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Live cases legal advice => Private parking tickets => Topic started by: Steelman on January 10, 2025, 01:16:39 pm


Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: Steelman on June 27, 2025, 11:45:13 am
On Thursday 26/06/25 I found tucked away in my Spam folder an email dated 23/06/25 from a DCB paralegal.

N279 Notice Of Discontinuance  ;D

No comment or any text just the PDF attached.

Nothing updated on MCOL site as yet.

Big thanks to @b789 for their assistance and expertise in getting this result.

Stick with the guys and their advice as even though it takes a while it comes good in the end.

Thanks again guys  :)

[attachment deleted by admin]
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: Steelman on June 09, 2025, 11:00:08 am
Yes. The St Helens hearing would be a telephone hearing if it were to go ahead. Check the allocation order you received. Does it mention anything about requiring to provide your contact phone number a couple of days before the hearing date?

Morning b789, bullet point 3 on Notice of Allocation states.

3.Both parties must supply to the Court by 4.00pm two working days before the hearingdate, by email/letter, the contact number upon which they can be contacted. The email advising the court of contact telephone numbers must state in the title the case number and the date of the hearing.

Thanks  :)
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: b789 on June 04, 2025, 02:32:15 pm
Yes. The St Helens hearing would be a telephone hearing if it were to go ahead. Check the allocation order you received. Does it mention anything about requiring to provide your contact phone number a couple of days before the hearing date?
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: Steelman on June 04, 2025, 12:39:39 pm
DCB Legal offering to settle for a reduced amount is the usual precursor to their discontinuing the claim. I would suggest you save your £15 and just let it run its course to the inevitable N259 NoD.

Thanks for advice b789, just so as I'm 100% clear

Just leave things as they are with the court at St Helens and hope that claimant backs down before hearing?

Thanks again  :)
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: b789 on June 03, 2025, 11:34:17 am
DCB Legal offering to settle for a reduced amount is the usual precursor to their discontinuing the claim. I would suggest you save your £15 and just let it run its course to the inevitable N259 NoD.
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: Steelman on June 03, 2025, 10:21:14 am
Update I called court yesterday 02/06/25 to ask why no response to my emails or my previous call, I didn't disclose I had received letter confirming hearing date & time in St Helens.

They also said that due to copying in multiple emails that some departments would think the others had dealt with it, and it may not have been actioned, but they still had a few more days within their timescale to respond to email?

They also basically stated judge had looked at case & decided St Helens was where it was being heard, though they did say to try and get an amendment via N244 but could not guarantee this would be successful etc.

This was the route I decided to go down over the weekend.

This morning 03/06/25 I received an email from DCB saying their client would settle for full and final settlement upon payment of £100

I have not acknowledged this or made any contact with them as per your previous advices etc.

So plan is to complete N244 and pay £15 and see how that goes, I will await your further advice if this is still relevant after reading the above.

Thanks again  :)
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: Steelman on May 31, 2025, 10:08:22 pm
Thanks for updated advice, will give it some thought over weekend on best option to proceed with.  :)
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: b789 on May 31, 2025, 05:17:17 pm
Apparently, many cases are being transferred to St Helens as telephone hearings. Not ideal, but they can do this as there is no need for the defendant to travel away from their place of work or residence.

However, as this is likely to be discontinued before the hearing fee is paid, you may just want to email the following to St Helens County Court at civil.sthelens.countycourt@justice.gov.uk and CC in yourself:

Quote
Hearing listed for: 20 August 2025 – Telephone Hearing at St Helens

Dear Sir,

I write to formally object to the Notice of Allocation to the Small Claims Track dated 29 May 2025, which lists a telephone hearing to be conducted by St Helens County Court.

On 28 April 2025, I contacted the Civil National Business Centre (CNBC) by telephone and email regarding this matter. A member of staff at the CNBC confirmed that the case should not have been allocated to St Helens, and advised that they would initiate action to transfer the case to my local hearing centre, as the file had not yet been transferred at that time.

Despite this, I have now received a hearing notice listing the matter at St Helens for a telephone hearing. This directly contradicts the earlier assurance and is procedurally unfair.

I respectfully request that this matter be urgently reviewed and that the hearing be:

• Transferred to my local County Court hearing centre; and
• Heard in person, in line with the request made in my Directions Questionnaire.

It would be wholly unjust to require me to submit an N244 application with a fee of £15, simply to correct what appears to be an administrative oversight after the CNBC had accepted that the listing was inappropriate.

Legal Grounds:

• Practice Direction 26, paragraph 3.1 confirms that small claims hearings should normally take place at the defendant’s local County Court hearing centre.
• I clearly indicated on the Directions Questionnaire that I requested a hearing in person. The phrase “in person” was clearly intended to mean physically attending a courtroom, as opposed to a remote hearing.

While I understand the court may argue that a telephone hearing is “in person” in the legal sense, I submit that it is not equivalent to a physical hearing. As a litigant-in-person, I am disadvantaged by:

• The lack of direct communication with the judge;
• Inability to follow or challenge evidence effectively without face-to-face interaction;
• Potential technical issues or lack of a suitable environment for attending a remote hearing.
• The hearing involves factual disputes and the evaluation of evidence, including possible witness statements and signage photos, which are more effectively considered in a physical courtroom setting.
• Under CPR 1.1, the court is required to deal with cases justly and at proportionate cost. Allowing a telephone hearing in these circumstances fails to uphold this obligation. It places me at a disadvantage and affords procedural convenience to the Claimant’s professional representative, likely a bulk issuer of claims.

I therefore ask that the listing be reviewed without requiring a formal application or fee, and that the hearing be re-listed as an in-person hearing at my local court.

Please confirm receipt of this email and advise what action will now be taken.

Yours faithfully,

[Your Full Name]

Otherwise, you can try and submit an N244 application form. Download the form here: N244 application form (https://assets.publishing.service.gov.uk/media/65eb1c6b5b652445f6f21b01/N244_0622_save.pdf)

It is not clear from the XE50 form whether the fee to amend an order is the £15 or the full £313. If you want to do it this way, I suggest you complete an N244 and pay the £15 to request that the hearing is rescheduled to your local county court and you include the following letter:

Quote
Re: Claim Number [INSERT CLAIM NUMBER]
Defendant: [Full Name]

Application to vary Notice of Allocation dated 29 May 2025

Dear Sir or Madam,

Please find enclosed an N244 application to vary the Notice of Allocation to the Small Claims Track, issued on 29 May 2025, which lists a telephone hearing at St Helens County Court on 20 August 2025.

I enclose the £15 court fee for an application to vary an order, submitted under fee code FEE0458 as per the May 2025 EX50 schedule.

Basis of Application:

I respectfully request that the court vary the order so that the hearing:

• takes place in person (face-to-face); and
• is transferred to the Defendant’s local hearing centre, in accordance with Practice Direction 26, paragraph 3.1.

I had already contacted the Civil National Business Centre (CNBC) on 28 April 2025, who acknowledged that the matter had been erroneously routed to St Helens and undertook to have the case listed locally, as the file had not yet transferred. Despite this, the Notice of Allocation issued on 29 May now lists a telephone hearing at St Helens and does not reflect the earlier correspondence.

On the use of fee code FEE0458 (£15):

This is a request to vary a court order, specifically the hearing format and location in the allocation notice. If the court considers this falls outside the scope of FEE0458 and requires a general application fee (£313) under code FEE0442, I respectfully request:

• that the court considers this matter under CPR 3.1(7) as a request to correct an administrative listing error; and/or
• that the court exercise discretion to deal with the matter without requiring the Defendant to pay a disproportionate application fee, particularly where the Defendant is a litigant-in-person and has made reasonable attempts to resolve the issue earlier.

Additional Grounds:

• I clearly requested an in-person hearing on the Directions Questionnaire.
• I am a litigant-in-person, whereas the Claimant is likely a represented bulk litigant.
• A remote hearing would impair my ability to participate fully and fairly, contrary to the Overriding Objective (CPR 1.1) and CPR 3.1A.
• This case involves factual disputes, and I believe that justice would be better served through a physical hearing at my local court.

Please confirm receipt of this request and advise whether the matter will now be relisted locally.

Yours faithfully,

[Your Name]

You can submit an N244 application by email to civil.sthelens.countycourt@justice.gov.uk with the subject of the email containing "URGENT" and the claim number.

This is what you need to fill in on the N244 if you go down this route:

Quote
Top section:

Name of court: St Helens County Court
Claim number: [Enter the claim number from your Notice of Allocation]
Claimant’s name: [As shown on the claim form]
Defendant’s name: [Your full name]
Date: [Today’s date]

1. Your name...
Enter your full name

2. Are you a...
Tick: Defendant

3. What order are you asking the court to make and why?

An order that the hearing listed for [insert hearing date] be varied so that:
(1) The hearing is listed as an in-person hearing rather than a telephone hearing; and
(2) The hearing is transferred from St Helens County Court to the Defendant’s local hearing centre at [insert name of local court], being the Defendant’s home court pursuant to PD26 paragraph 3.1.
This application is made pursuant to CPR 3.1(7), the Overriding Objective, and PD26 3.1. The defendant is a litigant-in-person and reasonably expected an in-person hearing at their local court. The original request was made clear in the Directions Questionnaire. The current listing does not reflect the agreement of the CNBC to transfer the file to the local court before allocation occurred.

4. Have you attached a draft of the order?
Tick: Yes (attach a typed one-page draft – I can provide this)

5. How do you want the application dealt with?
Tick: without a hearing
(unless you want a short telephone hearing to explain – optional)

6. How long will the hearing take?
If you ticked “at a hearing,” write:
0 hours, 15 minutes
Is this agreed by all parties? Tick No

7. Any fixed trial date?
Write: None

8. What level of judge?
Write: District Judge

9. Who should be served?
Write: The Claimant

9a. Service address (if known):
Enter the address for service from the claim form (DCB Legal's company address)

10. What information are you relying on?
Tick: The attached witness statement
If you prefer, tick "evidence set out in the box below" and copy the summary from section 3 (I can supply a full text)

11. Vulnerable?
Tick No unless applicable

Statement of Truth:
Tick: Applicant

Sign and date
Print your full name

Page 5 (your address):
Fill in your postal address, phone, and email

Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: jfollows on May 31, 2025, 04:10:38 pm
Why telephone?
Did your N180 DQ specify in-person and why?
And still Saint Helens.

It still looks like a complete ****-up by the courts.

And still St Helens even though local court to myself was requested, looks like they haven't done anything in response to my email or telephone call!
I agree, they appear to have ignored not only your DQ but also your follow-up letters trying to correct things.
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: Steelman on May 31, 2025, 03:52:01 pm
Why telephone?
Did your N180 DQ specify in-person and why?
And still Saint Helens.

It still looks like a complete ****-up by the courts.

Emailed & Telephoned as advised.

N180 DQ specified in person and reason as below

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.

And still St Helens even though local court to myself was requested, looks like they haven't done anything in response to my email or telephone call!
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: jfollows on May 31, 2025, 03:36:46 pm
Why telephone?
Did your N180 DQ specify in-person and why?
And still Saint Helens.

It still looks like a complete ****-up by the courts.
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: Steelman on May 31, 2025, 03:25:24 pm
So no replies to emails as of today 31/05/25

Letter received today as attached.

[attachment deleted by admin]
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: Steelman on April 28, 2025, 04:23:55 pm
That's positive. Did you also get a promise that they'll confirm in writing?
No promises but hopefully, they will when they respond to email once read etc
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: b789 on April 28, 2025, 04:12:17 pm
That's positive. Did you also get a promise that they'll confirm in writing?
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: Steelman on April 28, 2025, 03:41:57 pm
Just finished call to CNBC after 40 minute wait, they agreed it should not have been allocated to St Helens and they will start the procedure to get case transferred to my local court, case file had not been sent to St Helens yet they said.

email will be dealt with when they get to it etc

Thanks again

Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: b789 on April 28, 2025, 02:40:23 pm
You can call or use the chat facility. Neither is quick and I had to wait about 20 minutes just to get someone to answer the chat. However, use all resources open to you.
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: Steelman on April 28, 2025, 02:30:12 pm
Hi b789,

Email has now been sent to all addresses as per your advice, generic Automated responses received.

Your message wasn't delivered to customerservicesnorth@justice.gov.uk because the address couldn't be found or is unable to receive email.

Happy to call CNBC up also, if you think it's advisable etc?


Thanks again  8)
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: b789 on April 28, 2025, 01:58:17 pm
I have just 'chatted" with CNBC and they suggest that the complaint be sent to applications.cnbc@justice.gov.uk and make sure that the claim number is included in the subject of the email.

You may as well CC in all the other email addresses I provided.
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: b789 on April 28, 2025, 01:36:01 pm
You must contact the CNBC and tell them that they have a muppet in their admin who is constantly sending claims to St Helens instead of the defendants local county court as required under CPR 26.2A(2) and Practice Direction 26 (PD26).

CPR 26.2A(2) provides that, where the claim is a small claim (i.e., allocated to the small claims track) and the defendant is an individual (as opposed to a business or company), the hearing should be transferred to the defendant’s home court once allocation is decided.

Practice Direction 26, paragraph 7.1 elaborates on this, stating:

"Where a claim is being defended and the defendant is an individual, the claim should be transferred to the defendant’s local County Court hearing centre."

Thus, for defended small claims involving an individual defendant, the default position is that the hearing should take place at their local court, unless there are exceptional reasons to do otherwise.

You now need to send the following email, marked "!!! URGENT !!!" to dq.cnbc@justice.gov.uk and CC CaseProgression.CNBC@justice.gov.uk, customerservicesnorth@justice.gov.uk and yourself:

Quote
The Court Manager
County Court Business Centre (CNBC)
Email: ccbc@justice.gov.uk

Dear Sir or Madam,

I write as the Defendant in Claim Number [insert claim number].

I completed my N180 Directions Questionnaire, clearly stating that my preferred local hearing centre is Kingston-upon-Thames County Court. Despite this, the case has incorrectly been referred to St Helens County Court.

Under CPR 26.2A(2) and Practice Direction 26, paragraph 7.1, a defended claim against an individual must be transferred to the defendant’s local hearing centre. This misallocation represents a breach of the Civil Procedure Rules and should never have occurred, particularly when the correct hearing centre was explicitly stated on the Directions Questionnaire.

This is not an isolated incident. It is part of an emerging pattern where defended claims involving DCB Legal Ltd are improperly allocated to St Helens County Court — a court local to DCB Legal — rather than the defendant’s local hearing centre.

There are only two possible explanations for this serious failure:

• Either CNBC administrative staff are unaware of the basic requirements of CPR 26.2A(2); or
• There is improper bias, favouritism, or even undue influence being exercised by or on behalf of DCB Legal Ltd to achieve allocations favourable to them.

Either scenario is wholly unacceptable and risks undermining public confidence in the fairness and integrity of the court system.

I therefore request the following:

• Immediate correction of this error under CPR 3.3(4) without the need for a formal application or payment of a fee, transferring the case to Kingston-upon-Thames County Court; and
• Written confirmation that this has been done; and
• Confirmation of what steps CNBC is taking to ensure that this systemic failure is identified, investigated, and stopped.

If this matter is not promptly corrected, I reserve the right to escalate this to HMCTS Regional Management, the Civil Justice Council, and my Member of Parliament, including providing details of the pattern of misallocations benefiting a particular bulk litigator.

Yours faithfully,

[Defendant’s Full Name]
[Defendant’s Postal Address]
[Defendant’s Email Address (optional)]

You should also try calling the CNBC and telling them to fix this problem they have created.
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: Steelman on April 28, 2025, 12:39:18 pm
Nothing received as yet since mediation call on 14 April, checked my MCOL and seen this - your claim was transferred to ST. HELENS on 22/04/2025

Anything to be concerned about as I had requested local county Court which was Kingston On Thames?
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: Steelman on April 15, 2025, 09:54:48 am
next will be allocation to your local court and further orders.

Ok thanks for reply  :)
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: b789 on April 15, 2025, 09:49:55 am
next will be allocation to your local court and further orders.
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: Steelman on April 14, 2025, 06:52:38 pm
Update as follows,

Call received from mediation service today, UK Parking Control offered to reduce claim by £50, I rejected offer and offered £0 zero as per advice above.

They have rejected that and it's now being passed back to court unless they or myself back down etc.

Email received about 3 hours later from HM & CTS

Thank you for using the Small Claims Mediation Service today.

Although a settlement could not be reached on this occasion the parties are reminded that Court is considered a last resort and in which case both parties are encouraged to continue to communicate where possible in an attempt to resolve the claim, you may find that today's mediation gives you both a base upon which to build on.

If the parties can satisfactorily resolve the matter without the need of the Court, the Claimant should complete a notice of discontinuance using the appropriate form in the link and file it with the appropriate Court; N279 - w3 Notice of discontinuance (6.99) (publishing.service.gov.uk) or update Online Civil Money Claims through your account.

If not already done so. the claim will now be transferred out of our business centre to a court where standard directions will be given and you will be notified in writing of the next stages to follow. It is important that both parties follow these instructions and adhere to the timetable set down by the Court which will include a further court fee and a final hearing for determination of the matter.



Thanks again.


Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: b789 on March 27, 2025, 09:49:16 am
The mediation is not part of the judicial process. No judge or solicitors involved. Your only obligation is to "attend" the call. You offer £0 and it is over in minutes. It has no bearing on anything going forwards.
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: jfollows on March 27, 2025, 09:44:44 am
Is there a question with that post or is it just an update?
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: Steelman on March 27, 2025, 09:01:04 am
Update

Received email this morning from SCMS as below.

Your confidential telephone mediation appointment has been booked for the above date and time slot. This means that the mediator will call you between the times shown. Your appointment will last for around one hour from the point at which the mediator calls.

The mediator will call both parties separately – you will not talk directly to the other side. They will try to help you both come to an agreement before the case goes to court.

Where your mediation appointment is mandatory, If you do not attend the appointment, the judge will take this into consideration at any court hearing and may issue a penalty. This could include the judge automatically ruling in the other party’s favour or ordering you to pay for some or all the other party’s costs.



Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: Steelman on March 19, 2025, 01:28:43 pm
Update N180 received today from CNBC, also letter from DCB Legal confirming intention to proceed with claim.

Have emailed completed N180 as per your link above and cc'd all parties as advised.
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: b789 on February 18, 2025, 12:56:51 pm
All normal. Wait for your N180 Directions Questionnaire. Check your MCOL history and when it says yours has been sent, just follow these instructions and download your own now:

Quote
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: DCB Legal - UKPC - N1SDT now arrived
Post by: Steelman on February 18, 2025, 10:25:13 am
Update,

Letter received today from HM Courts & Tribunal Service.

"I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor).
The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay."


Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: DWMB2 on February 14, 2025, 01:11:20 pm
Go buy a lottery ticket.
And let me & b789 know what numbers you pick.
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: b789 on February 14, 2025, 01:08:51 pm
Go buy a lottery ticket. You are lucky.
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: Steelman on February 14, 2025, 11:34:28 am
No sign of any CCJ judgement against yet.

Your acknowledgment of service was submitted on 10/01/2025 at 13:50:55

Your acknowledgment of service was received on 10/01/2025 at 16:05:09

Your defence was received on 13/02/2025



Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: b789 on February 12, 2025, 01:06:49 pm
You can only hope that they haven't pushed the default CCJ button.

Are you trying to access the MCOL through your government gateway? If so, don't try and enter a new claim. Just select the existing claim number that you should see and then that will take you to the log in.

If you can access your MCOL history, you will be able to see if your defence has been accepted or whether the CCJ has been issued.
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: Steelman on February 12, 2025, 11:45:37 am
Have I messed up by missing the date to lodge defence, which was Monday 10th Feb?
Also Claim number and password now being rejected by MCOL site.

Since posting this have emailed defence and draft order, spoke with court who advised they will still accept up until a judgement is made, so hopefully might still be ok.
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: b789 on January 10, 2025, 03:39:41 pm
Here is the defence. You only need to edit your name and the claim number. You sign it by typing your full name for the signature and date it. When completed, save all the documents (defence and the Draft Order) as PDF files and you attach them to an email which you send to claimresponses.cnbc@justice.gov.uk and CC in yourself.

Quote
IN THE COUNTY COURT
Claim No: [Claim Number]

BETWEEN:

UK Parking Control Ltd

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 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;

(d) The PoC do not state exactly how the claim for statutory interest is calculated;

(e) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;

(f) 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:

You will need to also attach the linked Draft Order:

Draft Order for the defence (https://www.dropbox.com/scl/fi/z8zcqfdncdoajgj4ag6a4/short-defence-order.pdf?rlkey=at98xmfwj0ehi3w9d0ia15ogp&st=03oe1jqs&dl=0)

When you've edited the defence with your full name, claim number you can sign it by simply typing your full name for the signature and also date it. There is nothing to edit in the draft order.

Attach both documents as PDF files to an email addressed to claimresponses.cnbc@justice.gov.uk and CC in yourself. Make sure that the claim number is included in the email subject field. In the body of the email put: "Pease find enclosed the Defence and Draft Order in the matter of UK Parking Control Ltd. v [your full name] Claim No.: [claim number]".

That's it for now.
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: Steelman on January 10, 2025, 01:55:11 pm
AOS now submitted thanks again.  ;)
Title: Re: DCB Legal - UKPC - N1SDT now arrived
Post by: b789 on January 10, 2025, 01:31:20 pm
Welcome. With an issue date of 7th January 2025, you have until 26th January to submit an Acknowledgement of Service (AoS). There is no advantage to delaying this but it will then give you until 4pm on Monday 10th February to submit your defence.

Follow the advice in this PDF on how to submit your AoS and then let us know hen you have done so and we will advise on what to do about your defence.

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

One thing I can tell you is that if you follow our advice, this will eventually be discontinued. You won't be paying a penny to UKPC.
Title: DCB Legal - UKPC - N1SDT now arrived
Post by: Steelman on January 10, 2025, 01:16:39 pm
Hi all,

Today have now received a N1SDT Claim form issue date 07/01/25

No correspondence has been entered into with anyone so far.

Claim has arisen from viewing a property on 26/07/24 with the Landlords Letting agent, parked on estate to view property I assume vehicle registration was not logged by agent to prevent getting a PCN.

In between the viewing 26 July and moving to a different property on 16 Aug, claim letters must have been sent to my old address, and nothing received at new address until 21 November 2024 when letter from dcb legal was received.

Particulars of Claim

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charges) issued to vehicle XXXXXXX at Sandown Lodge, Sandown Lodge, Avenue Road, Epsom, KT18 7QU.
2. The PCN(s) were issued on 26/07/2024
3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason:Registered Users Only
4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.
AND THE CLAIMANT CLAIMS
1. £170 being the total of the PCN(s) and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.02 until judgment or sooner payment.
3. Costs and court fees

Many thanks for your help

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