Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: Ruudy on September 06, 2025, 03:39:55 pm

Title: Re: DCB Legal on behalf of Euro Carparks - claim form received- defence needs submitting over stayed parking at crow orc
Post by: b789 on December 16, 2025, 12:41:27 pm
You don’t say that. This nothing to do with the judicial process. The mediator is a poorly trained gofer with zero legal training.

This what you should be using;

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: DCB Legal on behalf of Euro Carparks - claim form received- defence needs submitting over stayed parking at crow orc
Post by: Ruudy on December 16, 2025, 09:40:14 am
I have my mediation booked for today, this is in essence what i'm going to say, i'll post an update when completed.


"I deny the claim, I have no liability to the claimant and owe no debt.
There are no details in the particulars of claim to enable me to plead properly let alone know what I’m pleading against.
They have not provided a copy of the contract that I’ve allegedly breached.
In short they do not have a case and as such I’ve requested that the case struck off. So my offer to the claimant is £0 and for them to discontinue proceedings"
Title: Re: DCB Legal on behalf of Euro Carparks - claim form received- defence needs submitting over stayed parking at crow orc
Post by: Ruudy on October 20, 2025, 08:26:34 pm
Ah yes thank you
Title: Re: DCB Legal on behalf of Euro Carparks - claim form received- defence needs submitting over stayed parking at crow orc
Post by: jfollows on October 20, 2025, 03:59:45 pm
Thank you, I'm just filling in the directions questionaire and wonderedshould i fill in details for mediation or leave blank?
Read Section A.
Mediation is mandatory.
Title: Re: DCB Legal on behalf of Euro Carparks - claim form received- defence needs submitting over stayed parking at crow orc
Post by: Ruudy on October 20, 2025, 03:51:59 pm
Thank you, I'm just filling in the directions questionaire and wonderedshould i fill in details for mediation or leave blank?
Title: Re: DCB Legal on behalf of Euro Carparks - claim form received- defence needs submitting over stayed parking at crow orc
Post by: b789 on October 15, 2025, 08:50:53 pm
You already filed a defence! You can check your MCOL history for when they send you your copy of the N180 DQ. You can get a start on that by following 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: DCB Legal on behalf of Euro Carparks - claim form received- defence needs submitting over stayed parking at crow orc
Post by: Ruudy on October 15, 2025, 08:40:40 pm
Hi,

I've received this reply by email from DCB Legal

"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."

They have attached a directions questionnaire, do i just wait for the courts to instruct me to do the same and then fill in a defence?
Title: Re: DCB Legal on behalf of Euro Carparks - claim form received- defence needs submitting over stayed parking at crow orc
Post by: Ruudy on September 07, 2025, 10:10:07 pm
Thats great thank you for your help, I did send an acknowledgment of service so i'll submit this defence tomorrow.
Title: Re: DCB Legal on behalf of Euro Carparks - claim form received- defence needs submitting over stayed parking at crow orc
Post by: b789 on September 07, 2025, 04:03:36 am
Unless you submitted an Acknowledgement of Service (AoS) by 4pm on Tuesday 26th August, you do not have until 4pm on Monday 8th September to submit your defence.

Did you submit an AoS? If you did submit an AoS, then you have until 4pm on Monday 8th September to submit your defence. Follow this advice:

MCOL CPR16.4 only defence

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 adequately 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 16.7.3(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, particularly where the Particulars of Claim failed to specify the contractual terms relied upon or explain the alleged breach with sufficient clarity.

5. In comparable cases involving modest sums, judges have found that requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, strike-out was deemed appropriate. 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 due to the Claimant’s failure to adequately comply with CPR 16.4, 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 adequately 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 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 CPR PD 7C.5.2(2), but chose not to do so.

AND upon the claim being for a very modest sum such that the court considers it disproportionate and not in accordance with the overriding objective to allot to this case any further share of the court's resources by ordering further particulars of claim and a further defence, each followed by further referrals to the judge for 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 5 days after service of this order, failing which no such application may be made.
Title: DCB Legal on behalf of Euro Carparks - claim form received- defence needs submitting over stayed parking at crow orchard
Post by: Ruudy on September 06, 2025, 03:39:55 pm
Hi,

I need to submit a defence by midnight tomorrow, i realise i've left it really late but these kind of things give me really bad anxiety and i can't help but avoid dealing with them until the last moment.

I received a pcn ast year for overstaying the time allowed at MFG Crow Orchard, which i have discovered is a service station and shop off the M6.

I ignored the first few letters as i didn't recognise the location and assumed it to be a scam. However i am now aware that the driver did visit the premises.

The driver was feeling unwell and pulled into the petrol station, inadvertently through the exit, and turned immediately left into the parking area, as the driver pulled in there was a luton van infront of the shop delivering goods. The car park was full of panel vans and the driver backed into a space between two of these vans. The driver stayed in the car until their migraine had subsided and then left the car park, unaware that there were any parking restrictions in place.

I have been past the location and can see that where they parked they would not have seen any signage, I'll upload the letters i have, in the hopes someone can help me to file my defence.

Many Thanks

Link to images (https://imgur.com/a/sOGMqjK)
https://imgur.com/a/sOGMqjK (https://imgur.com/a/sOGMqjK)