Free Traffic Legal Advice

I will initiate chargeback first thing in the morning with all the details outlined above by the experts. Will keep posted of outcome 😃

Thank you.

Thank you b789 for such comprehensive advice. I now understand the critical timing issues and procedural steps much better.

I'll take these immediate actions:

Complete the N180 exactly as outlined and submit it to dq.cnbc@justice.gov.uk with the suggested covering letter, CCing NPCL and myself.

I'll upload a properly redacted version of the full defense document to Google Drive and share the link here for your review.

I understand the greatest risk is before allocation, and I'll be prepared to respond if NPCL applies for strike-out or summary judgment.

To answer your question about the defense document - I only have what was sent by the CNBC. I'll share this as soon as I can get it properly redacted.

Regarding my evidence, I'll organize it but won't submit anything until directed by the court after allocation.

I appreciate your explanation of their defense strategy and how to counter it. The timeline and explanation of small claims procedures has been extremely helpful.

Will update once I've submitted the N180 and have the defense document ready to share.

Thank you for your honest feedback, b789.

To confirm:

I did not submit further particulars within 14 days, so what you see in the attached screenshot is all that was filed.

I understand now that my PoC is weak and informal, and doesn’t set out a clear legal cause of action.

Chronology (for context):

As soon as the PCNs arrived, I contacted my property manager, who emailed NPCL and DCBL confirming NPCL had no authority.

When the matter escalated to debt collection, I was advised to deal with NPCL/DCBL directly, and ultimately paid under financial pressure.

After payment, my property manager confirmed in writing that NPCL was never authorised and their signage was removed.

Next steps:

I’ll focus my witness statement on the facts and include all supporting evidence (including redacted emails).

I won’t try to introduce new legal arguments, but will explain why the money should be returned.

I’ll wait to see NPCL’s WS and respond accordingly.

Quick questions:

For small claims, is a signed letter from my property manager sufficient, or should it be in formal witness statement format?

If NPCL’s WS opens up new issues, how much can I address given my weak PoC?

Thanks again for your guidance

Thank you, DWMB2, for your quick and thoughtful reply. I appreciate the opportunity to clarify the chronology and address your questions:

Chronology Clarification
Initial Contact: I received debt recovery letters from DCBL regarding three PCNs from NPCL for my own allocated parking space.

Mortgage Pressure: At the time, I was (and still am) in the process of a mortgage application and was extremely anxious about any risk to my credit file, so I paid the charges immediately to avoid escalation.

Discovery of Lack of Authority: Only after paying did I consult my property manager, who confirmed in writing that NPCL was never authorised to operate or issue tickets at our development. The property manager then emailed NPCL to cease enforcement and remove their signage (which they did).

Action Taken: Once I had this confirmation, I requested a refund from NPCL, which they refused. I then issued a money claim for the amount paid.

So, to clarify:
I paid first (due to mortgage/credit concerns), then discovered NPCL’s lack of authority, and am now seeking to recover the money.

Particulars of Claim
Here is a summary of my particulars of claim (happy to post the full text if helpful):

I paid NPCL £680.20 for three PCNs issued for parking in my own allocated space.

After payment, my property manager confirmed NPCL had no authority to issue PCNs or operate on our site, and that their signage was unauthorised and subsequently removed.

I requested a refund from NPCL, which was refused.

I am seeking a refund of the amount paid, on the basis that the charges were issued unlawfully and under duress (due to mortgage/credit concerns).

Pre-Action Protocol / Letter of Claim
Letter of Claim: I did not send a formal Letter of Claim before issuing proceedings. I did, however, email NPCL to request a refund and explained the situation, but received no response.

I accept that this is a procedural oversight on my part, and I understand the court may take this into account.

If this was the other way around, I agree we’d be pushing for a strike out. Is there any way to mitigate this now, or should I consider offering to stay proceedings to allow for pre-action correspondence?

Further Evidence
I now have emails from my property manager to NPCL stating they were trespassing and had no authority, and instructing them to remove signage and stop issuing tickets.

I also have photos showing the signage was removed after the complaint.

Questions for the Forum
Given the above, does my claim still have merit despite the lack of a formal Letter of Claim?

Should I offer to stay proceedings and send a Letter of Claim now, or continue as is?

Is there anything else I should do to strengthen my case at this stage?

Thank you again for your help. I’m keen to do things properly and appreciate any advice on how to proceed given the unusual sequence of events.