Author Topic: Any way to redeem this situation?  (Read 1856 times)

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Any way to redeem this situation?
« on: »

Dear Forum,

I (wife) just came upon this forum today. Unfortunately, husband followed the dcb legal claim letter and filed a defense on moneyclaim.
Without doing research or asking for help. He filed the defense a few days ago. The deadline was today.

I found the instructions for the defense here on this forum thanks, but as I log into money claim I see no way of amending or adding to the defense.

In addition although emails might have been sent to original parking company or related entities years earlier (this is a 5 year old ticket),
they were not responded to.

is it too late to email the preaction protocol dispute of debt letter? Or complain to a govt body for not receiving an answer to dispute?

Is there away to amend the claim?

I would like to add the defenses listed in this forum, to the moneyclaim defense below. How?

Here is what he wrote in the defense!!! OMG I wouldn't have done this honestly...
==========================================
These parking charges were waived by the store manager, but was
never acknowledged by the parking company. It was waived as my
wife is disabled and it took her more time around the store. When
e received the initial charge, we went back to Wickes and spoke
with the store manager, who told us he would send an email to the
parking company. when we received the next notification of the
charge, we called the parking company and they said they didn't
receive an email. Then we spoke with the store manager and he told
us he would resend the mail to the parking company and it should
be fine. a Once the parking company asked the debt collection
company to take over, thy didn't care if we handled it correct, it
could only be cancelled by the parking company. We spoke with the
parking company and they told us once they handed it to the debt
collection, they wouldn't handle any disputes, only payment.
We didn't hear anything about it until 5 1/2 years later (now).
This is completely unjust and mishandled by both the parking
company and the debt collection firm.

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Re: Any way to redeem this situation?
« Reply #1 on: »
Trust me, any claim issued by DCB Legal, no matter how absurd the defence, will be discontinued before they have to pay the trial fee.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Any way to redeem this situation?
« Reply #2 on: »
It would cost a lot of money to amend the defence... more than the claim amount. Luckily, this is a DCB Legal issued claim, just go through the motions of N180DQ, mediation call and then sit back and wait for the allocation to your local court and the directions order. This will never get as far as a hearing and you are waiting for the N279 Notice of Discontinuation.

Just keep us updated.

If it were to ever reach a hearing, a judge would love that defence. It is to the point and without the usual legalese waffle that we always try on. Do you have a copy of the email or anything from Wickes that confirms they sent a cancellation request to the parking operator?
« Last Edit: June 12, 2025, 06:18:29 pm by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Any way to redeem this situation?
« Reply #3 on: »
It would cost a lot of money to amend the defence... more than the claim amount. Luckily, this is a DCB Legal issued claim, just go through the motions of N180DQ, mediation call and then sit back and wait for the allocation to your local court and the directions order. This will never get as far as a hearing and you are waiting for the N279 Notice of Discontinuation.

hi we can't do that because they issued a moneyclaim at hmc court service and he responded with the text above. He disputed the full amount.
Although their document said they would agree to mediation, there was no place for husband to agree.

The document says the court will direct both parties to fill questionaires in due course.

Is this questionaire from the court or mediation service? Are you saying i should still call up and ask them for mediation?

They are asking for 350 pounds about. I think maybe we stayed over 10 min. Can't find original fine info.




Re: Any way to redeem this situation?
« Reply #4 on: »
Quote
Do you have a copy of the email or anything from Wickes that confirms they sent a cancellation request to the parking operator?
This would be useful.

As b789 notes, most DCB Legal claims get discontinued, but they do very occasionally proceed with hearings (Andy_Foster has had 3 DCB Legal managed cases go to hearings in the last few years) - so it'd be sensible to get any evidence you can that will support your defence.

Re: Any way to redeem this situation?
« Reply #5 on: »
Stop panicking! Whilst the claim has been defended, albeit not with the way we would have advised, you are lucky that it is a DCB Legal issued claim.

The claim is now defended. You will receive a letter from HMCTS telling you that the claimant has been sent a copy of the defence and you will hear from DCB Legal telling you that their client intends to proceed. It is all very predictable for those of us who have been advising on this for years.

When you receive the letter from DCB Legal which will include a copy of their N180 Directions Questionnaire (DQ), come back and I will advise on how to complete your own and where to send it.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Any way to redeem this situation? UPDATE!
« Reply #6 on: »
 :-[  So lo and behold, we just received a notice that says GENERAL FORM OF JUDGEMENT OR ORDER.

It is from the Civil National business Center, and it says that before the Court Officer in NORTHAMPTON, that we
failed to file a directions questionaire with the CNBC.

We never ever received a notice to file a Directions Questionaire!

In any case, it now says we have 7 days from service of this order to respond via post or email.

It looks like we have to fill an N180 form.

What do we do now please any tips? I don't want to mess up our response.

The claimant says G24 LIMITED. No mention of DCB LEGAL.

THANK YOU THANK YOU!!!!

Re: Any way to redeem this situation?
« Reply #7 on: »
Yes, the claimant is G24 but they are being represented by DCB Legal. So any correspondence is through DCB Legal.

Having received your own 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.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Any way to redeem this situation? (UPDATE)
« Reply #8 on: »
Hello,

So we have an update.

So our letter demanding an in person trial etc and complaint that procedures were not followed per orgininal message,
was ignored and I was given a mediation appointment.

What do I do at the appointment?

I could say something and mess everything up.

Can I even get out of it?

Meanwhile DCB legal has an autocall feature and I get phone calls several times a day. I find this harassing. They could
just write if they want to cancel etc. I marked them as spam but still, why are they calling?

Thanks for advice.
======================================================================

Claim number: M0KF74T6

Parties: G24 LIMITED v DR

Your telephone mediation appointment
Appointment date: 21/10/2025

Appointment time slot: 09:30 to 12:30

Your confidential telephone mediation appointment has been booked for the above date and time slot. This means that the mediator will call you between the times shown. Your appointment will last for around one hour from the point at which the mediator calls.

The mediator will call both parties separately – you will not talk directly to the other side. They will try to help you both come to an agreement before the case goes 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.


Preparing for your appointment
You must make sure you have provided us with, or confirmed, the name and number of the person who will be conducting the mediation appointment. If you have not done this, or need to update your telephone number, you should contact us using the details at the end of this letter no less than 5 working days before your mediation appointment. Failure to do so may result in your mediation appointment not taking place and may result in a Judge issuing a penalty where the mediation was mandatory.

The mediator will call from a withheld number. Make sure that withheld numbers are not blocked on your phone.

Be ready to receive a call from the mediator from the beginning of your time slot. The mediator will call the telephone number you provided in your application.

If the mediator cannot contact you within 10 minutes of the appointment start, the appointment will be cancelled and you may, where mediation is mandatory, face a penalty for non-attendance.


Rebooking your appointment
If you need to rebook your appointment, you must have a good reason. The administration team will only consider rebooking in exceptional circumstances, such as an accident or a family bereavement. You must let us know as soon as possible.


Nominating a different representative
If you want someone else to represent you at mediation (like a trusted friend, relative or a solicitor) you must contact the mediation team

If you want to choose someone to attend your mediation appointment on your behalf who is not a part of the claim or is not a legal representative, you will also need to complete a delegated authority form. You can find out more about this on GOV.UK.

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.


What happens in your mediation appointment?
Introduction from the mediator
The mediator will introduce themselves and check that you have read and understood the mediation process.

Explaining your position
You will need to briefly explain your claim or defence to the mediator. You should prepare for yourself a brief summary of the main points.

Negotiating options 
You’re attending mediation with a view to settling your case. This means negotiating to overcome disputed issues. The mediator is neutral and helps each party to explore options and discuss risks. Mediation works when you’re willing to listen to what the other party has to say, negotiate and agree a settlement.

Building agreement
Settlement can be in many different forms, for example, payment, goods or work. Both parties must agree on the outcome and feel they have reached an acceptable resolution.

Reaching a settlement
The mediator will read the terms of the settlement and confirm agreement with each party. Once agreed, the settlement is legally binding and cannot be changed. A copy of the mediation settlement is sent to both parties and placed on the court file.


Confidentiality
All mediation appointments are confidential. An agreed settlement includes a standard confidentiality clause.


Ending the mediation process
The mediator can end the mediation if, at any time:

either party breaches the terms on which they agreed to mediation
there is no prospect that the mediation will end in settlement
the mediator deems it inappropriate to continue in the case that one or both parties are vulnerable users
either party asks to end mediation

Find out more about Small Claims Mediation by watching our video HERE. Find out more in the guide to the Small Claims Mediation Service on GOV.UK.


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:  scmreferrals@justice.gov.uk

Telephone: 0300 123 4593

Monday to Friday, 9am to 5pm

We record our calls for monitoring and training as it helps improve the service we deliver. If you want to know more about how we handle your personal data, visit https://www.gov.uk/government/collections/your-data-and-how-we-use-it

If you want to make a complaint by email, clearly title your message as ‘complaint’ in the subject field. 

Re: Any way to redeem this situation?
« Reply #9 on: »
The mediation appointment is mandatory, see Section A of the N180 you completed, and means nothing. You offer £0 to settle and that’s it. Search the forum for “mediation” for lots and lots of examples. You are not the only one. Did you not read Section A?

The N180 form you completed ensures that the case will be assigned to your local court, not to Saint Helens which is local to DCB Legal.

This will continue to a hearing in person, except that DCB Legal will discontinue rather than paying the fee.

You are jumping to conclusions. Take a deep breath and go with the flow. You came here for advice and it is good advice.

Block DCB Legal’s number and never call them. Everything in writing.
« Last Edit: October 15, 2025, 06:35:30 pm by jfollows »

Re: Any way to redeem this situation?
« Reply #10 on: »
Please stop this alarmist panicking! The mediation call is NOT part of the judicial process. No judge is involved. I tis without prejudice and has NO bearing on anything going forwards. As for the mediation call, here is the advice you need to follow:

Quote
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.

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.

As for phone calls from DCB Legal, simply block their number and you will never be bothered by them from that medium again. Simples!
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Any way to redeem this situation?
« Reply #11 on: »
Take some time and read through a few other recent cases.

Re: Any way to redeem this situation?
« Reply #12 on: »
OK!

Very Helpful!

The claimant refused to provide their name. They said they were 'litigation support'.
They did not have or provide an SRA number to show they were a solicitor.
They did not prove they had written settlement authority.

So we followed the instructions to the letter and it was recorded they did not have authority and
our settlement offer was 0.

So.. what are the next steps? Do we wait for them to file another mediation request and agree to
provide a sollictor? What is the impact of their not providing proof of settlement authority?

Will it just get dismissed now?

Thanks.


Re: Any way to redeem this situation?
« Reply #13 on: »
There will not be another mediation call.

Small Claims Mediation requires each side to be available and authorised to settle. A representative need not be a solicitor, but they must have authority and should identify themselves and their role to the mediator.

If the claimant’s attendee refused to give a name, described themselves only as “litigation support,” and could not confirm written settlement authority, it is reasonable to proceed on the basis recorded: no authority; defendant’s position £0.

Make a contemporaneous note: You treat it as without prejudice save as to costs. You are preserving this if it ever reaches a hearing, then you can rely on the mediation conduct on costs (CPR 27.14(2)(g): (unreasonable behaviour).

Quote
“On [date] at [time], Small Claims Mediation Service telephoned. The claimant’s attendee declined to provide their name, stated only ‘litigation support’, and did not confirm holding written settlement authority. I stated I was content to proceed if authority was confirmed. Authority was not confirmed. I put forward a settlement position of £0 / discontinuance with no order as to costs. The mediator recorded that the claimant’s attendee had not confirmed authority and that settlement was not reached.”

Keep the following as a note to include in any costs application:

Quote
“The defendant engaged with mediation in good faith but the claimant failed to participate properly: their representative refused to identify themselves and could not confirm settlement authority. This frustrated ADR. The defendant invites the court to find that the claimant’s conduct was unreasonable and to award the defendant’s costs under CPR 27.14(2)(g) (loss of earnings capped, travel, and such further costs as are just). The mediation discussions are relied upon save as to costs only.”

Not having or giving an SRA number is not decisive (they may be a paralegal/agent), but lack of settlement authority and refusal to identify are the problems. Keep everything else about the call confidential. Only deploy the above if costs are in issue (or if asked by the court about conduct of ADR).
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain