Free Traffic Legal Advice

Quote from: Tronster321 on May 20, 2025, 03:07:02 pm

Quote from: b789 on May 20, 2025, 02:29:33 pm

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.

Should I be sending this to DCB legal if they haven't been appointed?

No, clearly not in this case.

Having reviewed this case and considering it is one that only came to us after the defence had been filed, here is my view on the options you have before you right now if you intend challenge the claim:

The Claimant's pleaded cause of action is a breach of contract by either the driver (not identified) or the keeper (not liable under PoFA due to statutory land), for failing to pay a parking charge incurred on private land.

You have two main options now that the weaknesses in the claim are clear.

First, you can apply to the court to have the claim struck out before it goes any further. This is done by filling in form N244 and asking the court to strike out the claim because it has no legal basis. The argument is that the claim relies on keeper liability under the Protection of Freedoms Act, but that Act doesn’t apply here because the land is covered by byelaws. The claim also doesn’t say you were the driver, so there’s no other basis for liability. The court might agree and strike out the claim, which would end the case now. The downside is you’ll need to pay a court fee of £313, and if the court refuses the application, you won’t get that money back. There’s also a small risk you might be ordered to pay a bit of the claimant’s costs for the hearing.

The second option is to do nothing for now, wait for the court to set a hearing date, and defend the claim at the final hearing. You’ll be able to raise all the same points — that PoFA doesn’t apply, that you haven’t been identified as the driver, and that there’s no valid claim. Small claims hearings are informal, and costs are limited, so this route avoids the upfront cost and still gives you a good chance of winning. The downside is you’ll need to prepare a witness statement and attend a hearing, which might take a few months.

In short, one option gives you a shot at ending the case early but costs more and carries a small risk. The other option takes longer but is cheaper and still gives you a strong defence at the hearing.

Yes, that is another option. However, do you really want the claim 'stayed'. Requesting a stay of proceedings (instead of immediate strike-out) can serve as a strategic move in certain situations. In your case, it would primarily be used to pause the case and force the Claimant to explain and correct procedural failings — rather than asking the court to dismiss the claim outright.

A strike-out application is cleaner and more final. If the court considers the late Reply to Defence as harmless (which can happen in small claims), a stay might just delay the inevitable. If you don’t make the stay request through a formal N244 application, the court is unlikely to act on it.

Are you eligible for assistance with court fees? If you are, then you should definitely make an N244 application for strike out. You could incorporate all of the arguments into a single N244 application, asking for:

• The claim to be struck out under CPR 3.4(2)(a) as disclosing no reasonable grounds (due to PoFA not applying and no driver pleaded), and/or
• The Claimant’s Reply to Defence to be struck out or disregarded due to late filing and failure to comply with CPR 15.8 and PD15 para 6 and/or
• A stay of proceedings pending clarification or permission from the court.

This all has to be done before the claim is allocated to track otherwise it is not likely to be considered within the time constraints of an actual hearing. Once it is allocated, you can please everything in your WS but most judges will not have the time or inclination to do more than skim read it.

This is the reasoning for making the application:

The 14-day expectation for replying to a defence comes from Practice Direction 15, paragraph 6. The requirement to include the Directions Questionnaire is found in CPR 15.8(a). The ability to file further pleadings after a Reply is restricted under CPR 15.9.

So, if ParkingEye waited 63 days to file their Reply to Defence without applying for an extension and without complying with CPR 15.8, they have breached procedural expectations and potentially the rules.

The second option is to do nothing for now, wait for the court to set a hearing date, and defend the claim at the final hearing. You’ll be able to raise all the same points — that PoFA doesn’t apply, that you haven’t been identified as the driver, and that there’s no valid claim. Small claims hearings are informal, and costs are limited, so this route avoids the upfront cost and still gives you a good chance of winning. The downside is you’ll need to prepare a witness statement and attend a hearing, which might take a few months.

Quote from: Tronster321 on October 16, 2025, 03:16:38 pm

Hi again, after a long wait, they finally sent the court order but i'm confused by it, it says we have to file evidence AFTER the hearin date though, or am i reading it wrong?

Show it to us perhaps?

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