Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: Jon73 on April 12, 2025, 03:48:18 pm

Title: Re: Shell Garage overstay fine
Post by: b789 on June 19, 2025, 10:17:27 am
Should I wait now for their next requirement ?

Yes.
Title: Re: Shell Garage overstay fine
Post by: Jon73 on June 19, 2025, 07:29:41 am
I submitted my defence, on line,and not snail mail thanks to your advice.

Should I wait now for their next requirement ?

And thanks again for all that previous advice, I think I am following it , complex as it is !
Title: Re: Shell Garage overstay fine
Post by: b789 on June 18, 2025, 10:17:07 am
How did you submit your AoS? Did you use the paper form and snail mail?

On the N1SDT Claim Form there is an MCOL password that you could have used to log into MCOL and submit the AoS electronically. You can also submit the defence electronically but we strongly advise to never use MCOL for filing the defence as it has a very limited character count and loses all formatting.

This is the link we proved with advice on how to log into MCOL and should provide enough information for you to be able to log into it for your case. You will not use it for anything else from now on but it should have a "history" of what has already been submitted. Eventually, the case will be transferred to your local county court and MCOL will play no further part in the process.

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
Title: Re: Shell Garage overstay fine
Post by: Jon73 on June 18, 2025, 07:41:58 am
Many thanks again for that information.
 I shall hold back my N180 form until I hear but please can you let me know how to check my MCOL history ?

Your assistance is very much appreciated by this worried pensioner !
Title: Re: Shell Garage overstay fine
Post by: b789 on June 12, 2025, 05:52:56 pm
Well done on being proactive with this. You should not really send your N180 until you know that your paper copy has been posted and you can check that on your MCOL history. However, this is just administrative stuff and nothing will happen if you send it now. If they are not happy, they'll just tell you to send it later. It's no biggie.

While the court does not send a “reminder” in the casual sense, it typically issues a General Sanctions Order if a party fails to file the Directions Questionnaire (Form N180) by the stated deadline. This order is a formal court direction—not merely a courtesy reminder—and it usually:

• Warns that a party has failed to comply with a court deadline (i.e., not returning the N180),
• Sets a further short deadline (commonly 7 or 14 days) to comply, and
• Specifies the consequence of continued non-compliance—usually that the claim or defence will be struck out without further notice if the party still fails to act.

This order is considered sufficient notice to parties that their case is at risk.

Form N149A is the Notice of Proposed Allocation to the Small Claims Track. It is standard for any defended claim where the amount in dispute is £10,000 or less, including virtually all private parking claims. In practice, every single defended private parking claim (even where the amount creeps slightly above £10,000 due to added costs or spurious interest) is routinely allocated to the small claims track.

The option in Box C1 of Form N180 allows a party to request allocation to a different track (e.g., fast or multi-track), but for parking claims, this would be pointless unless the case is highly exceptional (e.g., involving serious allegations of fraud, harassment, or data misuse leading to counterclaims). Judges are under pressure to keep such claims in small claims for proportionality and court economy, and I’ve also yet to see a parking case allocated elsewhere, regardless of any legal or evidential complexity raised by a defendant.
Title: Re: Shell Garage overstay fine
Post by: Jon73 on June 12, 2025, 05:04:50 pm
Dear b789 Richard,  Thank you for your replies. I had received a letter from the Claimants solicitor telling me of their intention to proceed and they included a copy of their own N180 DQ. Rather than wait for them to send me a paper DQ , I have downloaded your link and completed my own N180 addressing it to dq.cnbc@justice.gov.uk and to info@dcblegal.co.uk  and CC myself with the Claim Number in the subject field, as you advise. Do I put anything in the rest of the email or do I leave the page blank with just the above attatchment and should I wait for my own paper N180 or just send this one ? Also , what is the relavence of an N149A that was mentioned ?  Thanking you again ,   Jon
Title: Re: Shell Garage overstay fine
Post by: b789 on June 08, 2025, 11:16:30 am
As your wife is the defendant, everything has to be in her name. Whilst you can do all the legwork, you cannot state you are doing this on her behalf.

If it were ever to actually reach a hearing in court (unlikely) your wife would have to attend but you could act as her lay representative.
Title: Re: Shell Garage overstay fine
Post by: Jon73 on June 07, 2025, 11:06:15 pm
Many thanks. I shall await my own DQ and will follow your advice.The defendant is stated as my wife who is the registered keeper , but it is only me who drives the car and will deal with this claim.Do I need to make this clear on the paperwork ?
Title: Re: Shell Garage overstay fine
Post by: b789 on June 07, 2025, 11:23:32 am
You wait for the letter from the claimants solicitor telling you that they intend to proceed. They will include a copy of their N180 DQ.

You are waiting for your own DQ. Follow this advice:

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: Shell Garage overstay fine
Post by: Jon73 on June 07, 2025, 01:34:35 am
Dear Richard,
Thank you for your recent advice regarding my overstay at a Shell garage some years ago. I followed your instructions and sent my defence as a PDF attached to an email. I have today heard back from DCB Ltd stating that "Our client intends to proceed with the claim.The court will direct both parties to file directions questionnaires in due course. Our Client may be prepared to settle this case. Please call this number within 7 days to discuss settlement" 
Please could you advise ?

Many thanks in anticipation

Jon
Title: Re: Shell Garage overstay fine
Post by: b789 on April 20, 2025, 06:30:00 am
You must send both of them as a single PDF document as an attachment to an email.

I cannot do everything for you. I have explained what you must do and how to do it. If you are unable, then Imstringly advise you to seek assistance from someone you know to assist you in preparing the defence and the draft order and saving it as a pdf file and then attaching that pdf file to an email and sending it before any deadline is reached.

Without knowing what type of computer/device you are using, what operating system, what software etc., it is beyond the realm of this forum. Perhaps there is someone you can ask locally that can assist you.
Title: Re: Shell Garage overstay fine
Post by: Jon73 on April 19, 2025, 08:33:04 pm
Please can you help again, I am confused ! Do I send the 2 documents or just the one [beginning In the County Court.....] ?  Also I cannot workout how to convert the completed form/email into a PDF , can't I just send it as an Email ? Please excuse my incompetence in this  !   Your help is really appreciated 
Title: Re: Shell Garage overstay fine
Post by: b789 on April 17, 2025, 07:12:57 pm
Follow the instructions and you send the defence as a PDF attached to an email.
Title: Re: Shell Garage overstay fine
Post by: Jon73 on April 17, 2025, 07:01:30 pm
Can I cut and paste and fill in my details and send as an Email ? Many thanks again 
Title: Re: Shell Garage overstay fine
Post by: Jon73 on April 17, 2025, 06:23:03 pm
Ah !  Please ignore previous post !!  Just found it.......the joys of getting old    :-\
Title: Re: Shell Garage overstay fine
Post by: Jon73 on April 17, 2025, 06:19:45 pm
Dear Richard,

Many thanks again for your reply, but before I could comply with the information you sent, it seems to have disappeared and I cannot find it again!
Please could you advise me what I have to do again or please could you tell me how to find your reply ? Sorry to be such a nuisance.
Many thanks in great anticipation

Jon
Title: Re: Shell Garage overstay fine
Post by: b789 on April 14, 2025, 09:53:35 am
With an issue date of 8th April, you have until 4pm on Monday 28th April to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Monday 12th May to submit your defence.

If you want to submit an AoS then follow the instructions in this linked PDF:

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

Otherwise, here is the defence and link to the draft order that goes with it. You only need to edit your name and the claim number. You sign the defence by typing your full name for the signature and date it. There is nothing to edit in the draft order.

When you're ready you combine both documents as a single PDF attachment and send as an attachment in an email to claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim number must be in the email subject field and in the body of the email just put: "Please find attached the defence and draft order in the matter of Euro Car Parks Ltd v [your full name] Claim no.: [claim number]."

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

BETWEEN:

Euro Car Parks Ltd

Claimant

- and -

[Defendant's Full Name]


Defendant



DEFENCE

1. The Defendant denies the claim in its entirety. The Defendant asserts that there is no liability to the Claimant and that no debt is owed. The claim is without merit and does not adequately disclose any comprehensible cause of action.

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 adequately 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 precisely how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;

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

(g) The PoC do not provide clarity on whether the Defendant is sued as the driver or the keeper of the vehicle, as the claimant cannot plead alternative causes of action without specificity.

4. The Defendant attaches to this defence a copy of a draft order approved by a district judge at another court. The court struck out the claim of its own initiative after determining that the Particulars of Claim failed to comply with CPR 16.4. The judge noted that the claimant had failed to:

(i) Set out the exact wording of the clause (or clauses) of the terms and conditions relied upon;

(ii) Adequately explain the reasons why the defendant was allegedly in breach of contract;

(iii) Provide separate, detailed Particulars of Claim as permitted under CPR PD 7C.5.2(2).

(iv) The court further observed that, given the modest sum claimed, requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, the judge struck out the claim outright rather than permitting an amendment.

5. The Defendant submits that the same reasoning applies in this case and invites the court to adopt a similar approach by striking out the claim for the Claimant’s failure to comply with CPR 16.4.

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:

Draft Order for the defence (https://www.dropbox.com/scl/fi/tcewefk7daozuje25chkl/Strikeout-order-v2.pdf?rlkey=wxnymo8mwcma2jj8xihjm7pdx&st=nbtf0cn6&dl=0)
Title: Re: Shell Garage overstay fine
Post by: Jon73 on April 12, 2025, 06:35:03 pm
Hi Richard and thank you for your help. [Hopefully] I have managed to  attach a picture of the Claim Form, which was sent 8/4/2025 and received 11/4/2025 .     Jon       https://share.icloud.com/photos/098hy5vOQv6JdFCGvB8a20tOg
Title: Re: Shell Garage overstay fine
Post by: RichardW on April 12, 2025, 05:05:51 pm
Please post up the form you have received - blank out your name, address, and MCOL password. There's a very good chance as long as you submit a defence (which will be given here) the matter will be discontinued. There is a limited time to reply to the claim form, what is its issue date?
Title: Shell Garage overstay fine
Post by: Jon73 on April 12, 2025, 03:48:18 pm
Hi, Please can you help. I received a letter last November 2024 from a company called DCBlegal informing me of an unpaid fine of £170 for staying too long at a garage in Kilburn over 2 years ago, 20th May 2022.There was no photographic proof nor times of this apparent contravention.
I foolishly or otherwise, ignored this assuming it to be one of the many fake letters that are around today and have now received a Claim Form from the Civil National Business Centre asking for £296.
I am a law abiding pensioner and am finding this all very confusing and quite frightening, please can you advise what I should do. Thanking you in great anticipation.

Jon73