3. DCB Legal have issued a Claim form
« previous next »
Pages: [1] 2

Author Topic: DCB Legal have issued a Claim form  (Read 6102 times)

0 Members and 99 Guests are viewing this topic.

DCB Legal have issued a Claim form
« on: »
After I was issued a private parking notice by DCB Legal back in June 2024 for "using car park out of hours" whilst at a McDonalds drive through, they have now upped their stance to a claim letter from UK Parking Control Limited of Direct House, Runcorn, WA7 1UG.

I must note that during the trip to the drive through, the car head lamps stayed on as did the car engine and no one never left the car. The images on the claim letter I received also clearly show my car with head lamps turned on in the drive through lane.

I did a month or two ago, talk on the phone with DCBL and said that the car wasn't parked, but was only using a drive through. Do they have me by the long, short, and curly's now because of my admittance to driving the car?

My stance is that clearly, I was not parked and did not use the car park for any parking whatsoever during my visit to the drive through.
The claim letter includes court and legal representatives fee's so is it getting serious or still a cheeky ruse to obtain money from me using scare tactics?

Please may you kindly advise the best course of action going forward?

Many Thanks,
Retro Rick
« Last Edit: November 09, 2024, 05:36:17 pm by RetroRick »
Logged

Share on Bluesky Share on Facebook

Re: DCB Legal have issued a Claim form
« Reply #1 on: »
Logged
Quote from: andy_foster
Mick, you are a very, very bad man
Re: DCB Legal have issued a Claim form
« Reply #2 on: »
You were not issued a PCN by DCB Legal. You were issued the PCN as a postal Notice to Keeper (NtK) by UKPC. Show it to us, suitably redacted of personal information, PCN number and VRM. However leave all dates and times showing.

UKPC NtKs tend to be PoFA compliant so having blabbed the identity of the driver does not really affect much and the Keeper can still be liable. However, the cardinal sin you breached was making any form of contact with DCBL (not DCB Legal) who are powerless debt collectors and should be ignored.

DCB Legal are a firm of bulk litigators who are acting on behalf of UKPC to sue you in the county court for the alleged debt. Very easily defended and will, with more than 99% certainty, eventually be discontinued early next year.

What you have received is an N1SDT claim form from the CNBC. Again, show us that form, only redacting your personal details, the claim number, your VRM and the MCOL password. Make sure ALL dates remain visible. We don’t need to see any of the other forms that came with the claim and you can dispose of those as you will not be needing them.

Once we have seen the claim form, we can advise on deadlines for submitting the Acknowledgement of Service (AoS) and the defence. Do not do anything until you have shown us.

A couple of questions and points… was the McDs open at the time? Did you make a purchase? How long was the vehicle on the premises? It matters not whether the engine remained on, the lights remained on or whether anyone remained in the vehicle. The Keeper is being sued because the driver breached a term of contract on the signage at the location.
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: DCB Legal have issued a Claim form
« Reply #3 on: »
Hi there,

Thanks so much for replying.
I have attached the claim letter whilst covering my personal details, claim number and password.

in answer to your questions;
The McD's was open and the 24-hour open drive through was used.
Food was purchased from the drive through.
I believe that the vehicle was on site for no longer than 10 minutes or so or less.

Sadly, I did not see any apparent signage relating to terms of car park use having used the car park so often over the years, it never happened before. these parking fines must have been introduced in recent times.

Many Thanks,
Retro-Rick

[ Guests cannot view attachments ]
Logged
Re: DCB Legal have issued a Claim form
« Reply #4 on: »
OK, that is the claim form. Do you still have the original Notice to Keeper (NtK) that was sent?

Just to clarify, you drove into McDonalds drive through and ordered food. The McDs is open 24 hours. You then left the location and you received the PCN for "using car park out of hours"?

Did you try to complain to McDs at the time? The NtK will tell you how long you were on site.

With an issue date of 7th November, you have until Tuesday 26th November to submit your Acknowledgement of Service (AoS). Follow the instructions in this PDF to submit your AoS and then we can provide the defence template and associated draft order that goes with it.

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

Once the AoS is submitted, you then have until 4pm on Tuesday 10th December to submit your defence.
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: DCB Legal have issued a Claim form
« Reply #5 on: »
Hi again,

Apologies for delay in response.
Currently in a bit of life turmoil with jobs, work etc but hanging in there. Thank you so much for your responses.
I found a letter issued by the UKPC on 09/06/2024.
Some mail including the original parking charge found its way to an old address before I got to change my address on my registration for license so, I missed a few letters including the first notice.

The UKPC states I was on site from 22:31:29pm to 22:41:35pm (10 minutes and 6 seconds).
Luckily I acquired this letter through the post from my old estate agents who forwarded me my mail from my previous address after I emailed them.
Back then I was only being asked for £60.00 but alas, I never knew this letter existed.

So, to be 100% sure, I follow your link in previous message and it takes me to a drop box file that offers me a step by step solution on how to apply to the AoS? Is this correct?

Thanks again for your assistance.

BW
Retro Rick
Logged
Re: DCB Legal have issued a Claim form
« Reply #6 on: »
Hi again,
I have filed my AoS now. All done  ;D
Logged
Re: DCB Legal have issued a Claim form
« Reply #7 on: »
Good. Now complete the defence. You only have to edit your name, the claim number and then sign by typing your full name for the signature and date it. There is nothing to edit in the Draft Order.

When you've done that, save the documents as PDF files and attach them to an email addressed to claimresponses.cnbc@justice.gov.uk and CC in yourself. Make sure that the claim number is in the subject field of the email and in the body just put: "Please find attached the defence and draft order in the matter of UK Parking Control Ltd v [your full name] Claim No.: [claim number]".

Quote
IN THE COUNTY COURT
Claim No: [Claim Number]

BETWEEN:

UK Parking Control Ltd
Claimant

- and -

[Defendant's Full Name]

Defendant


DEFENCE


1. The Defendant denies any liability for this claim.

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 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(7.5);

(b) The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract which is relied on;

(c) 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;

(d) The PoC do not state exactly how the claim for statutory interest is calculated;

(e) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;

(f) The PoC states that the Claimant is suing the defendant as the driver or the keeper. The claimant obviously knows whether the defendant is being sued as the driver or the keeper and should not be permitted to plead alternative causes of action.

4. The Defendant has attached to this defence a copy of an order made at another court which the allocating judge ought to make at this stage so that the Defendant can then know and understand the case which he/she/it faces and can then respond properly to the claim.

Statement of truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed:


Date:

Draft Order for the defence
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: DCB Legal have issued a Claim form
« Reply #8 on: »
Thank you so much.
All done, all sent and all instructions were followed.

Here's hoping this is the last I hear from the DCBL or whoever they are.
And if all goes well then I owe you a round of coffee's.

Many Thanks,
Retro Rick
Logged
Re: DCB Legal have issued a Claim form
« Reply #9 on: »
It won't be the last you hear before it is discontinued. You will next receive a letter from DCB Legal informing that having reviewed your defence (after the CNBC sends the a copy of it) their client intends to proceed with the claim. They will also include a copy of their N180 Directions Questionnaire (DQ) form, which you can simply file and ignore.

Eventually, you will receive your own N180 DQ from the CNBC. Let su know when you receive it. It will be by post but you can simply download your own N180 here and complete it, ready to send as a PDF attachment in another email which we'll advise on as and when you get yours.

After that you will receive a notice of allocation to your local county court and then a case management judge will probably assign a hearing date some time next year. DCBLegal have to pay the trial fee of £27 around a month before the hearing date. They won't. They will discontinue. Before that, they will try several times to contact you to settle out of court. Don't. They will eventually discontinue.

Their modus operandi is well known and documented. If you try and negotiate with them they will haggle down to as low as £20. Why wast your money when we know they will eventually move on to find lower-hanging fruit on the gullible tree that are ripe for the picking.
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Like Like x 1 View List
Re: DCB Legal have issued a Claim form
« Reply #10 on: »
Maybe I`ve missed it.
Did you get any photos of the signage to see if a time limit was stated?
Logged
Like Like x 1 View List
Re: DCB Legal have issued a Claim form
« Reply #11 on: »
Hi, in reply to b789, Yes a letter has indeed came through from the DCB Legal people dated 08/01/2025.
The letter states that yes, their client still wishes to pursue the claim and meet me in court unless settled quickly outside of court etc..
They have also sent with that letter, a "Directions Questionnaire (Small Claims Track)" of 4 pages in length.
So, As instructed above, Disregard that or file it and await the N180 DQ from the CNBC?

Thanks again for your amazing assistance.




Logged
Re: DCB Legal have issued a Claim form
« Reply #12 on: »
The letter from DCB Legal is expected and part of the normal process. You are now waiting for your own N180 DQ.

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 N180 DQ 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:
What is the court name? - Find a Court or Tribunal - GOV.UK
Tell us if you know the court or tribunal name or address to find a court or tribunal in England or Wales
find-court-tribunal.service.gov.uk


• 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.
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Love Love x 1 View List
Re: DCB Legal have issued a Claim form
« Reply #13 on: »
Hi,

UPDATE

Have just received an email from noreply_scms_confirmation@justice.gov.uk
They have scheduled a mediation phone call with me for late February where they call both parties separately.
They have attached a PDF for "Delegation of authority to mediate"
Wharfs the best thing to do going forwards?


Thanks again for the support to date.




Logged
Re: DCB Legal have issued a Claim form
« Reply #14 on: »
The mediation is not part of the judicial process and is a complete waste of time in these cases. There is no judge or solicitor involved. The only element of the mediation which is compulsory is to "attend" the call.

You offer £0 and it is all over within minutes and you "attended" the call.
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Love Love x 1 View List
Pages: [1] 2
« previous next »
  3. DCB Legal have issued a Claim form