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Messages - flux77

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1
Thanks. I've been invited to a mediation meeting now - details below - any advice on how to handle this?

"Your telephone mediation appointment
Appointment date: xxxxx

Appointment time slot: xxxxx

Your confidential telephone mediation appointment has been booked for the above date and time slot. The mediator may call at any point within your timeslot to start the appointment. Please be ready to accept a call at any point during your timeslot. Your appointment will last for around one hour from the point at which the mediator calls. The mediator will call from a withheld number. Make sure that withheld/private numbers are not blocked on your phone.

The mediator will call both parties separately – you will not talk directly to the other side. They will try to help you come to an agreement with the other party. If an agreement is reached at mediation the case will not need to progress 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.


What you need to do to prepare for your telephone appointment:

• ACTION:
The mediation service requires a contact number to conduct the appointment, please reply to xxxxxx@xxx.gov.uk.

PLEASE MAKE SURE TO PROVIDE YOUR CASE/CLAIM NUMBER IN THE RESPONSE TO THE EMAIL.

If YOU will be attending the mediation appointment YOURSELF, please provide us with your full name and the best telephone number so the mediator is able to call you.

If you would like SOMEONE ELSE (like a trusted friend, relative or a solicitor) to attend on your behalf please fill out the attached delegation of authority to mediate form. Your representative must know the facts of the case, understand how far you’re willing to compromise and have full authority to act on your behalf. You’re legally bound to any settlement agreements your representative makes on your behalf.
Failure to provide contact details will result in your mediation appointment not taking place and will result in a Judge issuing a penalty where the mediation was mandatory.

If the mediator cannot contact you within 10 minutes of the appointment start, the appointment will be marked as not conducted and you may face a penalty for non-attendance.
Make sure you are in a suitable location for the appointment that is free from distractions. The mediator will cancel the appointment immediately if you are driving even if you are using a hands-free device.
The dates to avoid which you provided on your Directions Questionnaire were taken into account when booking your appointment. We are only able to re-book appointments in exceptional circumstances.

Please see attached documents for more information about what happens within your mediation appointment.

• Small Claims Mediation Service contact details
If you have any complaints or issues to raise about the Mediation Service, contact us by email or telephone:

Email:  xxxx@xxx.gov.uk
Telephone: XXXXXXXX

2

Just realised I haven't been notified that I should submit an N180 by the court and I can't find anything about the N180 on the Money Claim site yet either.

Should I still submit it or wait until I've been notified?


4
Thanks very much - there are a number of questions about the mediation appointment in section E. Should I complete these?


5
Thanks I did all that and submitted it via the MCOL service. On Tuesday, 29th Oct I received this back from DCB with a N180 (Small Claims Track) form questionnaire attached completed by them.

"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 XXX XXX XXXX 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."


Thanks again for your advice on this


6
The issue date of claim is 29 August 2025 and I must respond within 14 days of the day of service. The day of service is 5 days after the issue date shown

7
Sure - I sent this:

"Dear XXX,

I write in response to your latest correspondence dated XXth July 2025.

This response is with prejudice and may be relied upon in any future proceedings.

Despite repeated requests, your client continues to withhold core documents required under the Pre-Action Protocol for Debt Claims and the Practice Direction – Pre-Action Conduct. These include, but are not limited to:

• A copy of the Notice to Keeper (NtK)
• Evidence of the date of posting of the NtK, as required under PPSCoP 8.1.2(e)
• A breakdown of the claimed sum, including clarification of whether the principal sum is damages or consideration

Your continued refusal to disclose these documents — while simultaneously threatening court action — is procedurally improper and undermines the credibility of your client’s position.

Furthermore, your reliance on VATSC06140 to dismiss VAT applicability to the £70 debt recovery fee remains legally incoherent. You have not clarified whether this sum is pleaded as damages or consideration. If it is the latter, VAT applies. If it is the former, your client must justify the quantum as a genuine pre-estimate of loss. You have done neither.

Your client’s continued refusal to disclose these documents — while threatening litigation — is procedurally improper and obstructive. It is not “proportionate”; it is evasive.

Position on Liability and Settlement

I remain unable to assess the merits of any alleged claim until your client complies with its pre-action obligations. Any attempt to resolve this matter must be preceded by full and proper disclosure. Until then, I do not accept liability and reject any suggestion that I am obliged to settle an unsubstantiated claim.

Should proceedings be issued without compliance, I will seek:

• A stay under paragraph 15(b) of the Practice Direction
• Sanctions under paragraphs 13 and 16
• Costs under CPR 27.14(2)(g) for unreasonable conduct

I reserve the right to place your client’s conduct before the court and, if necessary, refer this matter to the Solicitors Regulation Authority."

8
Thanks - I sent the a copy of the letter above and amended it as follows as it was only the items below that they hadn't supplied:

• A copy of the Notice to Keeper (NtK)
• Evidence of the date of posting of the NtK, as required under PPSCoP 8.1.2(e)
• A breakdown of the claimed sum, including clarification of whether the principal sum is damages or consideration

Now I've now just received a Court Claim from HMC&T and my options are to pay the increased amount of £280 (which includes an increased amount claimed of £195, a court fee of £35 and a legal rep's costs of £50) or to I can admit only part of the claim or I can disagree with the claim

The particulars of the claim are as follows:

Particulars of Claim
1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) (PC) issued to vehicle XXX at XXX
2. The date of contravention is DD/MM/2023
and the D was issued with PC(s) by the Claimant
3. The Defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason:Vehicle Remained On Private Property In Breach Of The Prominently Displayed Terms And Conditions
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 totai of the PC(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 £.03 until judgment or sooner payment.
3. Costs and court fees

Thanks for your advice in advance


9

Thanks I sent that response and received this reply from DCB Legal on 28th July - they’re offering a discount now

“Dear X, 
 
We write in response to your correspondence received in our office dated 22nd July 2025.    
  
We have made a record of the contents of your correspondence and noted this on your file accordingly. We now respond to the same as follows.  
  
Pursuing a legally owed debt is not harassment. You may wish to seek independent legal advice in this regard. Our client pursuing this matter through the Small Claims Court is the correct course of action.
 
The HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), which was last updated on 02 September 2020, confirmed that parking charge notices falls out of the scope of VAT. There is no requirement for a VAT invoice to be issued to you.
 
However, in light of the above I can confirm that our client would be agreeable to settle this matter in the parameters outlined below.  
 
 
WITHOUT PREJUDICE  
 
In relation to the above matter. 

I can confirm our Client would be agreeable to £100.00 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 14 days. Payment can be made via our website www.dcblegal.co.uk, by calling our office on 0203 838 7038 or via bank transfer:    
     
Account Name: DCB Legal Ltd Client Account    
Sort Code: XX-XX-XX
Account no: XXXXXXXX 
   
When making payment please ensure you include the following reference number, XXXX.XXXXX , to enable us to allocate it to the correct case.  
       
If you are not agreeable, we will continue to follow the Court process as normal. 
  
We would ask that you kindly furnish us with your most up to date telephone number and email address, this can be emailed to us at info@dcblegal.co.uk.     
     
Alternatively, you can contact DCB Legal Ltd on 0203 838 7038 to make payment over the telephone or online at https://dcblegal.co.uk/response/pay-online/.    
 
Should you be unsure of your position, you may wish to seek your own independent legal advice. 

Kind Regards, 

10
I have received the following reply from DCB Legal now - thanks for your help in advance:

"Dear Mr X, 

We write in response to correspondence received in our office dated 12th June 2025.

We have made a record of the contents of your correspondence and noted this on your file accordingly.   

For clarity, this matter relates to a parking contravention which occurred on 15th September 2023 at XXXXX. The parking charge was issued as at the material time Vehicle Remained On Private Property In Breach Of The Prominently Displayed Terms And Conditions. 

It is our position that the Letter of Claim (“LOC”) is compliant with the Pre-Action Protocol for Debt Claims (“the Protocol”). The LOC provides adequate information for you to identify the debt that our Client is seeking to recover. We respectfully draw your attention to paragraph 2.1(c) of the Protocol and remind you that both parties are expected to act reasonably and proportionately.

Prior to the issue of the parking charge, our Client applied to the DVLA for the details of the Registered Keeper of the Vehicle. Your name and address were provided. Our Client therefore correctly issued correspondence to you at that address. Having not received payment, address verification was carried out prior to the Letter of Claim being sent. Your new address was located and as such the Letter of Claim was issued to you at the traced address. 

Our client took reasonable steps to identify you and your correct address; but it is ultimately your responsibility as the vehicles registered keeper, to update the DVLA of any changes to your registered address through the use of your vehicles V5C.

Further to the above, those notices 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. On the balance of probabilities, if you were not the driver, you would have nominated.

The parking charge was not affixed to the vehicle because our client utilises Automatic Number Plate Recognition (“ANPR”) technology on the land where the parking charge was issued in order to manage the parking. This means that cameras capable of accurately recognising the vehicle registration number of a vehicle are constantly monitoring the entrance and exit to the land.  A photograph is taken of each vehicle as it enters and exits the land. Any vehicle found to have breached the terms of parking will be issued with a parking charge via the post.

When parking on private land, the contractual terms of the site are set out on the signs. You are entering a contract and agreeing to the terms by parking and staying on the site. Parking in breach of the terms as stipulated on the signage means that you are then breaking the terms of the contract. The breach in contract would make you liable for a parking charge.     

The signage on site, is erected in line with our Clients regulators (BPA) in order to allow a reasonable driver to be notified of the terms and conditions operating on the site prior to them parking their vehicle. As such the signage on site, is sufficient given the size and capacity of the car park. 

The terms and conditions on the signs stated Vehicle who remained On private property In breach of the prominently displayed terms and conditions, would be issued with a parking charge. Your vehicle was in breach of the terms and conditions at the material time and as such the parking charge was issued correctly.

Further to the above, the terms and conditions on the signs stated that a 2 hours maximum stay term was operating on the land and remaining in excess of the same, would result in a parking charge being issued. The vehicle was recorded on the land 23 minutes in excess of the maximum time permitted and as such the parking charge was issued correctly.

You should always be vigilant when entering any land that you are not familiar with or that you know is privately owned and there are parking terms in place. As the driver of the vehicle it is your responsibility at all material times to ensure you understand the terms and conditions operating on the land prior to exiting your vehicle. Furthermore, it is your responsibility to ensure that you have read and understood the terms operating prior to parking your vehicle. 

The Notice to Keeper was issued to you after the date of contravention. You were afforded the opportunity to; appeal the parking charge, transfer liability to the driver (if it was not you) or make payment. Neither a successful appeal, nor an adequate nomination were received, yet payment remains outstanding.

The Reminder Notice was issued to you upon receipt of the Notice to Keeper. This notice reiterated that payment was outstanding and confirmed that legal action may be taken and additional costs incurred if the parking charge was not paid.

In regard to the debt recovery fee of £70.00 being claimed, you would have been made aware of this through the signs available on the car parks site as previously mentioned above. This does not include any VAT. The HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), which was last updated on 02 September 2020, confirmed that parking charge notices falls out of the scope of VAT. There is no requirement for a VAT invoice to be issued to you.         

Further to the above, in accordance with the appeal decision made on 29th July 2020 in Britannia Parking Group Ltd v Semark-Julien [2020] EW Mis 12 (CC), it is not correct to propose this claim should be struck out as an ‘abuse of process’ due to the contractual costs claimed.         

With reference to the above, this parking charge is being pleaded as a breach of contract to which damages are payable in light of the matters raised in this correspondence.     

Pursuing a legally owed debt is not harassment. You may wish to seek independent legal advice in this regard. Our client pursuing this matter through the Small Claims Court is the correct course of action


If there are any documents that you have requested, but that are not enclosed with this letter, it is because we have deemed the request to be disproportionate and/or not relevant to the substantive issues in dispute. We respectfully draw your attention to paragraph 2.1(c) of the Protocol and remind you that both parties are expected to act reasonably and proportionately. 

DCB Legal have been instructed as all previous attempts to resolve the matter have been unsuccessful. 

You now have 30 days from the date of this letter to pay the outstanding balance of £170.00. Failure to do so will result in continuing to follow the claim process against you without further notice. 

Payment can be made via bank transfer to our designated client account: -

Account Name: DCB Legal Ltd Client Account
Sort Code: XX-XX-XX
Account Number: XXXXXXXXX
    

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

 
We would ask that you kindly furnish us with your most up to date telephone number and email address, this can be emailed to us at info@dcblegal.co.uk. 

Alternatively, you can contact DCB Legal Ltd on 0203 838 7038 to make payment over the telephone or online at https://dcblegal.co.uk/response/pay-online/.


Kind Regards,"

11

Thanks - I have sent this today

12
Thanks - yes, I received the original notices from Parking Eye last year and no I haven't sent any appeals

13
I am the Registered Keeper of the vehicle. The car park has a limited time that you’re allowed to park there but I do not know whether the driver parked there at that time. Thanks for any advice received

Letter received: 23rd May
Alleged contravention: Sept 2023



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