible moment, the defendant will have had no opportunity to review or respond, as the deadlines are concurrent.
3. This creates a serious procedural unfairness and denies the defendant a fair chance to present their evidence. The defendant’s original Defence was limited to stating an inability to respond properly due to the claimant’s defective PoC, which the court has since acknowledged via the additional directions.
It is still unexplained why the claimant has been afforded the chance to correct their procedural failings, while the defendant has been denied an equivalent opportunity to amend the defence. This clearly undermines the overriding objective of fairness and equality of arms under CPR 1.1.
I therefore respectfully request that a District Judge reviews this matter today and considers issuing appropriate directions to correct the imbalance before the deadlines take effect on 6 May.
Yours faithfully,
[Defendant’s Full Name]
[Defendant’s Postal Address]
[Email address / contact number]
[Date: 2 May 2025]
Received Hearing date from local courts today
Regarding the directions order, I advise you to send the following to the named judge (no idea why you redacted that) who issued the order at Derby County Court. You can either post it first class but get a free proof of posting certificate from any post office or send it as an attachment by email to enquiries.derby.countycourt@justice.gov.uk and CC in yourself. Make sure that the email subject is marked for the attention of District Judge [surname] and include the claim number. In the body just state that the attached correspondence is for the urgent attention of District Judge [surname]:
To: District Judge [Judges surname]
Derby County Court
Morledge
Derby
DE1 2XE
[date]
Claim Number: [Insert claim number]
Claimant: [Insert name]
Defendant: UK Parking Control Ltd
URGENT: Request for Judicial Intervention to Prevent Prejudice Following Procedural Irregularity in Allocation Order
Dear Judge [surname],
I write respectfully regarding the allocation order dated 4th April 2025 made in the above matter, in which you directed the claimant to provide additional particulars and supporting documents under the heading “Additional Directions in a contractual claim for breach of parking terms.”
The directions require the claimant to file and serve several documents which were omitted from the original Particulars of Claim, including contractual terms, landowner authority, and the calculation of the sum claimed. These omissions rendered the Particulars of Claim non-compliant with CPR 16.4(1)(a), as the claimant failed to plead material facts necessary to establish a cause of action.
However, the order contains no provision for the defendant to amend their defence in response to this newly introduced material. This risks creating a significant procedural imbalance. The claimant is, in effect, being permitted to advance or clarify their case after the defence has been filed, while the defendant is afforded no corresponding opportunity to respond.
This position is inconsistent with the overriding objective under CPR 1.1, which requires that parties be placed on an equal footing and that cases be dealt with fairly and justly. The resulting prejudice to the defendant is clear, particularly where the original defence could not address matters that were not pleaded in the claim.
It would also be manifestly unfair to expect the defendant to incur the cost and administrative burden of a formal application under CPR 17.1(2)(b), particularly where the issue arises through no fault of the defendant, but rather from the claimant’s failure to comply with basic pleading requirements.
Accordingly, I respectfully request that the matter be reconsidered and that a corrective direction be issued, either:
• granting the defendant permission to amend the defence following service of the claimant’s further documents; or
• issuing such other case management directions as may be necessary to restore procedural balance.
I trust the court will agree that such a step is necessary to ensure fairness, proportionality, and the proper administration of justice.
Yours faithfully,
[Full name of Defendant]
[Address]
Do not use the MCOL to submit your defence. Your defence is submitted as a PDF attachment in an email.
You have over 3 weeks to submit your defence.
Here is the suggested defence and link to the draft order that will accompany it:
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. A valid Blue Badge was clearly displayed on the passenger seat at the time, which fulfils the requirements for using a designated disabled persons' parking space.
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 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:
Short Defence Draft Order (https://www.dropbox.com/scl/fi/z8zcqfdncdoajgj4ag6a4/short-defence-order.pdf?rlkey=at98xmfwj0ehi3w9d0ia15ogp&st=ew8dkpd1&dl=0)
You only need to edit the defence with the claimants name, your name, the claim number and to sign it by typing your full name for the signature and then date it. There is nothing to edit in the draft order.
When ready, email it to claimresponses.cnbc@justice.gov.uk and CC in yourself. Make sure you receive an auto response from the CNBC. The claim number must be in the email subject and in the body of the email just put "see attached defence and draft order in the matter of {claimant] v {defendant] Claim No.: [claim number].