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DCB Lawyers also emailed them and CC me in :)
Though I haven't had a confirmation from the court as of yet
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The gov's court finder site suggests that's the right email address.
Brilliant.... thank you :)
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The gov's court finder site suggests that's the right email address.
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If the money is in your account, then here are two emails you should send, one to DCB Legal and one to the court:
Dear Mr Kirby,
I acknowledge receipt of the £104.50 in full and final settlement of my costs, as per your offer and my conditional acceptance dated 28 June 2025. The condition of cleared payment has now been satisfied, and the matter is therefore concluded.
For the record, your client’s failure to pay promptly — and your silence for over a week following my acceptance — was entirely unreasonable. It necessitated further correspondence and caused unnecessary delay, all of which could have been avoided had your client acted with basic procedural courtesy and professionalism.
I will notify the court that the costs have now been settled and that I no longer require the hearing on 2 September 2025. That notification will make clear that the hearing was only necessary due to your client’s failure to notify me of the discontinuance and the subsequent delay in honouring the agreed settlement.
Yours sincerely,
[Your Name]
And you must send this to the court:
Subject: Claim No. [Insert Claim Number] – Costs Hearing on 2 September 2025
Dear Sir/Madam,
I write in relation to the above matter. I confirm that the claimant has now paid the agreed sum of £104.50 in full and final settlement of my costs, as per my conditional acceptance dated 28 June 2025.
Accordingly, I no longer require the costs hearing listed for 2 September 2025 and am content for it to be vacated.
For the record, the hearing was necessitated by the claimant’s failure to notify me of the discontinuance and their subsequent delay in honouring the agreed settlement. I was not served with a copy of the N279 Notice of Discontinuance, contrary to CPR 38.3(1)(b).
Yours faithfully,
[Your Name]
[Your Address]
[Your Contact Details]
Thank you. I've sent them. I had to do some digging for the court address, I hope it's the correct. I sent it to enquiries.reading.countycourt@justice.gov.uk and received a reasonably relevant automated response.
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This has been an awesome thread to read - and brought a huge smile to my face with every update. Well done for sticking to your guns.
And @b789 - you are an absolute legend.
It was an honor to be the vehicle through which b789 brilliance could be served. These businesses are absolutely disgusting and need people like B789 to show the layman how to stand up to them. For me, it was less about the money and almost entirely about beating them.
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If the money is in your account, then here are two emails you should send, one to DCB Legal and one to the court:
Dear Mr Kirby,
I acknowledge receipt of the £104.50 in full and final settlement of my costs, as per your offer and my conditional acceptance dated 28 June 2025. The condition of cleared payment has now been satisfied, and the matter is therefore concluded.
For the record, your client’s failure to pay promptly — and your silence for over a week following my acceptance — was entirely unreasonable. It necessitated further correspondence and caused unnecessary delay, all of which could have been avoided had your client acted with basic procedural courtesy and professionalism.
I will notify the court that the costs have now been settled and that I no longer require the hearing on 2 September 2025. That notification will make clear that the hearing was only necessary due to your client’s failure to notify me of the discontinuance and the subsequent delay in honouring the agreed settlement.
Yours sincerely,
[Your Name]
And you must send this to the court:
Subject: Claim No. [Insert Claim Number] – Costs Hearing on 2 September 2025
Dear Sir/Madam,
I write in relation to the above matter. I confirm that the claimant has now paid the agreed sum of £104.50 in full and final settlement of my costs, as per my conditional acceptance dated 28 June 2025.
Accordingly, I no longer require the costs hearing listed for 2 September 2025 and am content for it to be vacated.
For the record, the hearing was necessitated by the claimant’s failure to notify me of the discontinuance and their subsequent delay in honouring the agreed settlement. I was not served with a copy of the N279 Notice of Discontinuance, contrary to CPR 38.3(1)(b).
Yours faithfully,
[Your Name]
[Your Address]
[Your Contact Details]
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This has been an awesome thread to read - and brought a huge smile to my face with every update. Well done for sticking to your guns.
And @b789 - you are an absolute legend.
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They seem to have paid quickly after that last email. Below is what they said. I have also checked and can confirm payment.
Dear Sirs,
We can confirm that our Accounts team have paid the £104.50 in full and final settlement of your costs on 04/07/2025.
We now invite you to email the Court confirming that your costs have been settled and request that the Hearing dated 02/09/2025 be vacated.
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Never mind, I see it's 2nd September. Email DCB Legal with the following:
Subject: Final Notice: Immediate Payment Required – Costs of £104.50
Dear Mr Kirby,
I refer to my email of 28 June 2025, in which I accepted your offer of £104.50 in full and final settlement of my costs, expressly conditional upon receipt and clearance of payment. Despite the passage of eight days, you have neither paid the agreed sum nor offered any explanation for your continued delay.
Your conduct is now plainly unreasonable. You have wasted my time, ignored clear correspondence, and failed to honour a settlement you proposed. This is not only discourteous but also a further abuse of process following your earlier failure to notify me of the discontinuance — the very issue that necessitated the costs hearing in the first place.
Let me be clear: unless cleared funds in the full amount of £104.50 are received by 4:00 PM on Tuesday, 8 July 2025, I will notify the court that your client has failed to comply with the agreed settlement. The hearing on 2 September 2025 will proceed, and I will seek:
• The full amount of my original costs claim;
• Additional costs for the time wasted in corresponding with you since 28 June;
• My costs of attending the hearing;
• An order under CPR 27.14(2)(g) on the basis of your unreasonable behaviour.
No further extensions will be granted. If your client wishes to avoid further liability, I suggest you act immediately.
Yours sincerely,
[Your Name]
Thank you for this. I emailed this exactly as written but noticed just one error after I sent it. It's been 6 days not 8 as I sent the acceptance email on the 28th. Hope they don't come back with something because of that.
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What is the date of the hearing?
2 September 2025 at 10:45am, it’s quite hard to find above I agree.
Reply #95 has it.
Exactly right
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Never mind, I see it's 2nd September. Email DCB Legal with the following:
Subject: Final Notice: Immediate Payment Required – Costs of £104.50
Dear Mr Kirby,
I refer to my email of 28 June 2025, in which I accepted your offer of £104.50 in full and final settlement of my costs, expressly conditional upon receipt and clearance of payment. Despite the passage of eight days, you have neither paid the agreed sum nor offered any explanation for your continued delay.
Your conduct is now plainly unreasonable. You have wasted my time, ignored clear correspondence, and failed to honour a settlement you proposed. This is not only discourteous but also a further abuse of process following your earlier failure to notify me of the discontinuance — the very issue that necessitated the costs hearing in the first place.
Let me be clear: unless cleared funds in the full amount of £104.50 are received by 4:00 PM on Tuesday, 8 July 2025, I will notify the court that your client has failed to comply with the agreed settlement. The hearing on 2 September 2025 will proceed, and I will seek:
• The full amount of my original costs claim;
• Additional costs for the time wasted in corresponding with you since 28 June;
• My costs of attending the hearing;
• An order under CPR 27.14(2)(g) on the basis of your unreasonable behaviour.
No further extensions will be granted. If your client wishes to avoid further liability, I suggest you act immediately.
Yours sincerely,
[Your Name]
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What is the date of the hearing?
2 September 2025 at 10:45am, it’s quite hard to find above I agree.
Reply #95 has it.
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What is the date of the hearing?
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Damn it! Should have gone for the £200. ;)
Shows you how they are desperate hagglers. I suggest you respond with the following:
Dear Mr Kirby,
I acknowledge your offer of £104.50 in full and final settlement of my costs and confirm my agreement in principle, subject to receipt and clearance of the payment in full.
Once payment has been received, I will notify you accordingly, at which point you may inform the court that the matter is resolved and request that the upcoming costs hearing be vacated.
For the avoidance of doubt, this acceptance is conditional, and I reserve all rights in respect of the conduct of the claim and any associated proceedings.
Bank details are as follows: [Insert Account Name] [Insert Account Number] [Insert Sort Code]
Yours sincerely,
[Your Name]
Emailed them this as advised around 8 days ago. Didn't hear back and nothing has come in to our account.
SHould I chase them?
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Damn it! Should have gone for the £200. ;)
Maybe it's because it's Friday, but I'd consider it £104.50 gained rather than £95.50 lost ;D
I consider it to be a sweet sweet sweet victory :)
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Damn it! Should have gone for the £200. ;)
Shows you how they are desperate hagglers. I suggest you respond with the following:
Dear Mr Kirby,
I acknowledge your offer of £104.50 in full and final settlement of my costs and confirm my agreement in principle, subject to receipt and clearance of the payment in full.
Once payment has been received, I will notify you accordingly, at which point you may inform the court that the matter is resolved and request that the upcoming costs hearing be vacated.
For the avoidance of doubt, this acceptance is conditional, and I reserve all rights in respect of the conduct of the claim and any associated proceedings.
Bank details are as follows: [Insert Account Name] [Insert Account Number] [Insert Sort Code]
Yours sincerely,
[Your Name]
It's nice getting this out of them, but honestly, I'm just really happy they had to pay. Wish more people would contest tickets.
Thank you very very much, it's amazing you have these skills and are willing to help people :)
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Damn it! Should have gone for the £200. ;)
Maybe it's because it's Friday, but I'd consider it £104.50 gained rather than £95.50 lost ;D
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Don’t forget to contact the court to vacate the September hearing once you’ve received the money. Sorry, previous post covers this better.
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Damn it! Should have gone for the £200. ;)
Shows you how they are desperate hagglers. I suggest you respond with the following:
Dear Mr Kirby,
I acknowledge your offer of £104.50 in full and final settlement of my costs and confirm my agreement in principle, subject to receipt and clearance of the payment in full.
Once payment has been received, I will notify you accordingly, at which point you may inform the court that the matter is resolved and request that the upcoming costs hearing be vacated.
For the avoidance of doubt, this acceptance is conditional, and I reserve all rights in respect of the conduct of the claim and any associated proceedings.
Bank details are as follows: [Insert Account Name] [Insert Account Number] [Insert Sort Code]
Yours sincerely,
[Your Name]
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Result! Well done for sticking to your guns.
And just in time for the weekend too, don't spend it all at once ;)
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Maybe just leave it as it is but respond to the DCB Legal inadequate counter offer with this instead:
Subject: Re: [Claim Number] – Costs Hearing
Dear Sirs,
I note your latest correspondence and the revised proposal.
As previously stated, my original claim for costs of £104.50 remains. I consider this a modest and proportionate sum, and it is disappointing that your client continues to avoid settling such a straightforward matter.
Please be advised that your repeated low offers and the unnecessary correspondence they have generated have not gone unnoticed. Should this behaviour continue, I reserve the right to amend my costs schedule to reflect the additional time and inconvenience caused.
This remains a final opportunity to resolve the matter without further cost or embarrassment to your client.
Yours faithfully,
[Your Name]
Dear Sirs,
WITHOUT PREJUDICE
We write further to your recent email.
Upon review of this matter with our Client, our Client would be agreeable to paying you £104.50 in full and final settlement of your costs.
Should you be agreeable, please provide the following information so our Accounts department can make payment of £104.50 to you:
Account name
Account Number
Sort Code
Kind Regards,
Luke Kirby
DCB Legal Ltd
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Maybe just leave it as it is but respond to the DCB Legal inadequate counter offer with this instead:
Subject: Re: [Claim Number] – Costs Hearing
Dear Sirs,
I note your latest correspondence and the revised proposal.
As previously stated, my original claim for costs of £104.50 remains. I consider this a modest and proportionate sum, and it is disappointing that your client continues to avoid settling such a straightforward matter.
Please be advised that your repeated low offers and the unnecessary correspondence they have generated have not gone unnoticed. Should this behaviour continue, I reserve the right to amend my costs schedule to reflect the additional time and inconvenience caused.
This remains a final opportunity to resolve the matter without further cost or embarrassment to your client.
Yours faithfully,
[Your Name]
Perfect. Sent.
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Maybe just leave it as it is but respond to the DCB Legal inadequate counter offer with this instead:
Subject: Re: [Claim Number] – Costs Hearing
Dear Sirs,
I note your latest correspondence and the revised proposal.
As previously stated, my original claim for costs of £104.50 remains. I consider this a modest and proportionate sum, and it is disappointing that your client continues to avoid settling such a straightforward matter.
Please be advised that your repeated low offers and the unnecessary correspondence they have generated have not gone unnoticed. Should this behaviour continue, I reserve the right to amend my costs schedule to reflect the additional time and inconvenience caused.
This remains a final opportunity to resolve the matter without further cost or embarrassment to your client.
Yours faithfully,
[Your Name]
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Question though, why are they able to inflate costs without having to justify time and reasonability?
They aren't - the £70 they add on as spurious 'debt collection' fees are routinely thrown out by judges as attempts at double recovery.
And remember, as b789 said, remain credible with your estimates - bearing in mind what bits you've done yourself, and what bits this forum has done for you.
Understood
Thank you :)
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Question though, why are they able to inflate costs without having to justify time and reasonability?
They aren't - the £70 they add on as spurious 'debt collection' fees are routinely thrown out by judges as attempts at double recovery.
And remember, as b789 said, remain credible with your estimates - bearing in mind what bits you've done yourself, and what bits this forum has done for you.
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I am not advising you increase your costs application for the sake of it. I am suggesting that you can do so if you want and it will give DCB Legal an even bigger headache. It is not required unless you have actually spent more time on this. Considering I'm doing most of your legwork, maybe you shouldn't. It's up to you.
If you do, judges appreciate when litigants-in-person are proportionate and honest. If you’re claiming £200, it needs to reflect genuine and clearly justifiable time and expenses, especially since you originally claimed £104.50.
Here’s a realistic breakdown that could support a £200 claim without it appearing inflated:
Suggested costs breakdown (reasonable and defensible)
1. Time spent (litigant-in-person rate: £19/hour under CPR 46.5)
• Reviewing the claim and preparing initial response: 1.5 hours = £28.50
• Researching CPR 27.14 and preparing your initial costs application: 1.5 hours = £28.50
• Time spent contacting the court to discover discontinuance: 0.5 hour = £9.50
• Responding to DCB Legal's correspondence (4+ letters/emails): 1.5 hours = £28.50
• Preparing and finalising witness statement and costs schedule: 1.5 hours = £28.50
• Preparing for the hearing, reviewing CPR, drafting order, and documents: 2 hours = £38.00
• Printing, collating, and document prep for court bundle: 0.5 hour = £9.50
Subtotal for time: 9 hours = £171.00
2. Disbursements (direct out-of-pocket expenses)
• Printing and postage: £5.00–£10.00 (reasonable estimate)
• Travel to/from court (if applicable): e.g. £10.00–£15.00
(Can be claimed as mileage at 45p/mile or standard-class public transport)
Total disbursements: £15.00 (adjust as needed)
Total = approx. £186.00 – £200.00
This is a solid and justifiable range for a self-represented person in a case that’s gone through:
• Claim issue,
• Discontinuance (without notice),
• Costs application,
• Ongoing correspondence,
• Hearing preparation.
Stay credible:
[/indent]• Round conservatively (e.g. say 8.5 or 9 hours, not 10 or 11).
• Avoid double-counting tasks.
• Be specific in your witness statement — say what you did and why it was necessary.
• Include receipts if you claim travel, or specify the mileage and rate.[/indent]
Let me know your final figure and I can draft your updated costs schedule and revised witness statement to reflect the £200 claim, but make sure you are not over inflating your request.
Regarding the "without prejudice", I was referring to your correspondence that has been sent to DCB Legal. As your correspondence is not marked "without prejudice" it can be referred to and shown to the judge before any decision is made.
Thank you, that does all look reasonable. Lets go for £200. Is the breakdown something that needs to go now in a rejection or at a later date before a judge?
Question though, why are they able to inflate costs without having to justify time and reasonability?
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Considering I'm doing most of your legwork, maybe you shouldn't.
This is a fair consideration. Time that b789 has spent writing things for you can't be claimed as your time. Time that you have spent doing things can.
One potential risk with changing the amount is that it opens the door for the parking company to say "We tried to negotiate in good faith, then the claimant moved the goalposts X months in".
You can argue the contrary of course and explain why you believe the additional costs are necessary, but it's good to be mindful of the risk.
I'm also not advocating one course of action over another, but it's good to be cognizant of the potential risk and reward in each scenario.
Some questions to ask yourself perhaps... What was your original goal when you received the court claim form? If they cave in and agree to pay your £105 demand, will you be disappointed with this conclusion?
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I am not advising you increase your costs application for the sake of it. I am suggesting that you can do so if you want and it will give DCB Legal an even bigger headache. It is not required unless you have actually spent more time on this. Considering I'm doing most of your legwork, maybe you shouldn't. It's up to you.
If you do, judges appreciate when litigants-in-person are proportionate and honest. If you’re claiming £200, it needs to reflect genuine and clearly justifiable time and expenses, especially since you originally claimed £104.50.
Here’s a realistic breakdown that could support a £200 claim without it appearing inflated:
Suggested costs breakdown (reasonable and defensible)
1. Time spent (litigant-in-person rate: £19/hour under CPR 46.5)
• Reviewing the claim and preparing initial response: 1.5 hours = £28.50
• Researching CPR 27.14 and preparing your initial costs application: 1.5 hours = £28.50
• Time spent contacting the court to discover discontinuance: 0.5 hour = £9.50
• Responding to DCB Legal's correspondence (4+ letters/emails): 1.5 hours = £28.50
• Preparing and finalising witness statement and costs schedule: 1.5 hours = £28.50
• Preparing for the hearing, reviewing CPR, drafting order, and documents: 2 hours = £38.00
• Printing, collating, and document prep for court bundle: 0.5 hour = £9.50
Subtotal for time: 9 hours = £171.00
2. Disbursements (direct out-of-pocket expenses)
• Printing and postage: £5.00–£10.00 (reasonable estimate)
• Travel to/from court (if applicable): e.g. £10.00–£15.00
(Can be claimed as mileage at 45p/mile or standard-class public transport)
Total disbursements: £15.00 (adjust as needed)
Total = approx. £186.00 – £200.00
This is a solid and justifiable range for a self-represented person in a case that’s gone through:
• Claim issue,
• Discontinuance (without notice),
• Costs application,
• Ongoing correspondence,
• Hearing preparation.
Stay credible:
[/indent]• Round conservatively (e.g. say 8.5 or 9 hours, not 10 or 11).
• Avoid double-counting tasks.
• Be specific in your witness statement — say what you did and why it was necessary.
• Include receipts if you claim travel, or specify the mileage and rate.[/indent]
Let me know your final figure and I can draft your updated costs schedule and revised witness statement to reflect the £200 claim, but make sure you are not over inflating your request.
Regarding the "without prejudice", I was referring to your correspondence that has been sent to DCB Legal. As your correspondence is not marked "without prejudice" it can be referred to and shown to the judge before any decision is made.
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You can just ignore it or have fun with their puny minds and reply saying that the original amount is not sufficient anymore as you've now had to expend even more time and effort dealing with their pathetic attempts to wriggle out of their responsibilities and the amount you will be seeking in full and final settlement is now £200 (or whatever sum you think is reasonable for your endeavours).
Here is a suggested response:
Subject: Re: [Claim Number] – Costs Hearing
Dear Sirs,
I note your latest correspondence and purported offer. Unfortunately, due to the further time and effort I have now had to spend responding to your repeated, inadequate proposals and unnecessary correspondence, my position has changed.
The amount of £104.50 initially claimed is no longer sufficient to cover the total costs I have now incurred as a direct result of your client’s conduct, and I will be amending my costs schedule to reflect this. I will now be seeking £200 in full and final settlement, which represents the total time, effort, and expense incurred in this matter, including preparation for the upcoming hearing.
This revised figure is not a negotiating position. It is a final opportunity to resolve the matter without further cost or inconvenience. If this is not agreed within 7 days, I will proceed to the hearing and seek the full amount, plus any further expenses incurred in attending.
Yours faithfully,
[Your Name]
Notes:
• It’s not marked “without prejudice” so you can show it to the judge.
• It justifies the higher amount — not as punishment, but as compensation for further time spent.
• It makes you look assertive, but not unreasonable.
• It turns the tables — you are now making the final offer.
Let me know if you’d like to attach a revised costs breakdown or want to prepare a short addendum to your statement to reflect the increased claim.
Thank you very much.
Just a few questions to understand your response better.
• It’s not marked “without prejudice” so you can show it to the judge.
Do you mean that the 'without prejudice' he has cited can't be applied?
In your experience, what sort of time spent do you think would would be a range of time/effort spent for £200 to be reasonable? I want to be very careful not to be perceived as taking the Mick.
Let me know if you’d like to attach a revised costs breakdown or want to prepare a short addendum to your statement to reflect the increased claim.
If you think we should provide a cost breakdown?
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You can just ignore it or have fun with their puny minds and reply saying that the original amount is not sufficient anymore as you've now had to expend even more time and effort dealing with their pathetic attempts to wriggle out of their responsibilities and the amount you will be seeking in full and final settlement is now £200 (or whatever sum you think is reasonable for your endeavours).
Here is a suggested response:
Subject: Re: [Claim Number] – Costs Hearing
Dear Sirs,
I note your latest correspondence and purported offer. Unfortunately, due to the further time and effort I have now had to spend responding to your repeated, inadequate proposals and unnecessary correspondence, my position has changed.
The amount of £104.50 initially claimed is no longer sufficient to cover the total costs I have now incurred as a direct result of your client’s conduct, and I will be amending my costs schedule to reflect this. I will now be seeking £200 in full and final settlement, which represents the total time, effort, and expense incurred in this matter, including preparation for the upcoming hearing.
This revised figure is not a negotiating position. It is a final opportunity to resolve the matter without further cost or inconvenience. If this is not agreed within 7 days, I will proceed to the hearing and seek the full amount, plus any further expenses incurred in attending.
Yours faithfully,
[Your Name]
Notes:
• It’s not marked “without prejudice” so you can show it to the judge.
• It justifies the higher amount — not as punishment, but as compensation for further time spent.
• It makes you look assertive, but not unreasonable.
• It turns the tables — you are now making the final offer.
Let me know if you’d like to attach a revised costs breakdown or want to prepare a short addendum to your statement to reflect the increased claim.
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It is without prejudice, so they can't use it in court. Only after the judge has decided the case, can he refer to any costs.
You already responded once to their first offer. You are within your rights to pursue the full £104.50, and the court listing shows that the judge already views your claim as arguable.
Here is a response you can make. It is deliberately not marked "without prejudice", does not disclose the content of their offer, and is written so that you can show it to the judge if needed to demonstrate your reasonableness and resolve:
Subject: Re: [Claim Number] – Costs Hearing
Dear Sirs,
I note your recent correspondence and the suggestion that this matter might be resolved without a hearing.
For clarity, I have made no change to my position. My claim for costs in the sum of £104.50 remains, and I consider this a modest and reasonable amount in light of the time, inconvenience, and stress caused by the failure to notify me of the Claimant’s discontinuance.
I remain willing to engage with any genuine and proportionate attempt to resolve this matter. However, I will not accept a settlement that fails to reflect the costs I have incurred as a result of the Claimant’s conduct.
If no agreement is reached before the hearing, I will attend as listed and also seek additional costs under CPR 27.14(3) relating to travel and loss of earnings.
Yours faithfully,
[Your Name]
Keep turning the screws.
They have replied by upping their offer. Honestly, it's a bit pathetic that a business generating as much ill gotten gains as them, should be so tight an draw out the process instead of just accepting the request once it is understood they're on a loser.
"Dear Sirs,
WITHOUT PREJUDICE
We write further to your recent email.
Upon review of this matter with our Client, our Client would be agreeable to paying you £85.00 in full and final settlement of your costs.
Should you be agreeable, please provide the following information so our Accounts department can make payment of £85.00 to you:
Account name
Account Number
Sort Code
Kind Regards,
Luke Kirby
DCB Legal Ltd "
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It is without prejudice, so they can't use it in court. Only after the judge has decided the case, can he refer to any costs.
You already responded once to their first offer. You are within your rights to pursue the full £104.50, and the court listing shows that the judge already views your claim as arguable.
Here is a response you can make. It is deliberately not marked "without prejudice", does not disclose the content of their offer, and is written so that you can show it to the judge if needed to demonstrate your reasonableness and resolve:
Subject: Re: [Claim Number] – Costs Hearing
Dear Sirs,
I note your recent correspondence and the suggestion that this matter might be resolved without a hearing.
For clarity, I have made no change to my position. My claim for costs in the sum of £104.50 remains, and I consider this a modest and reasonable amount in light of the time, inconvenience, and stress caused by the failure to notify me of the Claimant’s discontinuance.
I remain willing to engage with any genuine and proportionate attempt to resolve this matter. However, I will not accept a settlement that fails to reflect the costs I have incurred as a result of the Claimant’s conduct.
If no agreement is reached before the hearing, I will attend as listed and also seek additional costs under CPR 27.14(3) relating to travel and loss of earnings.
Yours faithfully,
[Your Name]
Keep turning the screws.
That makes total sense. I've just sent it.
Thank you :)
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It is without prejudice, so they can't use it in court. Only after the judge has decided the case, can he refer to any costs.
You already responded once to their first offer. You are within your rights to pursue the full £104.50, and the court listing shows that the judge already views your claim as arguable.
Here is a response you can make. It is deliberately not marked "without prejudice", does not disclose the content of their offer, and is written so that you can show it to the judge if needed to demonstrate your reasonableness and resolve:
Subject: Re: [Claim Number] – Costs Hearing
Dear Sirs,
I note your recent correspondence and the suggestion that this matter might be resolved without a hearing.
For clarity, I have made no change to my position. My claim for costs in the sum of £104.50 remains, and I consider this a modest and reasonable amount in light of the time, inconvenience, and stress caused by the failure to notify me of the Claimant’s discontinuance.
I remain willing to engage with any genuine and proportionate attempt to resolve this matter. However, I will not accept a settlement that fails to reflect the costs I have incurred as a result of the Claimant’s conduct.
If no agreement is reached before the hearing, I will attend as listed and also seek additional costs under CPR 27.14(3) relating to travel and loss of earnings.
Yours faithfully,
[Your Name]
Keep turning the screws.
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DCB Legal offering you £60 is a sign they know they're on the back foot. They started at £20, which was laughable, and now they've upped it to £60 because they can see you’re serious and the court is taking this seriously too.
Let’s be honest: they are trying to extract the urine. They know they’re going to get a spanking in court for failing to notify you properly and for wasting your time. Now they’re trying to wriggle out of paying you what you’re actually owed.
You’ve claimed £104.50, and it’s a solid, reasonable claim. If you go to the hearing, you could also ask for extra costs like travel and time off work to attend the hearing, which would increase the total even more.
So you’ve got three choices:
1. Take the £60 – it ends things now, but you’re letting them off lightly. Only do this if you just want it over with.
2. Make a counter-offer – say you’ll take £90 to settle. That still avoids the hearing but makes it clear you're not going to be messed about.
3. Go to the hearing – you’ve got a strong case, and if the judge agrees with you (which seems likely), you could get the full amount plus more. And frankly, they deserve to be dragged in front of a judge for the way they’ve handled this.
Whatever you decide, don’t let them pressure you. You’ve done nothing wrong, and the court has already backed you by listing the hearing. They’re only making offers because they know they’ve screwed up.
Let us know what you want to do.
Definitely option 3. Because when the shoe is on the other foot, they're brutal with the way they escalate charges on people.
Might we look unreasonable for not accepting 2 offers while not offering a counter of my own? or does that come down to how a reply is framed? It all seems a bit of a risk for them because a solicitor can't be cheap. Whether it is to handle this or attend a hearing.
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DCB Legal offering you £60 is a sign they know they're on the back foot. They started at £20, which was laughable, and now they've upped it to £60 because they can see you’re serious and the court is taking this seriously too.
Let’s be honest: they are trying to extract the urine. They know they’re going to get a spanking in court for failing to notify you properly and for wasting your time. Now they’re trying to wriggle out of paying you what you’re actually owed.
You’ve claimed £104.50, and it’s a solid, reasonable claim. If you go to the hearing, you could also ask for extra costs like travel and time off work to attend the hearing, which would increase the total even more.
So you’ve got three choices:
1. Take the £60 – it ends things now, but you’re letting them off lightly. Only do this if you just want it over with.
2. Make a counter-offer – say you’ll take £90 to settle. That still avoids the hearing but makes it clear you're not going to be messed about.
3. Go to the hearing – you’ve got a strong case, and if the judge agrees with you (which seems likely), you could get the full amount plus more. And frankly, they deserve to be dragged in front of a judge for the way they’ve handled this.
Whatever you decide, don’t let them pressure you. You’ve done nothing wrong, and the court has already backed you by listing the hearing. They’re only making offers because they know they’ve screwed up.
Let us know what you want to do.
Definitely option 3. Because when the shoe is on the other foot, they're brutal with the way they escalate charges on people.
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DCB Legal offering you £60 is a sign they know they're on the back foot. They started at £20, which was laughable, and now they've upped it to £60 because they can see you’re serious and the court is taking this seriously too.
Let’s be honest: they are trying to extract the urine. They know they’re going to get a spanking in court for failing to notify you properly and for wasting your time. Now they’re trying to wriggle out of paying you what you’re actually owed.
You’ve claimed £104.50, and it’s a solid, reasonable claim. If you go to the hearing, you could also ask for extra costs like travel and time off work to attend the hearing, which would increase the total even more.
So you’ve got three choices:
1. Take the £60 – it ends things now, but you’re letting them off lightly. Only do this if you just want it over with.
2. Make a counter-offer – say you’ll take £90 to settle. That still avoids the hearing but makes it clear you're not going to be messed about.
3. Go to the hearing – you’ve got a strong case, and if the judge agrees with you (which seems likely), you could get the full amount plus more. And frankly, they deserve to be dragged in front of a judge for the way they’ve handled this.
Whatever you decide, don’t let them pressure you. You’ve done nothing wrong, and the court has already backed you by listing the hearing. They’re only making offers because they know they’ve screwed up.
Let us know what you want to do.
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No. The only reason I advise everyone to CC themselves when sending emails to an adversary, is so that you can show that the email was sent and also received back. It also shows on the recipients email headers that a copy was also CC'd back to the sender. They cannot later turn around and say that they never received when you have evidence that it was sent.
Hi there,
I just received this from them, what do you reckon?
"Dear Sirs,
WITHOUT PREJUDICE
We write further to your recent email.
Upon review of this matter with our Client, our Client would be agreeable to paying you £60.00 in full and final settlement of your costs.
Should you be agreeable, please provide the following information so our Accounts department can make payment of £60.00 to you:
Account name
Account Number
Sort Code
Kind Regards,
Alexandria Owens
DCB Legal Ltd "
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No. The only reason I advise everyone to CC themselves when sending emails to an adversary, is so that you can show that the email was sent and also received back. It also shows on the recipients email headers that a copy was also CC'd back to the sender. They cannot later turn around and say that they never received when you have evidence that it was sent.
Understood :)
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No. The only reason I advise everyone to CC themselves when sending emails to an adversary, is so that you can show that the email was sent and also received back. It also shows on the recipients email headers that a copy was also CC'd back to the sender. They cannot later turn around and say that they never received when you have evidence that it was sent.
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They’ve consulted the Claimant, or at least claim to have. This shows they’re now taking your costs application seriously. They’re offering £20 against your £104.50 claim, which is less than 20% of the amount sought — plainly not a serious or fair offer. Also, they’ve again marked the letter "without prejudice", which means you can’t show it to the judge unless you reject it and later argue costs were unreasonably contested.
Email them back with the following response to info@dcblegal.co.uk and CC in yourself:
Subject: Re: [Claim Number] – Costs Hearing
Dear Sirs,
Thank you for your offer of £20. I do not consider this to be a reasonable or proportionate settlement in view of the circumstances and the time and effort caused by the Claimant's failure to serve the Notice of Discontinuance.
My original claim of £104.50 remains. If a reasonable offer is not forthcoming, I will attend the hearing as listed on 25 September 2025 and will also be seeking additional costs for attending the hearing, including loss of earnings and travel expenses where applicable, in accordance with CPR 27.14(2)(g) and (3).
This hearing could have been avoided had the Claimant acted reasonably at an earlier stage, and I respectfully suggest that the Claimant consider making a revised offer in good faith before further unnecessary costs are incurred.
Yours faithfully,
[Your Name]
Just realised that I didn't CC myself!
Should I resend so that I can CC myself. It is of course saved already in my Sent Folder. I think I was just overjoyed at the next step that I didn't finish reading the sentence!
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Done :)
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They’ve consulted the Claimant, or at least claim to have. This shows they’re now taking your costs application seriously. They’re offering £20 against your £104.50 claim, which is less than 20% of the amount sought — plainly not a serious or fair offer. Also, they’ve again marked the letter "without prejudice", which means you can’t show it to the judge unless you reject it and later argue costs were unreasonably contested.
Email them back with the following response to info@dcblegal.co.uk and CC in yourself:
Subject: Re: [Claim Number] – Costs Hearing
Dear Sirs,
Thank you for your offer of £20. I do not consider this to be a reasonable or proportionate settlement in view of the circumstances and the time and effort caused by the Claimant's failure to serve the Notice of Discontinuance.
My original claim of £104.50 remains. If a reasonable offer is not forthcoming, I will attend the hearing as listed on 25 September 2025 and will also be seeking additional costs for attending the hearing, including loss of earnings and travel expenses where applicable, in accordance with CPR 27.14(2)(g) and (3).
This hearing could have been avoided had the Claimant acted reasonably at an earlier stage, and I respectfully suggest that the Claimant consider making a revised offer in good faith before further unnecessary costs are incurred.
Yours faithfully,
[Your Name]
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Hilarious! It's up to you. You can accept their less than generous offer or enjoy the Schadenfreude of making them squirm in court and get a proper spanking, with your costs, hopefully agreed by the judge.
Don't forget, you are claiming your costs for the initial failure and you can also add your costs for this attendance too.
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They just replied with this:
"Dear Sirs,
WITHOUT PREJUDICE
We write further to your recent email.
Upon review of this matter with our Client, our Client would be agreeable to paying you £20.00 in full and final settlement of your costs.
Should you be agreeable, please provide the following information so our Accounts department can make payment of £20.00 to you:
Account name
Account Number
Sort Code
Kind Regards,
XXXX
DCB Legal Ltd"
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Typical of a firm of incompetent wannabe lawyers to respond like this. This type of correspondence from DCB Legal is a tactical attempt to dissuade you from pursuing your costs claim—a common approach, especially when they're aware their conduct may be scrutinised.
DCB Legal’s reliance on the general bar against costs in small claims is incomplete and misleading. They have omitted the critical exception under CPR 27.14(2)(g), which states:
"(g) a party has behaved unreasonably..."
You have already asserted (and the court has agreed to hear) that the Claimant’s failure to notify you of the discontinuance amounts to unreasonable behaviour.
Filing an N279 Notice of Discontinuance (NoD) does not equate to service. DCB Legal claims the NoD was both filed and served on 11 February 2025.
However, if you did not receive the NoD at the time, and only learned of the discontinuance by contacting the court yourself, then service was not effected.
Under CPR 6.3 and 6.20, serving a document means ensuring it actually reaches the party. The mere act of filing does not constitute service.
They must prove proper service (e.g. with a certificate of service or proof of postage), not merely assert it.
Their threat that you could be liable for their costs is hollow. The letter says “we will seek an Order from the Court that you will be liable for the cost of doing so.” In reality, you are not liable for the Claimant’s costs of opposing your request unless your behaviour was itself unreasonable, which it clearly isn’t. You are simply asking the court to exercise its discretion—a recognised and valid action.
This veiled threat is an intimidation tactic. The court is unlikely to entertain such a costs order against a litigant-in-person for pursuing a legitimate, scheduled costs-only hearing.
You should absolutely not withdraw your costs request. The court has already found there is a case worth considering, and that a hearing is justified.
Is DCB Legal’s letter truly “without prejudice”? No, not really. Their letter:
• Does not contain any offer to settle or concession.
• Is mainly a statement of position and a veiled attempt to persuade you to withdraw your costs application.
As such, it's arguably not covered by the without prejudice rule at all and may be "open correspondence" despite the heading. Courts look at substance over form, and if the contents are not truly part of settlement negotiations, the “without prejudice” label is ineffective.
The "without prejudice" rule protects genuine attempts to settle a dispute from being disclosed to the court. If a communication is truly “without prejudice,” it cannot be shown to the judge as evidence of liability, admissions, or concessions. It applies only when there is a genuine dispute and the party is making an offer or seeking to settle.
Their letter does not contain any offer to settle or concession. It is simply a statement of position and a veiled attempt to persuade you to withdraw your costs application. As such, it's arguably not covered by the without prejudice rule at all and may be "open correspondence" despite the heading. If the contents are not truly part of settlement negotiations, the “without prejudice” label is ineffective.
So, I suggest you respond to DCB Legal with the following:
Subject: Re: [Claim Number] – Proposed Costs Settlement
Dear Sirs,
Thank you for your letter dated 14 May 2025, which I note is marked “without prejudice.”
In the interests of saving court time and assisting the overriding objective, I am prepared to accept a payment of £104.50 in full and final settlement of my costs application. If the Claimant agrees to this offer and payment is made promptly, I will notify the court and seek to vacate the hearing listed for 2nd September 2025.
For the avoidance of doubt, I do not accept your position that the Claimant has acted reasonably. The Claimant failed to serve the Notice of Discontinuance on me, and I only became aware of the discontinuance after contacting the court myself several weeks later. That omission has led to unnecessary time and effort on my part and is, in my view, unreasonable conduct under CPR 27.14(2)(g).
I would also point out that the use of the “without prejudice” label is inappropriate in this context, as your letter does not contain any offer or attempt to settle the matter. Rather, it is a statement of position accompanied by a threat of costs.
Courts have held that “mere statements of position” or refusals to settle do not attract without prejudice protection. In Unilever plc v The Procter & Gamble Co [2000] 1 WLR 2436 (https://www.bailii.org/ew/cases/EWCA/Civ/1999/3027.html), the Court of Appeal clarified that it is the substance—not the label—that determines whether a communication is protected.
Accordingly, I reserve the right to place your letter before the court as evidence of further unreasonable conduct by the Claimant.
This offer is open for 7 days, after which I will proceed to the hearing and seek the full amount, together with any additional reasonable expenses incurred in attending.
Yours faithfully,
[Your Name]
[Your Address / Email if applicable]
Sir, you are a legal Viking. I'd hate to be on the wrong side of you ;D
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Typical of a firm of incompetent wannabe lawyers to respond like this. This type of correspondence from DCB Legal is a tactical attempt to dissuade you from pursuing your costs claim—a common approach, especially when they're aware their conduct may be scrutinised.
DCB Legal’s reliance on the general bar against costs in small claims is incomplete and misleading. They have omitted the critical exception under CPR 27.14(2)(g), which states:
"(g) a party has behaved unreasonably..."
You have already asserted (and the court has agreed to hear) that the Claimant’s failure to notify you of the discontinuance amounts to unreasonable behaviour.
Filing an N279 Notice of Discontinuance (NoD) does not equate to service. DCB Legal claims the NoD was both filed and served on 11 February 2025.
However, if you did not receive the NoD at the time, and only learned of the discontinuance by contacting the court yourself, then service was not effected.
Under CPR 6.3 and 6.20, serving a document means ensuring it actually reaches the party. The mere act of filing does not constitute service.
They must prove proper service (e.g. with a certificate of service or proof of postage), not merely assert it.
Their threat that you could be liable for their costs is hollow. The letter says “we will seek an Order from the Court that you will be liable for the cost of doing so.” In reality, you are not liable for the Claimant’s costs of opposing your request unless your behaviour was itself unreasonable, which it clearly isn’t. You are simply asking the court to exercise its discretion—a recognised and valid action.
This veiled threat is an intimidation tactic. The court is unlikely to entertain such a costs order against a litigant-in-person for pursuing a legitimate, scheduled costs-only hearing.
You should absolutely not withdraw your costs request. The court has already found there is a case worth considering, and that a hearing is justified.
Is DCB Legal’s letter truly “without prejudice”? No, not really. Their letter:
• Does not contain any offer to settle or concession.
• Is mainly a statement of position and a veiled attempt to persuade you to withdraw your costs application.
As such, it's arguably not covered by the without prejudice rule at all and may be "open correspondence" despite the heading. Courts look at substance over form, and if the contents are not truly part of settlement negotiations, the “without prejudice” label is ineffective.
The "without prejudice" rule protects genuine attempts to settle a dispute from being disclosed to the court. If a communication is truly “without prejudice,” it cannot be shown to the judge as evidence of liability, admissions, or concessions. It applies only when there is a genuine dispute and the party is making an offer or seeking to settle.
Their letter does not contain any offer to settle or concession. It is simply a statement of position and a veiled attempt to persuade you to withdraw your costs application. As such, it's arguably not covered by the without prejudice rule at all and may be "open correspondence" despite the heading. If the contents are not truly part of settlement negotiations, the “without prejudice” label is ineffective.
So, I suggest you respond to DCB Legal with the following:
Subject: Re: [Claim Number] – Proposed Costs Settlement
Dear Sirs,
Thank you for your letter dated 14 May 2025, which I note is marked “without prejudice.”
In the interests of saving court time and assisting the overriding objective, I am prepared to accept a payment of £104.50 in full and final settlement of my costs application. If the Claimant agrees to this offer and payment is made promptly, I will notify the court and seek to vacate the hearing listed for 2nd September 2025.
For the avoidance of doubt, I do not accept your position that the Claimant has acted reasonably. The Claimant failed to serve the Notice of Discontinuance on me, and I only became aware of the discontinuance after contacting the court myself several weeks later. That omission has led to unnecessary time and effort on my part and is, in my view, unreasonable conduct under CPR 27.14(2)(g).
I would also point out that the use of the “without prejudice” label is inappropriate in this context, as your letter does not contain any offer or attempt to settle the matter. Rather, it is a statement of position accompanied by a threat of costs.
Courts have held that “mere statements of position” or refusals to settle do not attract without prejudice protection. In Unilever plc v The Procter & Gamble Co [2000] 1 WLR 2436 (https://www.bailii.org/ew/cases/EWCA/Civ/1999/3027.html), the Court of Appeal clarified that it is the substance—not the label—that determines whether a communication is protected.
Accordingly, I reserve the right to place your letter before the court as evidence of further unreasonable conduct by the Claimant.
This offer is open for 7 days, after which I will proceed to the hearing and seek the full amount, together with any additional reasonable expenses incurred in attending.
Yours faithfully,
[Your Name]
[Your Address / Email if applicable]
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Attached is the document he attached to me with his email
[attachment deleted by admin]
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Have a look at this short video. Nothing to be worried about and I doubt the claimant will even have representative there:
https://youtu.be/n93eoaxhzpU?feature=shared
I just received an email from the claimants solicitors.
"Dear Sirs,
WITHOUT PREJUDICE
We write further to the Notice of Hearing, dated 29/04/2025.
It is the Claimant's position that you are not entitled to any costs. We respectfully draw your attention to CPR 27.14 which states that costs are not ordinarily applicable to Claims allocated to the Small Claims Track.
Please note that the Claimant has acted reasonably at each stage of proceedings, and therefore it is our position you will not be awarded any costs.
The Claimant filed and served the N279 Notice of Discontinuance on 11/02/2025. A copy of the same is attached.
In accordance with the Court's overriding objective, and to avoid taking up the Court's valuable time, we invite you to email the Court requesting that the Hearing be vacated and that you are not seeking any costs.
When sending the above email, please ensure that you copy xxxxx@dcblegal.co.uk into the email.
Failure to action the above will result in the Claimant opposing your costs and we will seek an Order from the Court that you will be liable for cost of doing so.
Kind Regards,
xxxxxxx
DCB Legal Ltd
"
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Have a look at this short video. Nothing to be worried about and I doubt the claimant will even have representative there:
https://youtu.be/n93eoaxhzpU?feature=shared
Thank you, this is really helpful :)
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Have a look at this short video. Nothing to be worried about and I doubt the claimant will even have representative there:
https://youtu.be/n93eoaxhzpU?feature=shared
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This is good. You must attend the short hearing where the judge will decide whether the claimant has acted unreasonable (they have) and will award costs.
Whilst we don't need to see anything that is obviously generic in a court order, you should show everything else, even is a single sentence has been printed on another page. In this case, Page 4 would be relevant and should be shown.
Please confirm that a date and time for the hearing has been allocated and that you can attend. If the attendance at this hearing involves more cost, you can ask for that to be paid too. You are at least entitled to loss of earnings of up to £95 and your transport and parking costs. So ask for 40p/mile round trip (or whatever the going HMRC rate for mileage is these days) plus parking fees or keep receipts for bus, train, taxi etc.
Okay. Here is the other page Link (https://photos.app.goo.gl/rkDMpJcc7PGJ4Nez9)
By the way, what happens at a hearing...always thought of them as being a scary serious session where you get grilled to death.
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This is good. You must attend the short hearing where the judge will decide whether the claimant has acted unreasonable (they have) and will award costs.
Whilst we don't need to see anything that is obviously generic in a court order, you should show everything else, even is a single sentence has been printed on another page. In this case, Page 4 would be relevant and should be shown.
Please confirm that a date and time for the hearing has been allocated and that you can attend. If the attendance at this hearing involves more cost, you can ask for that to be paid too. You are at least entitled to loss of earnings of up to £95 and your transport and parking costs. So ask for 40p/mile round trip (or whatever the going HMRC rate for mileage is these days) plus parking fees or keep receipts for bus, train, taxi etc.
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Is there only one page?
There are 4 pages in total:
Page 1: Our name and address
Page 2: What seems to me the only significant information and the one I shared
Page 3: Seems to be generic paragraph: If I will need language interpreters or interpreters for hearing impairments etc
Page 4: Date, time, location and duration of the hearing followed by what seems to be generic info about court procedures like: The case made be released to another judge at a different court.
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Is there only one page?
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Respond to that with the following:
Dear Sir/Madam,
Re: Case No. [Claim Number] – Request for Costs Consideration Following Discontinuance
Thank you for your response dated [insert date], advising that a formal N244 application is required to seek costs.
I write to respectfully clarify that I am not seeking to re-open the case or apply for any further directions but am instead requesting the court to exercise its discretion to award modest costs under CPR 27.14(2)(g), due to the claimant’s unreasonable conduct in failing to notify me of the discontinuance.
It is my understanding that following a late discontinuance, the court retains jurisdiction to consider costs under CPR 38.6 and that such requests can, and often are, considered on the papers without the need for a formal N244 application—particularly where no further hearing is necessary and the costs sought are proportionate.
In this case, the claimant discontinued on 11th February 2025 but failed to inform me. I only discovered this upon proactively contacting the court on 5th March 2025. I respectfully maintain that this failure to notify caused unnecessary stress, wasted effort, and inconvenience, and therefore constitutes unreasonable behaviour under CPR 27.14(2)(g).
Given the circumstances and the modest nature of the costs requested, I would be grateful if the court could confirm whether the request may be placed before a District Judge for consideration under the court's general discretion, without the need for a fee-bearing application.
Yours faithfully,
[Your Name]
Hiya,
They just responded with a notice of hearing. Is this normal procedure?
Notice of Hearing Link (https://photos.app.goo.gl/qF6YjoE6M1bdxGnBA)
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Thank you once again.
I've now sent this on :)
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Respond to that with the following:
Dear Sir/Madam,
Re: Case No. [Claim Number] – Request for Costs Consideration Following Discontinuance
Thank you for your response dated [insert date], advising that a formal N244 application is required to seek costs.
I write to respectfully clarify that I am not seeking to re-open the case or apply for any further directions but am instead requesting the court to exercise its discretion to award modest costs under CPR 27.14(2)(g), due to the claimant’s unreasonable conduct in failing to notify me of the discontinuance.
It is my understanding that following a late discontinuance, the court retains jurisdiction to consider costs under CPR 38.6 and that such requests can, and often are, considered on the papers without the need for a formal N244 application—particularly where no further hearing is necessary and the costs sought are proportionate.
In this case, the claimant discontinued on 11th February 2025 but failed to inform me. I only discovered this upon proactively contacting the court on 5th March 2025. I respectfully maintain that this failure to notify caused unnecessary stress, wasted effort, and inconvenience, and therefore constitutes unreasonable behaviour under CPR 27.14(2)(g).
Given the circumstances and the modest nature of the costs requested, I would be grateful if the court could confirm whether the request may be placed before a District Judge for consideration under the court's general discretion, without the need for a fee-bearing application.
Yours faithfully,
[Your Name]
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Send the following to the court manager:
[Defendant’s Name]
[Defendant’s Address]
[City, Postcode]
[Email Address] (if applicable)
[Date]
The Court Manager
[Name of the Court]
[Court Address]
Re: Case No. [Claim Number] – Request for Costs Consideration under CPR 27.14(2)(g)
Dear Sir/Madam,
I write in relation to the above-referenced case, which I was defending. I have recently become aware that the claimant discontinued the claim on 11th February 2025, but they failed to notify me of this. I only discovered that the claim had been discontinued after contacting the court on 5th March 2025.
It is my submission that the claimant’s failure to inform me of the discontinuance constitutes unreasonable behaviour under CPR 27.14(2)(g), as it caused unnecessary time, stress, and effort in continuing to deal with the matter. Had I not proactively contacted the court, I would have remained unaware of the discontinuance.
In light of this, I respectfully request that the court considers awarding costs against the claimant. A breakdown of my costs is as follows:
Description: Time spent dealing with the case after discontinuance (research, drafting letters, contacting the court)
Hours: X
Rate: £19 per hour
Total: £XX.XX
Description: Printing and postage costs
Total: £XX.XX
Description: Other reasonable costs (if applicable)
Total: £XX.XX
Total Costs Sought: £XX.XX
Given the claimant's unreasonable conduct in failing to notify me, I request that the court considers making an order for my costs on the papers. I would be grateful if the court could confirm whether this matter can be considered administratively or if further steps are required.
Yours faithfully,
[Defendant’s Name]
They wrote back and said this:
Good Morning,
A formal application on form N244 and fee of £119 are required if you wish to make a claim for costs.
Kind Regards,
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Costs are generally very limited in the Small Claims track. (This works both ways, and means that if you were to lose in small claims, you wouldn't find yourself liable to pay for the parking company's lawyer).
The exception is where you can show the other party has behaved unreasonably. Here, you are alleging that their failure to notify you they had discontinued the claim was unreasonable, and are therefore seeking your costs that were incurred as a result of their unreasonable behaviour.
Any costs you incurred before they discontinued were not a resukt of this.
Got you.
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Costs are generally very limited in the Small Claims track. (This works both ways, and means that if you were to lose in small claims, you wouldn't find yourself liable to pay for the parking company's lawyer).
The exception is where you can show the other party has behaved unreasonably. Here, you are alleging that their failure to notify you they had discontinued the claim was unreasonable, and are therefore seeking your costs that were incurred as a result of their unreasonable behaviour.
Any costs you incurred before they discontinued were not a resukt of this.
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Just put what you actually spent. Do not lie to the court. You can claim for your own time only. If you didn’t spend anything on printing, postage etc. then you can’t claim for it.
Understood.
Question though, how come only the time spent 'after' discontinuation is allowed to be claimed for?
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Just put what you actually spent. Do not lie to the court. You can claim for your own time only. If you didn’t spend anything on printing, postage etc. then you can’t claim for it.
-
Send the following to the court manager:
[Defendant’s Name]
[Defendant’s Address]
[City, Postcode]
[Email Address] (if applicable)
[Date]
The Court Manager
[Name of the Court]
[Court Address]
Re: Case No. [Claim Number] – Request for Costs Consideration under CPR 27.14(2)(g)
Dear Sir/Madam,
I write in relation to the above-referenced case, which I was defending. I have recently become aware that the claimant discontinued the claim on 11th February 2025, but they failed to notify me of this. I only discovered that the claim had been discontinued after contacting the court on 5th March 2025.
It is my submission that the claimant’s failure to inform me of the discontinuance constitutes unreasonable behaviour under CPR 27.14(2)(g), as it caused unnecessary time, stress, and effort in continuing to deal with the matter. Had I not proactively contacted the court, I would have remained unaware of the discontinuance.
In light of this, I respectfully request that the court considers awarding costs against the claimant. A breakdown of my costs is as follows:
Description: Time spent dealing with the case after discontinuance (research, drafting letters, contacting the court)
Hours: X
Rate: £19 per hour
Total: £XX.XX
Description: Printing and postage costs
Total: £XX.XX
Description: Other reasonable costs (if applicable)
Total: £XX.XX
Total Costs Sought: £XX.XX
Given the claimant's unreasonable conduct in failing to notify me, I request that the court considers making an order for my costs on the papers. I would be grateful if the court could confirm whether this matter can be considered administratively or if further steps are required.
Yours faithfully,
[Defendant’s Name]
Hi,
I don't have any printing or posting costs because everything was done by email and the overwhelming bulk of my defense came from your wisdom, which would take the inexperienced an extremely long time to learn. Not to mention the time spent writing the letters you very kindly shared with me. Do you think I should exclude trying to put a value on your contribution (which would be an immense amount of time) and restrict it to just the time I spent personally? Or, should I include an estimated nominal amount of time that an expert might have spent providing the assistance as you did? Like for like, your time would be much much higher than £19 per hour.
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I suggest it’s not about what’s reasonable, it’s about costs and time you actually incurred, and only you know that!
Evidence is your word, nothing more, for something you feel you can justify.
I wish I kept a record of the time I spent. Plus, b789 very very kindly provided the information and letters that hands down, guided the success of the claim.
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I suggest it’s not about what’s reasonable, it’s about costs and time you actually incurred, and only you know that!
Evidence is your word, nothing more, for something you feel you can justify.
-
Thank you very much for this.
I'll fire this off in the afternoon.
What would you say is a reasonable against the 3 points and would any of them need to be proved with evidence?
Description: Time spent dealing with the case after discontinuance (research, drafting letters, contacting the court)
Hours: X
Rate: £19 per hour
Total: £XX.XX
Description: Printing and postage costs
Total: £XX.XX
Description: Other reasonable costs (if applicable)
Total: £XX.XX
------------------
Thinking about just how much they take off people for so little yet most of us never considered the time and stress their claims put us through to then let them off charge free.
Thank you so much :)
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Send the following to the court manager:
[Defendant’s Name]
[Defendant’s Address]
[City, Postcode]
[Email Address] (if applicable)
[Date]
The Court Manager
[Name of the Court]
[Court Address]
Re: Case No. [Claim Number] – Request for Costs Consideration under CPR 27.14(2)(g)
Dear Sir/Madam,
I write in relation to the above-referenced case, which I was defending. I have recently become aware that the claimant discontinued the claim on 11th February 2025, but they failed to notify me of this. I only discovered that the claim had been discontinued after contacting the court on 5th March 2025.
It is my submission that the claimant’s failure to inform me of the discontinuance constitutes unreasonable behaviour under CPR 27.14(2)(g), as it caused unnecessary time, stress, and effort in continuing to deal with the matter. Had I not proactively contacted the court, I would have remained unaware of the discontinuance.
In light of this, I respectfully request that the court considers awarding costs against the claimant. A breakdown of my costs is as follows:
Description: Time spent dealing with the case after discontinuance (research, drafting letters, contacting the court)
Hours: X
Rate: £19 per hour
Total: £XX.XX
Description: Printing and postage costs
Total: £XX.XX
Description: Other reasonable costs (if applicable)
Total: £XX.XX
Total Costs Sought: £XX.XX
Given the claimant's unreasonable conduct in failing to notify me, I request that the court considers making an order for my costs on the papers. I would be grateful if the court could confirm whether this matter can be considered administratively or if further steps are required.
Yours faithfully,
[Defendant’s Name]
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On what date did they notify the court that they were discontinuing? If the court only received notice yesterday, for example, then your copy could still be on the way.
If they didn't send you a copy, you would need to write to the court and tell than about their failure and to request that a procedural judge order them to pay your costs for their unreasonable behaviour because of their abuse of process.
Okay so the court replied.
"Dear Sir/Madam,
The claimant notified the Court on 11 February 2025"
And I never received anything from them. What would you advise?
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On what date did they notify the court that they were discontinuing? If the court only received notice yesterday, for example, then your copy could still be on the way.
If they didn't send you a copy, you would need to write to the court and tell than about their failure and to request that a procedural judge order them to pay your costs for their unreasonable behaviour because of their abuse of process.
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If they did not copy you in to the N279 Notice of Discontinuation, you can claim costs for their unreasonable behaviour.
If they did, please show us the NoD.
Pretty sure that's a no, unless they will now send it through the post?
I'd love to claim costs of this nasty firm. How would I do it?
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Do you have a notice of discontinuation?
Is this something they should I can expect them to send me in the post?
-
If they did not copy you in to the N279 Notice of Discontinuation, you can claim costs for their unreasonable behaviour.
If they did, please show us the NoD.
-
Do you have a notice of discontinuation?
-
Ok I'll try that :)
Thank you so much.
Everything happened exactly as you said it would. They withdrew their claim confirmed by the court over the phone and in writing to our email.
Thank you :)
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Ok I'll try that :)
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Try calling first thing in the morning, around 8:30am.
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Tried calling the court today. Was caller number 137!
After making it into position 70 after around 40 minutes on the call, we were dropped off!
Reckon I can email them the questions?
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If you haven't received a copy of the N279 Notice of Discontinuation by the 5th March 2025, call the court the next day to confirm that the trial fee has been paid (unlikely).
In the unlikely event that the fee is paid and the hearing is going ahead, you will need a Witness Statement to be submitted no later than 14 days before the hearing date. So, you'll have plenty of time between 6th March 2025 and 19th March to prepare a WS if the need ever arises.
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To give you a break from and putting procedure to one side for a moment:
We just came back from holiday to find a claim form stating that we overstayed at a supermarket car park on the 27 of November last year.
The sum is £262.96! but we received nothing prior to this. Should I not have received some sort of parking ticket first with an option to contest it?
So, the keeper had no other notices, in particular the Notice to Keeper or Letter of Claim.
So,
1. Is the address on the claim the same in all respects as the V5C of the vehicle concerned?
2. Can you think of any reason why these notices(probably amongst others) would not have been received?
3. Has the keeper at any time made direct contact with the claimant?
Hi there,
1. Yes, V5C address is correct.
2. I wish
3. None at all
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They will want to settle out of court. Do not even try to do so. They will eventually discontinue. If you are getting unwanted calls from them (or anyone) simply block the number.
You certainly don't want any communications from them that is not in writing. A phone call is not worth the paper it is not written on. They will eventually send your "without prejudice" offer. Again, simply ignore them and wait for the N279 Notice of Discontinuation (NoD).
It is up to DCB Legal to send a copy to the defendant. However, they often conveniently forget to do so with the defendant showing up at court only to find out they had discontinued weeks or months earlier. If you've not heard from them within a month of the hearing date, phone the court to check whether they have discontinued and neglected to let you know.
In the meantime, I am drafting a letter to see if the allocation judge will set aside the order for the hearing as they have not issued the order that was attached to the defence. Whether that is because they never received a copy of it from the CNBC or just didn't issue it, we don't know.
Either way, as mentioned, they will discontinue anyway. Always more satisfying if you can get the claim struck out on your terms rather than discontinued on theirs.
Here is the link to pictures of the photos. They are a little bit jumbled (not sure how to re-order them!)
Link to court letters (https://photos.app.goo.gl/RDU5q8Ui9FeHHkVt6)
-
To give you a break from and putting procedure to one side for a moment:
We just came back from holiday to find a claim form stating that we overstayed at a supermarket car park on the 27 of November last year.
The sum is £262.96! but we received nothing prior to this. Should I not have received some sort of parking ticket first with an option to contest it?
So, the keeper had no other notices, in particular the Notice to Keeper or Letter of Claim.
So,
1. Is the address on the claim the same in all respects as the V5C of the vehicle concerned?
2. Can you think of any reason why these notices(probably amongst others) would not have been received?
3. Has the keeper at any time made direct contact with the claimant?
-
They will want to settle out of court. Do not even try to do so. They will eventually discontinue. If you are getting unwanted calls from them (or anyone) simply block the number.
You certainly don't want any communications from them that is not in writing. A phone call is not worth the paper it is not written on. They will eventually send your "without prejudice" offer. Again, simply ignore them and wait for the N279 Notice of Discontinuation (NoD).
It is up to DCB Legal to send a copy to the defendant. However, they often conveniently forget to do so with the defendant showing up at court only to find out they had discontinued weeks or months earlier. If you've not heard from them within a month of the hearing date, phone the court to check whether they have discontinued and neglected to let you know.
In the meantime, I am drafting a letter to see if the allocation judge will set aside the order for the hearing as they have not issued the order that was attached to the defence. Whether that is because they never received a copy of it from the CNBC or just didn't issue it, we don't know.
Either way, as mentioned, they will discontinue anyway. Always more satisfying if you can get the claim struck out on your terms rather than discontinued on theirs.
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These are standard letters. However, please show them to us, redacting only your personal information and the claim number. Everything else can be shown.
Even if nothing else was done by you, this would eventually be discontinued. However, as the allocation judge has not issued the order, we will need to send a skeleton argument. Please show us the letters you received first.
Thank you, I'll upload them and link them in.
PS, my partner keeps having missed calls from what must be the legal company representing the claimant, called DCB Legal. They've called us a few times but if my wife doesn't recognise the number, usually doesn't answer. They've called a few times. Left me wondering what they might want. Any ideas?
-
These are standard letters. However, please show them to us, redacting only your personal information and the claim number. Everything else can be shown.
Even if nothing else was done by you, this would eventually be discontinued. However, as the allocation judge has not issued the order, we will need to send a skeleton argument. Please show us the letters you received first.
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When the case management judge reads the defence they will either order the claimant to provide detailed PoC or strike the claim out. If they don't, they will order a trial date. At some point just before the claimant has to pay the trial fee, they will discontinue.
So We received:
1. A letter titled 'Notice of Allocation to the Small Claims Track (Hearing)' and dated the 1st of Dec 2024
2. A second letter almost immediately after titled 'Notice of Trial Date' and dated 2nd of Dec 2024. Trial date sent for the 2nd of April 2025.
Both are a bit tricky to understand, or at least be certain of the meaning. I'm hoping this is all standard stuff but I understood your earlier messages correctly, there's nothing to be done still?
-
Yes, if Reading is your local county court.
-
It can take months, depending on how busy your local court is. If you need to ask them questions, call the court where the case has been transferred to.
We just received a letter titled "Notice of Transfer of Proceedings"
Something about the claim being transferred to the County Court at Reading for allocation.
Does this all sound like the process you'd expect it to follow?
-
It can take months, depending on how busy your local court is. If you need to ask them questions, call the court where the case has been transferred to.
-
The case management order will arrive by post.
Any idea who I can call or write to if nothing arrives for a while?
-
The case management order will arrive by post.
-
When the case management judge reads the defence they will either order the claimant to provide detailed PoC or strike the claim out. If they don't, they will order a trial date. At some point just before the claimant has to pay the trial fee, they will discontinue.
Thank you.
Would correspondence be via post and do you have any idea how long they might take before we hear anything? Just that I'm paranoid about not chasing it up at the right time if any of their letters don't arrive.
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When the case management judge reads the defence they will either order the claimant to provide detailed PoC or strike the claim out. If they don't, they will order a trial date. At some point just before the claimant has to pay the trial fee, they will discontinue.
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Get the phone sorted. Your wife will have to e the person that takes the call. It is nothing to worry about. I tis not a trial and there are no lawyers or judges involved. It's just a person who has had a days training in mediation. The only requirement is ti "attend" the call.
Your wife says she is only prepared to offer £0 and it will all be over in less than 5 minutes.
The call was "attended" and that's the end of the matter. It has no bearing whatsoever on the proceedings as the progress.
Hi,
So my partner attended the phone meeting 2 weeks ago. She said she wouldn't offer to pay anything.
Do you know what happens next and when we should hear back?
-
Ill invest in a wired handset, test it and have her sit by it from 10 minutes before the call :)
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Get the phone sorted. Your wife will have to e the person that takes the call. It is nothing to worry about. I tis not a trial and there are no lawyers or judges involved. It's just a person who has had a days training in mediation. The only requirement is ti "attend" the call.
Your wife says she is only prepared to offer £0 and it will all be over in less than 5 minutes.
The call was "attended" and that's the end of the matter. It has no bearing whatsoever on the proceedings as the progress.
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Mediation is now compulsory. Nothing to worry about. It is not a trial and is simply someone with 10 minutes training trying to mediate between the parties. It is only compulsory to attend the phone call. You offer £0 and it is over in less than 5 minutes.
Okay so I just received an email with a date for a mediation telephone call. Only thing that has me worried is the threats in it if you miss the call. Reception at home is awful on our mobile networks so I'll need to get an old corded land phone and update the number with them just in case. It's scheduled just over a month away. By the way, I've been dealing with this on behalf of my wife so I wonder if I should take the call myself or just brief her on what to say (unless it's possible we get someone who wants to delve into things a bit more?)
-
Ok so I have done the following:
Emailed: dq.cnbc@justice.gov.uk, info@dcblegal.co.uk, myself
Subject: Claim Number: xxxxxx
Body of email:
Bearing in mind the contents of the defence, I would strongly suggest that the judge makes the attached order in support of which I also attach transcripts of two cases which support the proposition that the judge should make the order I suggest.
MCOL states that the claimants DQ was received in 21st August but I have not received a copy of it.
Attachments:
- My completed DQ
- Draft defence order
- PM v Akande transcript
- CEL v Chan transcript
-
D1 is "NO". You do not want a hearing 'on the papers'. You want a hearing in person.
Add the following to the text box:
"I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all the intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing."
Just send the copy to info@dcblegal.co.uk, dq.cnbc@justice.gov.uk and CC yourself.
Ok perfect. I'll do that. SO my other answers were fine. I'll just amend D1 as you outlined :)
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D1 is "NO". You do not want a hearing 'on the papers'. You want a hearing in person.
Add the following to the text box:
"I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all the intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing."
Just send the copy to info@dcblegal.co.uk, dq.cnbc@justice.gov.uk and CC yourself.
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You need to get a move on. You don’t need to “upload” anything. Just download the your DQ from the link, complete it on your computer, sign it by just typing your name in the signature box and then get it sent as a PDF attachment to an email to DQ.cnbc@justice.gov.uk and also the claimants solicitor and also CC in yourself in a single email.
Add in the body of the email that MCOL states that the claimants DQ was received in 21st August but you have not received a copy of it.
In your DQ you do not want a hearing on the papers and just put the following in the text box:
I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all the intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing.
I couldn't find the claimants solicitor email in the papers but I have through a quick google: sarah@dcblegal.co.uk. Reckon I should use this?
Claimants Legal Representative:
Sarah Ensall
DCB Legal LTD, Greenwood Drive
Runcorn
WA7 1UG
About the point not being content for the case to be heard 'on the papers' is it:
D1 Do you consider that this claim is suitable for determination
without a hearing, such as; by a judge reading and considering the
case papers, witness statements and other documents filed by the
parties, making a decision, and giving a note of reasons for that
decision?
So I should say no to this question a and explain with the statement:
"I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all the intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing."
Sorry to be asking for so much clarification
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Mediation is now compulsory. Nothing to worry about. It is not a trial and is simply someone with 10 minutes training trying to mediate between the parties. It is only compulsory to attend the phone call. You offer £0 and it is over in less than 5 minutes.
Cool
These were my answers to the questions I was a bit unsure of. Was I right?
C1 Do you agree that the small claims track is the appropriate track for
this case?
Yes
D1 Do you consider that this claim is suitable for determination
without a hearing,
Yes
E2 Are there any dates within the next 3 months when you will not be
able to attend your mediation appointment?
Yes Thursdays and Fridays
F1 At which County Court hearing centre would you prefer the small
claims hearing to take place and why?
Local to my home address
F2 Are you asking for the court’s permission to use the written
evidence of an expert?
No
F3 How many witnesses, including yourself, will give evidence on your
behalf at the hearing?
1 (myself)
F4 Are there any days within the next nine months when you, an expert
or a witness will not be able to attend court for the hearing?
Thursdays and Fridays
G1 Have you been advised of your right to give evidence in either
Welsh or English?
No
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Mediation is now compulsory. Nothing to worry about. It is not a trial and is simply someone with 10 minutes training trying to mediate between the parties. It is only compulsory to attend the phone call. You offer £0 and it is over in less than 5 minutes.
-
You need to get a move on. You don’t need to “upload” anything. Just download the your DQ from the link, complete it on your computer, sign it by just typing your name in the signature box and then get it sent as a PDF attachment to an email to DQ.cnbc@justice.gov.uk and also the claimants solicitor and also CC in yourself in a single email.
Add in the body of the email that MCOL states that the claimants DQ was received in 21st August but you have not received a copy of it.
In your DQ you do not want a hearing on the papers and just put the following in the text box:
I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all the intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing.
I am filling in the form but there's a load of stuff about mediation?
-
You need to get a move on. You don’t need to “upload” anything. Just download the your DQ from the link, complete it on your computer, sign it by just typing your name in the signature box and then get it sent as a PDF attachment to an email to DQ.cnbc@justice.gov.uk and also the claimants solicitor and also CC in yourself in a single email.
Add in the body of the email that MCOL states that the claimants DQ was received in 21st August but you have not received a copy of it.
In your DQ you do not want a hearing on the papers and just put the following in the text box:
I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all the intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing.
-
In which case go to:
https://assets.publishing.service.gov.uk/media/66a8b019ce1fd0da7b592f43/N180_0724.pdf
Download your DQ and complete it and send off as advised. You should also have received a copy of the claimants DQ in the next day or so. If you don’t, let us know.
Your DQ is emailed with the following message as a pdf and attached another copy of the draft order and copies of two persuasive appeal cases, CEL v Chan and CPM v Akande:
Quote
“Bearing in mind the contents of the defence I would strongly suggest that the judge makes the attached order in support of which I also attach transcripts of two cases which support the proposition that the judge should make the order I suggest”.
Draft defence order (https://www.dropbox.com/scl/fi/z8zcqfdncdoajgj4ag6a4/short-defence-orderP1.pages.pdf?rlkey=at98xmfwj0ehi3w9d0ia15ogp&dl=0)
CPM v Akande transcript (https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&dl=0)
CEL v Chan transcript (https://www.dropbox.com/scl/fi/xy54utt9djv55xitfp7lk/CEL-appeal-transcript.pdf?rlkey=304syf9czf5arl3i1u1ircjln&dl=0)
Hi,
I haven't received the claimants DQ still.
To confirm I have understood what I should be doing now.
1. Complete the DQ, upload and save as a PDF
2. Attach the completed PDF, draft order, 2 example case transcripts in my email to them
3. Ensure your quote is added to the main body of the same email
Am I correct?
-
In which case go to:
https://assets.publishing.service.gov.uk/media/66a8b019ce1fd0da7b592f43/N180_0724.pdf
Download your DQ and complete it and send off as advised. You should also have received a copy of the claimants DQ in the next day or so. If you don’t, let us know.
Your DQ is emailed with the following message as a pdf and attached another copy of the draft order and copies of two persuasive appeal cases, CEL v Chan and CPM v Akande:
Quote
“Bearing in mind the contents of the defence I would strongly suggest that the judge makes the attached order in support of which I also attach transcripts of two cases which support the proposition that the judge should make the order I suggest”.
Draft defence order (https://www.dropbox.com/scl/fi/z8zcqfdncdoajgj4ag6a4/short-defence-orderP1.pages.pdf?rlkey=at98xmfwj0ehi3w9d0ia15ogp&dl=0)
CPM v Akande transcript (https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&dl=0)
CEL v Chan transcript (https://www.dropbox.com/scl/fi/xy54utt9djv55xitfp7lk/CEL-appeal-transcript.pdf?rlkey=304syf9czf5arl3i1u1ircjln&dl=0)
-
You are the defendant. The claim is defended. Unless you filed a counterclaim (did you?) then there is nothing more to do for now. The claimant does not have a “defence” unless you counterclaimed.
If the claimant has accepted that they intend to proceed with the claim, they will have told the CNBC so but they should have also sent you a letter stating the fact that they intend to proceed with the claim. Have you had anything from the claimant solicitor?
The next thing will be your N180 DQ. It will arrive in the post but you can download one and fill it in already and save as a pdf, ready to attach to an email which is send to both the claimants solicitor and to the CNBC at DQ.cnbc@justice.gov.uk and you also CC in yourself.
If you can get access to your MCOL history, it will show when the CNBC has sent your DQ at which point you can simply email the one you have prepared.
Right totally make sense now. So this is to just confirm that I will be defending the claim made against me.
I haven't received a letter from their solicitors yet but in the MCO site shows the following under history:
Your defence was received on 29/07/2024
DQ sent to you on 19/08/2024
DQ filed by claimant on 21/08/2024
-
You are the defendant. The claim is defended. Unless you filed a counterclaim (did you?) then there is nothing more to do for now. The claimant does not have a “defence” unless you counterclaimed.
If the claimant has accepted that they intend to proceed with the claim, they will have told the CNBC so but they should have also sent you a letter stating the fact that they intend to proceed with the claim. Have you had anything from the claimant solicitor?
The next thing will be your N180 DQ. It will arrive in the post but you can download one and fill it in already and save as a pdf, ready to attach to an email which is send to both the claimants solicitor and to the CNBC at DQ.cnbc@justice.gov.uk and you also CC in yourself.
If you can get access to your MCOL history, it will show when the CNBC has sent your DQ at which point you can simply email the one you have prepared.
-
Normally, when you access the MCOL, it goes through your Government ID website. Once into MCOL, you only have to click the link in the lower right corner. I don't have access to it so you'd have to figure it out.
I'll much around with it to try and figure it out :)
I just received by post a letter titled: Notice of Proposed Allocation to the Small Claims Court
It says that it is now a defended claim and that the defendant has filed a claim, but the bit where it says 'a copy of which is enclosed' is crossed out and I can't seem to see anywhere they have included their defence. Just seems to be a few pages I need to fill in and then sign.
-
Normally, when you access the MCOL, it goes through your Government ID website. Once into MCOL, you only have to click the link in the lower right corner. I don't have access to it so you'd have to figure it out.
-
When I enter claim number and password under: Respond to claim made against you:
I get the following:
Homepage
The following errors have occurred:
Claim number or password is incorrect.
-
All is good. You have the acknowledgement email and now your MCOL shows that the defence was received. The CNBC is overwhelmed and responses/actions can take much longer than expected.
There has even been spate of cases where they have simply lost the defence, assigned to a local court and told the defendant to simply resubmit their defence to the local court.
For now, you are waiting on a letter from the CNBC telling you that the claimant has been sent your defence and they will confirm whether they intend to continue. They normally include a copy of there N180 DQ which you just file for reference.
Keep checking your MCOL on a weekly basis to see when they send you your own N180 DQ. You can download one now ad complete it, ready to email to the court and the claimants solicitor when your MCOL says that yours has been sent (by post).
https://assets.publishing.service.gov.uk/media/66a8b019ce1fd0da7b592f43/N180_0724.pdf
Patience is the order of the day.
Hiya,
I must be missing a trick but the page refreshed and now I cant seem to figure out how to get back to that MCOL page/site
When I google MCOL login, I get an option to make a claim. I follow those steps until it says "you can't use this service"
Another route I went was> https://www.moneyclaim.gov.uk/web/mcol/useradmin> Option under Individual is 'Register' but I already registered?
-
All is good. You have the acknowledgement email and now your MCOL shows that the defence was received. The CNBC is overwhelmed and responses/actions can take much longer than expected.
There has even been spate of cases where they have simply lost the defence, assigned to a local court and told the defendant to simply resubmit their defence to the local court.
For now, you are waiting on a letter from the CNBC telling you that the claimant has been sent your defence and they will confirm whether they intend to continue. They normally include a copy of there N180 DQ which you just file for reference.
Keep checking your MCOL on a weekly basis to see when they send you your own N180 DQ. You can download one now ad complete it, ready to email to the court and the claimants solicitor when your MCOL says that yours has been sent (by post).
https://assets.publishing.service.gov.uk/media/66a8b019ce1fd0da7b592f43/N180_0724.pdf
Patience is the order of the day.
-
When you emailed the defence/draft order, did you receive an auto-response email from the CNBC? What date did you email the defence?
If you didn’t receive any auto-response email, it means that the defence was not received. If so, do not resend what you sent, there is a slight modification to the defence and draft order which you can download here:
Short defence third person (https://www.dropbox.com/scl/fi/e3ywca2o8vkrqxpy6bddn/Short-defence.pdf?rlkey=x1fukkeyi1w58l6x2axezmwid&dl=0)
Draft order for the short defence (https://www.dropbox.com/scl/fi/z8zcqfdncdoajgj4ag6a4/short-defence-orderP1.pages.pdf?rlkey=at98xmfwj0ehi3w9d0ia15ogp&dl=0)
Hi,
I sent the defence/draft order on the 24th of July and received an auto reply immediately from ClaimResponses.CNBC which reads as follows:
"Thank you for emailing the Claim Responses Team in the Civil National Business Centre. Please expect a response to your enquiry in 10 days
When sending us documents please ensure you comply with the Practice Direction 5B
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part05/pd_part05b
Documents not complying will not be accepted, in particular if it is over 10MB or 25 printed pages in size."
This is what I see in MCO under Claim History:
Your acknowledgment of service was submitted on 24/07/2024 at 10:57:53
Your acknowledgment of service was received on 24/07/2024 at 14:05:08
Your defence was received on 29/07/2024
Am I in the right place or is there an action I should take?
-
When you emailed the defence/draft order, did you receive an auto-response email from the CNBC? What date did you email the defence?
If you didn’t receive any auto-response email, it means that the defence was not received. If so, do not resend what you sent, there is a slight modification to the defence and draft order which you can download here:
Short defence third person (https://www.dropbox.com/scl/fi/e3ywca2o8vkrqxpy6bddn/Short-defence.pdf?rlkey=x1fukkeyi1w58l6x2axezmwid&dl=0)
Draft order for the short defence (https://www.dropbox.com/scl/fi/z8zcqfdncdoajgj4ag6a4/short-defence-orderP1.pages.pdf?rlkey=at98xmfwj0ehi3w9d0ia15ogp&dl=0)
-
This is all standard procedure. Nothing out of the ordinary and as expected.
Please confirm you sent the Short defence and the draft order as is.
You are now waiting for your own N180 DQ form. You can download one online and have it ready to send to the CNBC and the claimant once you receive notification on your MCOL history that one has been sent to you. It could be weeks.
What I expect will happen after that is that the claim will either be struck out or the claimant will receive the order from the case management judge and the claimant will either fail to fully comply with the order, claim struck out or they will discontinue.
In the highly unlikely case of the claimant being able to fully comply with the order, you will be given a suitable period to amend your defence. If it ever comes to that, we will cross that bridge as and when.
For now, check your MCOL for notification that your DQ has been sent.
Yes I sent the short defence exactly as instructed.
I just logged in to the MCOL and could only see the AOS unless I'm looking in the wrong place.
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This is all standard procedure. Nothing out of the ordinary and as expected.
Please confirm you sent the Short defence and the draft order as is.
You are now waiting for your own N180 DQ form. You can download one online and have it ready to send to the CNBC and the claimant once you receive notification on your MCOL history that one has been sent to you. It could be weeks.
What I expect will happen after that is that the claim will either be struck out or the claimant will receive the order from the case management judge and the claimant will either fail to fully comply with the order, claim struck out or they will discontinue.
In the highly unlikely case of the claimant being able to fully comply with the order, you will be given a suitable period to amend your defence. If it ever comes to that, we will cross that bridge as and when.
For now, check your MCOL for notification that your DQ has been sent.
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In short, settlement is for those willing to settle. You are, I assume, looking to pay £0. I definitely wouldn't speak to them on the phone, a phone call is worth as much as the paper it isn't written on.
Yes I really don't want to pay these people a thing.
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In short, settlement is for those willing to settle. You are, I assume, looking to pay £0. I definitely wouldn't speak to them on the phone, a phone call is worth as much as the paper it isn't written on.
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Only edit the defence with your name, the claimants name (UK Parking Control Ltd) and the claim number. Do not edit the order. The allocating judge will put the date in. Attach that as is.
You can simply type your name for the signature so no need to actually print it.
Here is a Word version of the defence:
https://www.dropbox.com/scl/fi/7syvvf4oyzhhf8ivpm8l5/Short-defence.docx?rlkey=nt6872tcq0pru7t4y9ofef1x1&st=dp7w77hu&dl=0
Here is a pdf of the order:
https://www.dropbox.com/scl/fi/zgyll28jotx8hx7xv9ln6/short-defence-order-copy.pdf?rlkey=fa6lj4510zf0xk3d8klcmqcnl&st=61n54qfi&dl=0
Okay so a few days ago we received the acknowledgement for our defense (link to letter below), and then this morning received a letter of the claimants intention to proceed with the claim (also linked below). The letter where they inform us of their intent to proceed, is dated 31st of July and they give 7 days if we wish to discuss settlement. Odd that it should have been delivered to us on the last of the 7 days!
Anyway, I'd really appreciate guidance on next steps :)
https://photos.app.goo.gl/M9uPrSm4Yi1aCTWr6
https://photos.app.goo.gl/JLwz6ChQRsuv6kjA7
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Will do :)
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The site is provided for free (the owner, Southpaw82 very generously covers the cost of hosting).
If you prevail, you may wish to use some of the saved money to donate to charity, but there is no obligation to do so.
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Thank you both,
I sent both documents exactly as instructed to the email with references.
You made it idiot proof for me :) (required)
I just received an auto reply:
Thank you for emailing the Claim Responses Team in the Civil National Business Centre. Please expect a response to your enquiry in 10 days
When sending us documents please ensure you comply with the Practice Direction 5B
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part05/pd_part05b
Documents not complying will not be accepted, in particular if it is over 10MB or 25 printed pages in size.
If this gets cancelled, I promise to donate £50 to this site if it accepts donations?
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Only edit the defence with your name, the claimants name (UK Parking Control Ltd) and the claim number. Do not edit the order. The allocating judge will put the date in. Attach that as is.
You can simply type your name for the signature so no need to actually print it.
Here is a Word version of the defence:
https://www.dropbox.com/scl/fi/7syvvf4oyzhhf8ivpm8l5/Short-defence.docx?rlkey=nt6872tcq0pru7t4y9ofef1x1&st=dp7w77hu&dl=0
Here is a pdf of the order:
https://www.dropbox.com/scl/fi/zgyll28jotx8hx7xv9ln6/short-defence-order-copy.pdf?rlkey=fa6lj4510zf0xk3d8klcmqcnl&st=61n54qfi&dl=0
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Perfect :D
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Any tips on how to create a pdf file out of this? I'm so not computer literate beyond sending emails, typing documents and browsing emails and the internet.
Have you got Microsoft Word, or another similar word processor? If so, when you go to save the document, you should get an option like the below:
(https://i.imgur.com/sYeSshR.png)
Click where it says "Word Document (*.docx)" and in the drop down box there should be an option for PDF.
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Any tips on how to create a pdf file out of this? I'm so not computer literate beyond sending emails, typing documents and browsing emails and the internet.
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This is total leaglese to me but it looks like you really know what you're on about :)
Forgive my ignorance but do I understand next steps correctly:
1. Edit the defence you posted to include my name, case number, claimant, signed and dated
2. Edit the order with
Save them as pdf files
3. Attached them in an email addressed to claimresponses.cnbc@justice.gov.uk
4. With the claim ref in the subject line and 'Please see attached defence and draft order for claim [claim number]' in the main body of the email
5. Only thing to edit in the order is to put the date of the 14th of August if I send it today (24 July)?
Will I receive any sort of confirmation or expect to receive a reply?
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You are defending ALL the claim. Thankfully you did so.
Is the V5C registration document up to date? Did you move at any time in the last year or so and if so, did you update the V5C address with the DVLA. Updating your drivers licence does not automatically update the V5C.
Why are you thinking that you are liable for an alleged debt to an unregulated private parking company. Can anyone simply send you an invoice and you will just pay it without wondering why you are alleged to owe the money?
The claim is against the driver. The claimant is alleging that, because the driver (who is always liable for the alleged debt) is unknown, they can also sue the keeper, who is known. They cannot do both. If they want to be able to transfer liability from the unknown driver to the known keeper, they will have had to comply fully with all the requirements of PoFA. We have no idea if they did or did not.
Was the driver aware that there were conditions for stopping on the private land? Was the fact that there was a charge of £100, adequately brought to the attention of the driver? Was the signage fully compliant with the unregulated private parking company's Approved Operator Scheme? Does the PPC even have a valid contract flowing from the landowner to them that allows them to issue PCNs in their own name?
There are so many failures in their claim that the short defence will force them to submit a new particulars of claim that fully comply with the attached order. They will be unable to do so.
As you have done the AOS, the defence must be submitted before the deadline. The defence and order should filed as PDF attachments to an email to claimresponses.cnbc@justice.gov.uk. The subject of the email should contain the claim reference number and simply state in the body of the email: Please see attached defence and draft order for claim [claim number].
This is the suggested defence:
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.
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(1)(a).
3.The Defendant is unable to plead properly to the PoC because:
(i) The contract referred to is not detailed or attached to the PoC in accordance with CPR PD 16.7.5;
(ii) 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;
(iii) The PoC do not set out the reason (or reasons) why the claimant asserts the defendant has breached the contract (or contracts);
(iv) 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;
(v) The PoC do not state exactly how the claim for statutory interest is calculated;
(vi) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;
(vii) 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:
This is the draft order that should be sent with the defence:
Of the Court's own initiative and upon reading the particulars of claim and the defence,
AND the court being of the view that there is a lack of precise detail in the particulars of claim in respect of the factual and legal allegations made against the defendant(s), such that the particulars of claim do not comply with CPR 16.4(1)(a),
It is Ordered that:
1. Unless the Claimant by 4pm on [insert a date here, 14 days from the date of this order] files at court further particulars of claim which comply with CPR 16.4(1)(a) and which set out:
(i) the precise and concise factual allegations it makes against the Defendant;
(ii) the factual or legal basis (or both) of its claim; and
(iii) exactly how its claim is calculated (if there is a claim for a fixed sum);
then the claim shall be struck out.
2. For the avoidance of doubt, the further particulars of claim must:
(i) Refer to and have attached to them a copy of the contract (or contracts) between the Claimant and Defendant relied upon (clearly marked "A") and set out the exact wording of the clause(s) of the terms and conditions of the contract(s) which is (or are) relied upon.
(ii) Refer to and have attached to them a copy of each of the PCNs which forms the basis of this claim (clearly marked "B") and state by what method each of the PCNs was first brought to the attention of the Defendant. For example, attaching it to the Defendant's vehicle.
(iii) In respect of each and every alleged breach of contract, set out the reason(s) why the Claimant asserts that the Defendant was in breach of contract.
(iv) In respect of each and every alleged breach of contract, set out:
(a) the full postal address where the breach took place,
(b) the precise date and time of the alleged breach, and
(c) exactly how long it is alleged that the Defendant parked his/her/its/their vehicle before the parking charge was incurred.
(v) State whether the Defendant is sued as the driver of the vehicle or the keeper of the vehicle. The further particulars of claim must not plead that the Defendant is sued either as the driver of the vehicle or as the keeper of the vehicle.
(vi) State what part of the claim is for non-payment of the PCN and what part of the claim is for damages, explaining the factual or legal basis (or both) of the claim for damages.
(vii) Set out a precise calculation of any claim for statutory interest up to the date of issue, including the date when it is said that interest started running.
3. Permission is granted to either party to apply to set aside, vary, or stay this order by an application on notice, which must be filed at this Court no later than 5 days after service of this order. Failing which, no such application may be made.
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With a claim issue date of 12th July, you have until Wednesday 31st July to acknowledge service (AoS) of the claim. There is no advantage to delaying the AoS. However, by filing the AoS, you then have until 4pm on Wednesday 14th August to submit your defence.
You should have a read of the document in the link below on how to submit your AoS. Do not use the MCOL to submit your defence. That should be done as a PDF attachment to an email which will be advised once you have done the AoS.
https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
There is a new "short" defence that should shorten the whole process and see this either discontinued or struck-out because the claimant has failed to follow the rules, namely CPR 16.4(1)(a).
AoS submitted and alarm set to warn before 14th of Aug.
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Ok I sent the AoS as instructed and chose the option contest all - hope that was correct. Was worried the site might time before I receive further guidance.
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Unless you accept you owe some of the money, you should be choosing to defend 'all' of the claim.
Well we were parked at the site and almost certainly stayed beyond what we did not know was the limit. I am assuming there would have been signage though we did not see or think to read them. It does seem very unreasonable to charge customers using the site, fines in this way, but I wonder if claiming I shouldn't pay anything would be seen as a weak argument. Or if I would be claiming the escalation of costs should be redacted due to not having sent me fines at any intermediary stages?
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Unless you accept you owe some of the money, you should be choosing to defend 'all' of the claim.
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With a claim issue date of 12th July, you have until Wednesday 31st July to acknowledge service (AoS) of the claim. There is no advantage to delaying the AoS. However, by filing the AoS, you then have until 4pm on Wednesday 14th August to submit your defence.
You should have a read of the document in the link below on how to submit your AoS. Do not use the MCOL to submit your defence. That should be done as a PDF attachment to an email which will be advised once you have done the AoS.
https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
There is a new "short" defence that should shorten the whole process and see this either discontinued or struck-out because the claimant has failed to follow the rules, namely CPR 16.4(1)(a).
Thank you for this. Based on my particular case, should I select defend 'all' or 'part' in the AoS?
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I couldn't see a password anywhere on it?
Right hand side, above the table with the claim amounts etc. on it.
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Have removed.
Thanks for that :)
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You need to remove the image of the claim form you posted as it shows the claim number and your MCOL password. In the meantime, here is a suitably redacted copy:
(https://i.imgur.com/go2gFPV.jpeg)
Thanks for letting me know. Wasn't aware of that claim form number needing to be kept private from the forum and I couldn't see a password anywhere on it?
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With a claim issue date of 12th July, you have until Wednesday 31st July to acknowledge service (AoS) of the claim. There is no advantage to delaying the AoS. However, by filing the AoS, you then have until 4pm on Wednesday 14th August to submit your defence.
You should have a read of the document in the link below on how to submit your AoS. Do not use the MCOL to submit your defence. That should be done as a PDF attachment to an email which will be advised once you have done the AoS.
https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
There is a new "short" defence that should shorten the whole process and see this either discontinued or struck-out because the claimant has failed to follow the rules, namely CPR 16.4(1)(a).
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Have removed.
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You need to remove the image of the claim form you posted as it shows the claim number and your MCOL password. In the meantime, here is a suitably redacted copy:
(https://i.imgur.com/go2gFPV.jpeg)
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This is the aerial view of the shopping site where we had parked.
https://www.google.com/maps/place/Reading/@51.4610132,-0.9743577,246m/data=!3m1!1e3!4m6!3m5!1s0x48742078d93d3db7:0x2ae19f7fcefa7994!8m2!3d51.4551201!4d-0.9787475!16zL20vMGJfeXo?entry=ttu
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Regarding uploading images, same advice as I gave on your other post in April:
To help us help you, take a look through the following thread and provide as much information you can that is mentioned therein: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
Cheers. Just updated the original post with a link to the form
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Without knowing the location of the alleged parking event and the details of the claim or who the claimant is and whether they are represented by one of the roboclaim firms of solicitors, it is going to be nigh on impossible to assist you.
If you want a chance to avoid paying anything to these scammers, then please follow the advice from @DWMB2 in the post above mine!
I have since updated my original post with a link to the photos after DWMB2'S advice
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Without knowing the location of the alleged parking event and the details of the claim or who the claimant is and whether they are represented by one of the roboclaim firms of solicitors, it is going to be nigh on impossible to assist you.
If you want a chance to avoid paying anything to these scammers, then please follow the advice from @DWMB2 in the post above mine!
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Regarding uploading images, same advice as I gave on your other post in April:
To help us help you, take a look through the following thread and provide as much information you can that is mentioned therein: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
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We just came back from holiday to find a claim form stating that we overstayed at a supermarket car park on the 27 of November last year.
The sum is £262.96! but we received nothing prior to this. Should I not have received some sort of parking ticket first with an option to contest it?
My wife regularly visits the site and she usually visits multiple outlets while there, so it is feasible that she stayed for over their designated time (not that she would have known that at the time) - it isn't a site where you need to take a ticket with a free period. I am sure they will have signs up but if I am to be honest, neither of us were aware prior to this that there was a time limit to shopping at the site. There are no machines to give the option even to extend.
I don't know what the original amount was and this has definitely put us off shopping at the site in future, but is there something we can do about it because being slapped with a £262 charge for staying a little longer at their site while shopping in there stores seems like madness.
Please help
Image of first 2 pages of the court letter:
[IMAGE REMOVED]