Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: TW-27 on September 01, 2025, 12:17:18 pm

Title: Re: Response to letter of claim email (claim 2)
Post by: b789 on December 30, 2025, 07:16:56 pm
If they have your phone number (from the N180 DQ), then there is no need to respond to that letter. Just be available to attend the call on the day.
Title: Re: Response to letter of claim email (claim 2)
Post by: TW-27 on December 30, 2025, 05:08:34 pm
Hi,

I've received the linked email regarding the mediation call:

https://drive.google.com/file/d/1PY0lgR6QinOcydVeUanW357_MVZBiNnm/view?usp=drivesdk

I'll reply to advise I'll take the call myself and follow the advice already given in this thread.

Is there anything else I need to factor in?

Thanks in advance,

TW
Title: Re: Response to letter of claim email (claim 2)
Post by: TW-27 on December 09, 2025, 02:49:15 pm
Thanks for the extra info - much appreciated!

Let's see how the call goes.
Title: Re: Response to letter of claim email (claim 2)
Post by: b789 on December 04, 2025, 12:31:25 pm
Next will be the mediation call. For the mediation call, the only requirement is for you "attend" the call. It is not part of the judicial process and no judge is involved.

This is what I advise you to say when you receive the call from the mediator:

Before I set out my position, please confirm from the claimant’s side:

• the full name of the person attending for them;
• their role/position at their legal representative’s firm; and
• whether they hold written authority to negotiate and settle today.

Please relay that back to me before we continue.

After the mediator calls back...

If identified and authority confirmed:

Thank you. I’m content to proceed on that basis. My settlement offer is £0, or I invite the claimant to discontinue with no order as to costs.

If no/unclear authority:

Please record that the claimant’s attendee has not confirmed settlement authority. My position remains that liability is denied and my offer is £0, subject to prompt approval by an authorised solicitor if they choose to discontinue.

If the mediator probes your defence:

In what capacity are you asking that question? Are you legally trained?  If not, please refrain from offering opinions. I will be reporting any attempt to do so as inappropriate.”

All you need to know is the name and the position of the person acting for the claimant and report that back to us. It will be over within minutes. Complete waste of time otherwise.
Title: Re: Response to letter of claim email (claim 2)
Post by: TW-27 on December 04, 2025, 10:53:51 am
Hi,

A Notice of Proposed Allocation to the Small Claim Track had arrived in the post and I've filled out the PDF version of the N180 form using the guide you provided above.

All seems pretty straight forward.

What should I expect next?

Many thanks,

TW
Title: Re: Response to letter of claim email (claim 2)
Post by: TW-27 on November 23, 2025, 08:49:53 am
Thanks for your most recent reply. I'll keep an eye on it.
Title: Re: Response to letter of claim email (claim 2)
Post by: b789 on November 18, 2025, 12:15:21 pm
Your MCOL history will update once they have sent your DQ, However it takes time for it to arrive so as long as it says it has been sent, just submit your own. No need to wait for the physical letter to arrive with the paper form.
Title: Re: Response to letter of claim email (claim 2)
Post by: TW-27 on November 18, 2025, 11:57:01 am
Thank you for your last message.

All this seems clear:

- The email and THEIR N180 DQ is for my records only
- I respond using the completed downloaded version of MY N180 DQ when requested

The only thing I'm unclear about is "Just keep checking your MCOL history and when it show that your N180 Directions Questionnaire has been sent."

Will a new item show up in 'Claim History' when logging into MCOL showing that MY N180 NQ has been issued and therefore I should expect it? I just want to check if there's something I need to proactively look out for so I don't miss it.

Thanks again!

TW
Title: Re: Response to letter of claim email (claim 2)
Post by: b789 on November 17, 2025, 02:47:32 pm
All standard stuff. Just keep checking your MCOL history and when it show that your N180 Directions Questionnaire has been sent, you can follow this advice:

Having received your own N180 (make sure it is not simply a copy of the claimants N180) or been notified on MCOL that yours has been sent, do not use the paper form. Ignore all the other forms that came with it. you can discard those. Download your own N180 DQ 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 [claimant to their legal representative]and CC in yourself. Make sure that the claim number is in the subject field of the email.
Title: Re: Response to letter of claim email (claim 2)
Post by: TW-27 on November 17, 2025, 11:19:14 am
Hi,

Please advise on the best course of action, having received the email below from DCB Legal today, along with the linked form.

https://drive.google.com/file/d/1rE_hvMTplRomICURa-GcCqHXKNwUU2to/view?usp=drivesdk

Many thanks in advance,

TW

---------------

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.

 
Title: Re: Response to letter of claim email (claim 2)
Post by: TW-27 on October 20, 2025, 01:40:09 pm
I thought I replied to your last message earlier so apologies if it doubles up at some point.

Thanks for your advice and overview of timescales. I'll follow up again in due course.
Title: Re: Response to letter of claim email (claim 2)
Post by: TW-27 on October 20, 2025, 09:07:03 am
Thank you for the information and expected timescales. I'll await the letter.
Title: Re: Response to letter of claim email (claim 2)
Post by: b789 on October 19, 2025, 07:55:25 pm
The claim will be discontinued, but much further down the line. In the meantime, you will receive a letter from HMCTS telling you that your defence has been sent to the claimant. You will then receive a response from DCB Legal that says they have reviewed your defence and their client intends to proceed. They will also include a copy of their own N180 Directions Questionnaire (DQ), which is only for your records.

Eventually you will receive your won N180 DQ which you will complete according to the advice given below. After that will come a mediation call which is not part of the judicial process. When you receive the letter for that, let us know and we will give you further advice on how to deal with that waste of everyone's time.

In due course, the claim will be transferred to your local county court where a procedural judge will give directions and deadlines. If the claim is not struck out at this stage, it will be discontinued around a month before the hearing date, just before they are required to pay the £27 trial fee.
Title: Re: Response to letter of claim email (claim 2)
Post by: TW-27 on October 19, 2025, 12:46:23 pm
Thank you for your most recent response.

I’ve set aside time this morning to go through everything. By referring to ‘you’ or 'your' I just mean whoever messaged me at the time.

In a previous post you advised about correspondence from DCB Legal: “Yes, I suggest you ignore. Even if the next step is a court claim - please post if it is - it won’t come to anything if you stay the course.”

I was then advised “No response needed. Just wait for the N1SDT Claim Form pack to arrive in the post.”

This is the stage I’m now at with the claim form from HM Courts & Tribunals Service.

For “the signature of whoever signed it” that I missed last time, I’ve checked again and can see David John Croot has signed the claim form. Underneath it states: Claimants Legal Representative as defined by CPR 2.3(1).

In your last response it advised me to submit an AoS if I need extra time to prepare my defence, then goes on to offer the 122-line wording for the defence. Given the deference wording is offered I’m unsure of the benefit of the AoS, unless there are more steps to the defence process than I’m aware of.

As stated, I can prove I was in the tile shop that day with a time stamped photo taken inside the store and I left a Google review for them around this time showing I was a shopper. I’m unsure if this is relevant or would be needed as a specific part of a defence for my case should their claim be pursued further.

I also noticed that the MCOL guide linked in the thread was geared towards submitting an AoS rather than a defence but I found the process of doing this reasonably self explanatory. This is now submitted using the 122-line wording you provided, with a copy of the evidence form here:

https://drive.google.com/drive/folders/1QQ5n11z9mKR7KMtcUFhp6oZkMBu1bhG7?usp=drive_link

For the next steps it seems I need to await a response, then either:

- The case will be dropped

- The case will be progress and I’ll need to provide a witness statement

Please let me know if the above is correct and if I’ve missed anything.

Thanks again!

TW



Title: Re: Response to letter of claim email (claim 2)
Post by: b789 on October 17, 2025, 04:45:43 pm
The back of the claim form is signed by someone for DCB Legal. Who and in what capacity?

With an issue date of 15th October you have until 4pm on Monday 3rd November to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Monday 17th November to submit your defence.

You only need to submit an AoS if you need extra time to prepare 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

Until very recently, we never advised using the MCOL to submit a defence. However, due to recent systemic failures within the CNBC, we feel that it is safer to now submit a short defence using MCOL as it is instantly submitted and entered into the "system". Whilst it will deny the use of some formatting or inclusion of transcripts etc. these can always be included with the Witness Statement (WS) later, if it ever progresses that far.

You will need to copy and paste it into the defence text box on MCOL. It has been checked to make sure that it will fit into the 122 lines limit.

Quote
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(1)(a).

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 PD 16, para 7.3(1);

(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 submits that courts have previously struck out similar claims of their own initiative for failure to adequately comply with CPR 16.4(1)(a), particularly where the Particulars of Claim failed to specify the contractual terms relied upon or explain the alleged breach with sufficient clarity. The Defendant refers specifically to the persuasive appellate cases:

- Civil Enforcement Ltd v Chan (2023), Luton County Court, HHJ Murch, ref: E7GM9W44

- CPMS Ltd v Akande (2024), Manchester County Court, HHJ Evans, ref: K0DP5J30

In both cases, the claim was struck out due to materially similar failures to comply with CPR 16.4(1)(a).

5. The Defendant invites the Court to strike out this claim of its own initiative. The Defendant relies on the judicial reasoning set out in Chan and Akande, as well as other County Court cases involving identical failures to adequately comply with CPR 16.4. In those cases, 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. The Defendant proposes that the following Order be made:

Draft Order:

Of the Court's own initiative and upon reading the particulars of claim and the defence.

AND the court being of the view that the particulars of claim do not comply with CPR 16.4(1)(a) because: (a) they do not set out the exact wording of the clause (or clauses) of the terms and conditions of the contract (or contracts) which is (or are) relied on; and (b) they do not adequately set out the reason (or reasons) why the claimant asserts that the defendant was in breach of contract.

AND the claimant could have complied with CPR 16.4(1)(a) had it served separate detailed particulars of claim, as it could have done pursuant to PD 7C, para 5.2, but chose not to do so.

AND upon the Court determining, having regard to the overriding objective (CPR 1.1), that it would be disproportionate to direct further pleadings or to allot any further share of the Court’s resources to this claim (for example by ordering further particulars of claim and a further defence, with consequent case management).

ORDER:

1. The claim is struck out.
2. Permission to either party to apply to set aside, vary or stay this order by application on notice, which must be filed at this Court not more than 7 days after service of this order, failing which no such application may be made.
Title: Re: Response to letter of claim email (claim 2)
Post by: TW-27 on October 17, 2025, 02:38:30 pm
Hi,

I've now received the attached letter and claim form. I couldn't see a page with a signature.

https://drive.google.com/drive/folders/1uGp88W-Qcal42OVBlq2QoNqZmRrnaW8t

I don't know if it helps but I can prove I was in the tile shop that day with a time stamped photo taken inside.

Seems more serious now, so thanks in advance for your help in hopefully putting this to bed.

Thanks,

TW
Title: Re: Response to letter of claim email (claim 2)
Post by: TW-27 on October 07, 2025, 12:26:18 am
Good stuff, thanks!

I'll sit tight and see what happens next.
Title: Re: Response to letter of claim email (claim 2)
Post by: b789 on October 05, 2025, 11:38:29 am
No response needed. Just wait for the N1SDT Claim Form pack to arrive in the post. When it does, just show us the main page with the Particulars of Claim (PoC) and the back of it with the signature of whoever signed it. Only redact your personal info, the claim number and the MCOL password. You must leave all dates visible.

If you follow the advice, you will not be paying penny.
Title: Re: Response to letter of claim email (claim 2)
Post by: TW-27 on October 04, 2025, 04:59:48 pm
Thanks for the info here.

Can a suitable reply be recommended under the circumstances?

Thanks in advance!
Title: Re: Response to letter of claim email (claim 2)
Post by: b789 on October 04, 2025, 02:27:07 pm
If anyone wants to read the definitive reason why they can't infer that the Keeper was the driver, even on the balance of probability, then have a read of the relevant persuasive appellate case of VCS v Edward (2023) [H0KF6C9C] (https://www.dropbox.com/scl/fi/zra61px7l3if53o3bp9c4/VCS-v-EDWARD-Transcript.pdf?rlkey=bv4bba389nau5qpfglqkpjq5l&st=j76qly87&dl=0)
Title: Re: Response to letter of claim email (claim 2)
Post by: Dave65 on October 04, 2025, 10:16:38 am
They never surprise us and keep trying this one. The driver cannot be chased "On the balance of probabilities"

"The notices issued by our Client asked you to either make payment or, if you were not driving,
nominate a driver by providing their name and full address. You did neither and as such you are now
pursued on the basis that you were driving as well as being the Registered Keeper of the vehicle. On
the balance of probabilities, if you were not the driver, you would have nominated."

An extract from one of b789 post.

"In law, there can be no "assumption" or inference that the Keeper was the driver. The burden of proof is on the claimant to prove that the Keeper was the driver and the only way they would know that, is if the Keeper blabs it to them, inadvertently or otherwise. The persuasive appellate case of VCS v Edward (2023) put that one to bed.
Title: Re: Response to letter of claim email (claim 2)
Post by: TW-27 on October 03, 2025, 08:30:05 pm
Hi,

I've received this email in relation to this claim:

https://drive.google.com/file/d/1KuIj6fbAMPwcA9GpF-lU-BIE4_dRAp5W/view?usp=drivesdk

Please advise on the best response or course of action.

Many thanks,

TW
Title: Re: Response to letter of claim email (claim 2)
Post by: TW-27 on September 01, 2025, 01:25:57 pm
Okay, thanks!

Do you know if these threads stay active indefinitely?

I had my original thread a posted there a few days ago but didn't get a response.

Just checking in case any follow ups are need.
Title: Re: Response to letter of claim email (claim 2)
Post by: jfollows on September 01, 2025, 01:14:41 pm
The link works, thank you.
Yes, I suggest you ignore. Even if the next step is a court claim - please post if it is - it won’t come to anything if you stay the course.
DCB Legal has two tactics only :
In general, anyone who actually defends a case finds that DCB Legal discontinues before having to pay the court fee.

In this case it’s pretty certain they’ll give up and discontinue in due course.
Title: Re: Response to letter of claim email (claim 2)
Post by: TW-27 on September 01, 2025, 12:31:16 pm
Thanks. I've read the guide and struggling to embed an image.

See if this link works:

https://drive.google.com/file/d/1HbqC5nUo4Q5HvlsfplrRoKSY8BwI_Fh4/view?usp=drivesdk

Are you suggesting I just ignore the emails now?

Thanks again!
Title: Re: Response to letter of claim email (claim 2)
Post by: jfollows on September 01, 2025, 12:23:15 pm
https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ tells you how to paste links to documents.

DCB Legal offering you to “only” pay £60 instead of £170 is only going in one direction, just sit tight and you will end up paying £0.

The “Court process as normal” means initiating court proceedings but discontinuing before the fee has to be paid. Business as usual and if you search the forum you will find lots of similar cases.
Title: Response to letter of claim email (claim 2)
Post by: TW-27 on September 01, 2025, 12:17:18 pm
Hi,


Please note, this is a different case to another I've just posted about.

I challenged a letter of claim using a template provided on this site and the attached email is the response I've had from DCB Legal.

They sent photos of my car and printouts of the signage and a map of the site.

I can prove I was in the tile shop the day of the alleged offence with a date stamped photo inside the store.

Any further advice would he appreciated.

As I can't see the option to attach a PDF of the email, I've copied it below:

Dear XXXXX,

WITHOUT PREJUDICE

 

We write to you in relation to the above matter.

 

To assist, 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 £170.00.

 

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

 

When making payment please ensure you include the following reference number, 711200237001SMP, to enable us to allocate it to the correct case.

 

Upon receipt of the settlement sum of £60.00 we will update the Client that the matter has been settled. If you are not agreeable, we will continue to follow the Court process as normal and issue a Claim without further notice.

Kind Regards,