Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: Woz on December 30, 2024, 12:00:09 pm

Title: Re: PCN court letter
Post by: Woz on March 12, 2025, 06:00:26 pm
Thankyou very much b789 I’ve resent it and received another email confirmation. Thanks for helping. Hope you have a nice evening 👍
Title: Re: PCN court letter
Post by: b789 on March 12, 2025, 05:45:58 pm
It is 7 days from "service" of the order. They allow 5 days for service so you have until the 17th March to resend your copy of the DQ..

You should also send a formal complaint to the CNBC with evidence of your email receipt from when you originally submitted your DQ and demand an apology for their false accusation.

Just resend your DQ to dq.cnbc@justice.gov.uk and make sure you include the clam number in the subject of the email.
Title: Re: PCN court letter
Post by: Woz on March 12, 2025, 05:16:30 pm
Hi good people. Unfortunately I’ve received a letter today that requires me to respond within 7 days. I received the letter today dated the 5th march so looks like I might be out of time.

The letter states I’ve not sent the questionnaire form in time. But looking back I received a confirmation email from both the claimant and the court.

I can’t understand why the court are saying they have not received this.

Letter attached.

Please help.



[attachment deleted by admin]
Title: Re: PCN court letter
Post by: b789 on February 12, 2025, 07:26:16 am
What is it about the mediation that you don’t fancy? It is not part of the judicial process. No judge or lawyers are involved.

It is just some person who went on a days course on how they expect them to “mediate”. The mediator is not legally trained and is simply an intermediary who has a telephone held to each ear and is supposed to relay from one phone to the other.

You heed the advice given already. You offer £0. That’s the end of it. It has absolutely no bearing on anything going forward.
Title: Re: PCN court letter
Post by: DWMB2 on February 11, 2025, 10:37:14 pm
I really don’t fancy mediation.
It's nothing to fear. You attend the call, and when it's your turn to speak, set out that you are not prepared to offer anything. Don't get drawn into any debate as to your defence. If asked about it, state that you have set out your position in your defence, a copy of which has been provided to the claimant. You stand by what you put in the defence and do not believe you owe any money. It should be over fairly promptly then.
Title: Re: PCN court letter
Post by: Woz on February 11, 2025, 09:34:37 pm
Thankyou so much B789 I really do appreciate it. I’ve now done as you have said. Hopefully this will put an end to it. I really don’t fancy mediation.
Thanks again
Title: Re: PCN court letter
Post by: b789 on February 11, 2025, 08:19:51 pm
Because their copy is already filled out! Mediation is mandatory now. It is not going to be an issue but you must "attend" the call.
Title: Re: PCN court letter
Post by: Woz on February 11, 2025, 08:13:39 pm
Sorry, I more thing. Should I leave the mediation part blank?

Thanks again
Title: Re: PCN court letter
Post by: Woz on February 11, 2025, 08:06:27 pm
Wow! Thankyou so much for your quick reply. How would I know that it isn’t a copy from DCB Legal? Thankyou
Title: Re: PCN court letter
Post by: b789 on February 11, 2025, 06:29:40 pm
Having received your own N180 (make sure it is not simply a copy of the claimants N180), do not use the paper form. Ignore all the other forms that came with it. you can discard those. Download your own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.

https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf

Here are the answers to some of the less obvious questions:

• The name of the court is "Civil National Business Centre".

• To be completed by "Your full name" and you are the "Defendant".

• C1: "YES"

• D1: "NO". Reason: "I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question
.."

• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option

• F3: "1".

• Sign the form by simply typing your full name for the signature.

When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.
Title: Re: PCN court letter
Post by: Woz on February 11, 2025, 06:08:23 pm
Good evening people it’s a bit late but I’ve received a letter from the court. I’m hoping you good people could give me some guidance on how to proceed. Thanks in advance

[attachment deleted by admin]
Title: Re: PCN court letter
Post by: Woz on January 29, 2025, 07:23:00 pm
Oh sweet! Thanks for that you’ve made my day. I thought I was done for. Thanks again
Title: Re: PCN court letter
Post by: DWMB2 on January 29, 2025, 06:04:37 pm
This is all part of the normal procedure. They will discontinue at the last minute.
Title: Re: PCN court letter
Post by: Woz on January 29, 2025, 05:40:46 pm
Hi people. I received a letter from dcb legal today. Looks like they’re going to take it to court. Gutted 😞

[attachment deleted by admin]
Title: Re: PCN court letter
Post by: b789 on January 07, 2025, 01:33:43 am
It confirms that the defence has been acknowledged. No CCJ.
Title: Re: PCN court letter
Post by: Woz on January 06, 2025, 05:58:42 pm
Thankyou for helping good people. I received a letter today so hopefully they haven’t started the process of ccj.

Does anyone know if this letter confirms whether or not they have pressed the ccj button for being late?

[attachment deleted by admin]
Title: Re: PCN court letter
Post by: b789 on December 30, 2024, 08:30:24 pm
Not that it really matters with a DCB Legal issued claim that will be discontinued, but you will note that the dates in the Particulars of Claim (PoC) are not true. The alleged contravention dates were 23/09/2023 and 03/10/2023 but there is no way the PCNs were issued the same day if you received them as postal Notices to Keeper (NtK) because the operator had to apply to the DVLA for the Keepers data before they can "issue" the PCN.
Title: Re: PCN court letter
Post by: Woz on December 30, 2024, 07:44:33 pm
Another one

[attachment deleted by admin]
Title: Re: PCN court letter
Post by: Woz on December 30, 2024, 07:37:14 pm
Bit of context to show I’m not just trying to “get off” a legitimate claim

[attachment deleted by admin]
Title: Re: PCN court letter
Post by: Woz on December 30, 2024, 07:15:08 pm
That’s great to hear. Hopefully they have been too busy for Christmas to press the CCJ button.

honestly, can’t thank you guys enough. Hope you all have had a good Christmas and all the best for new year.
Title: Re: PCN court letter
Post by: b789 on December 30, 2024, 05:14:49 pm
You won't be paying a penny. The claim will be discontinued some time next year, as long as it has been defended, before they have to pay the trial fee.

You are now waiting for acknowledgement of your defence by the claimant and then your N180 DQ which we'll advise on when you tell us about it.
Title: Re: PCN court letter
Post by: Woz on December 30, 2024, 05:05:31 pm
Ahhhh ok thanks for clearing that up for me. Still fingers crossed I can have some good luck for once. Thanks to everyone again. This help is very much appreciated.
 
I’ll think of a way that I can repay the website for the help given. Win or lose.
Title: Re: PCN court letter
Post by: b789 on December 30, 2024, 04:58:26 pm
Do you think the underlined sentence may help me out a bit.

Excuse my bad maths. It doesn't matter if you pass the deadline as long as the claimant hasn't pressed the default CCJ button.

With an issue date of Thursday 28th November, the claim was served on Tuesday 3rd December. You had until Tuesday 17th December to submit your AoS. You submitted the AoS on Thursday 19th December (late). By doing the AoS, you therefore extended the time to submit the defence to 4pm tomorrow, Tuesday 31st December.

The claimant could have pressed the button for a default CCJ on Wednesday 18th December as the AoS/defence was past the deadline. If they didn't, then you are very lucky.
Title: Re: PCN court letter
Post by: Woz on December 30, 2024, 04:38:29 pm
Do you think the underlined sentence may help me out a bit.

[attachment deleted by admin]
Title: Re: PCN court letter
Post by: b789 on December 30, 2024, 04:34:55 pm
Fingers crossed they have not already pressed the button to obtain the default CCJ. Keep checking the MCOL history for updates.
Title: Re: PCN court letter
Post by: Woz on December 30, 2024, 04:28:05 pm
Thankyou for your help. I have now submitted my defence copied and pasted from here, online with MCOl.

Sorry for confusing things. The claim is against my wife and I submitted the AOS in her name on her behalf.

I stupidly thought I had 28 days after submitting the AOS to sort out a defence.

Thanks again fingers crossed I suppose.
Title: Re: PCN court letter
Post by: DWMB2 on December 30, 2024, 03:56:15 pm
The above from b789 is correct, particularly around the urgency of the matter given that your defence is now overdue.

I did want to pick up on something for clarity... you state:
The claim is against my wife.
Then go on to state:
I acknowledged service on 19/12/2024.
If your wife is the defendant, she should be the one doing this (or, at least, it should be done in her name) - has this been done in her name?
Title: Re: PCN court letter
Post by: b789 on December 30, 2024, 03:34:16 pm
Found it…

Quote
You do not have time to submit anything else and because the MCOL form removes all formatting and is limited to 122 lines of 45 characters, including spaces and punctuation, here is a very basic defence you can submit by copying and pasting:

Quote
1. The Defendant denies liability for this claim.

2. The Particulars of Claim are woefully inadequate and fail to comply with CPR 16.4. As such, the Defendant is unable to provide a properly pleaded defence.

3. Specifically, the Particulars of Claim fail to:

(a) include or detail the alleged contract, breaching CPR PD 16.7.5;
(b) specify the exact wording of the contractual terms allegedly breached;
(c) specify where, when, or how long the alleged breach occurred;
(d) clearly set out a breakdown of the claim, including parking charges, damages, or interest calculations;
(e) clarify whether the Defendant is being pursued as the driver or the keeper.

4. The lack of detail in the Particulars of Claim leaves the Defendant unable to understand the case or prepare a defence.

5. The Defendant requests that the claim be struck out pursuant to CPR 3.4(2)(a) on the grounds that the Particulars of Claim disclose no reasonable grounds for bringing the claim.

6. In the alternative, the Defendant requests that the Claimant be ordered to provide complete and particularised Particulars of Claim that fully comply with CPR 16.4 in all respects.
Title: Re: PCN court letter
Post by: b789 on December 30, 2024, 03:31:16 pm
With an issue date of 28th November and having submitted your AoS in a timely manner, you had until 4pm on Friday 27th December to submit your defence. Since that time, the claimant is able to request an automatic CCJ against the defendant.

I suggest you immediately (right now) submit the defence, any defence, in the hope they have not already issued the CCJ. We don’t normally suggest using the MCOL for submitting a defence but you are in a race against time.

Luckily there was a similar case a day or so where I provided a suitable defence for use on MCOL and I will provide it here as soon as I find it.
Title: Re: PCN court letter
Post by: Woz on December 30, 2024, 12:16:40 pm
Wow. What a quick response, thankyou.

The claim is against my wife. She is the registered keeper.

I acknowledged service on 19/12/2024.

I acknowledged service online via MCOL.

Thanks again.
Title: Re: PCN court letter
Post by: DWMB2 on December 30, 2024, 12:03:19 pm
Welcome. Some initial questions:

Title: PCN court letter
Post by: Woz on December 30, 2024, 12:00:09 pm
Hi everyone. I’m a new member trying to find some guidance with a PCN that has recently gone to court. Any help would be very much appreciated. Thankyou in advance.

A bit of back story.

My wife received 2 pcns on different days one being 23/09/2023 and the other was on 03/10/2023. My wife was not driving, I was.

On both occasions I was minutes late to buy another ticket to extend my time parking. I paid on both occasions a lot more time than used.

I tried to explain this to the parking company through their website but unfortunately they didn’t except my response. Now a Court letter has come through the post and I’ve acknowledged service. But I’m unsure of what to do next. Please help if possible. I’m terrible at this sort of thing.


[attachment deleted by admin]