Without Prejudice Save as to Costs
Dear Sir/Madam,
I acknowledge receipt of your offer dated 8 April 2025. I do not accept liability in this matter. However, in order to avoid further litigation and court time, I am willing to consider a resolution. I would be prepared to settle this matter in full for £0.00, with no admission of liability, on the basis that the claim is formally discontinued and confirmation is provided that no further action will be taken.
Alternatively, should your client wish to discontinue proceedings unilaterally, I would consider that a satisfactory conclusion.
Yours faithfully,
[Your name]
Dear LemonTootski (name changed tto protect the innocent, :),
Re: Our Client: Cp Plus Ltd T/a Groupnexus
8 April 2025
WITHOUT PREJUDICE SAVE AS TO COSTS
We write to you in relation to the above matter.
To assist the Court in achieving its overriding objective, our Client may be prepared to settle this case. I can confirm our Client would be agreeable to £60.00 in full and final settlement of this Claim. The current outstanding balance is £286.08.
Should you be agreeable to this offer, please confirm the same within 7 days. Payment can be made via our website www.dcblegal.co.uk, by calling our office on 0203 838 7038 or via bank transfer:
DCB Legal Ltd Client Account
Sort Code: 20-24-09
Account no: 60964441
The Defendant argues that the Claimant's Particulars of Claim lack sufficient detail and fail to comply with legal requirements (CPR 16.4). The PoC does not provide enough information about the alleged contract, the specific breaches, or the breakdown of the claim. This makes it impossible for the Defendant to respond properly. The Defendant has included a suggested order from another case to clarify the issues and allow a proper defence.So this is going to a county court. My N180 directions have been filed, and i look forward to preparing a WS and a hearing in my local court in the future.
To this end, to reach a mutually agreeable resolution or settlement, and save both time and costs, I propose the dismissal of the claim.
Dear Sir/Madame
I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given that the Claimant appears to be a firm that routinely submits cut-and-paste parking case paperwork as its modus operandi, having this case heard solely on paper would seem inappropriate; giving the Claimant an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.
The name of the court is "Civil National Business Centre".
To be completed by "Your full name" and you are the "Defendant".
C1: "YES"
D1: "NO". Reason: "I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question."
F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option
F3: "1".
Good morning
Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim. In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.
Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.
If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.
Kind Regards,
DCB Legal Ltd
...I would say, with this case involving DCB Legal, there's a pattern of behaviour established that would suggest that submitting this defence (and indeed frankly any defence) will lead to the case being discontinued.
The defence provided has been drafted by a long, still serving, District Judge who sees and determines these kinds of claims from serial and bulk litigators every day. I'd take their advice about what is the best defence to use in these circumstances any day. Not a single one has even reached a hearing to date.I'm just wondering what action I should take further ?
OP , if you're happy to play procedural games which you don't understand and with questionable prospectsThere are legitimate concerns that can and have been raised about the potential risks involved with the suggested defence (one of which being that if the judge were to decide the PoC are fine, then the 'defence' doesn't really set out any other grounds of defence).
ClaimResponses.CNBC<ClaimResponses.CNBC@justice.gov.uk>
Thank you for emailing the Claim Responses Team in the Civil National Business Centre. Please expect a response to your enquiry in 10 days.
IN THE COUNTY COURTClaim 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.
3. The Defendant is unable to plead properly to the PoC because:(a) The contract referred to is not detailed or attached to the PoC in accordance with CPR PD 16(7.5);
(b) The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract (or contracts) which is/are relied on;
(c) The PoC do not set out the reason (or reasons) why the claimant asserts the defendant has
breached the contract (or contracts);
(d) The PoC do not state with sufficient particularity exactly where the breach occurred, the exact time when the breach occurred and how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred;
(e) The PoC do not state exactly how the claim for statutory interest is calculated;
(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;
(g) The PoC states that the Claimant is suing the defendant as the driver or the keeper. The claimant obviously knows whether the defendant is being sued as the driver or the keeper and should not be permitted to plead alternative causes of action.
4. The Defendant has attached to this defence a copy of an order made at another court which the allocating judge ought to make at this stage so that the Defendant can then know and understand the case which he/she/it faces and can then respond properly to the claim.
Statement of truth
I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed:
Date: