Author Topic: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN isssued for Swanley Park parking in New Barn Rd  (Read 21938 times)

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Reply received today from DCBL:

Quote
Good morning,

I write further to the below.

Please note that the Claimant instructed us to discontinue proceedings on 08/09/2025, and ruling in Mazur v Charles Russell Speechlys was decided on 16/09/2025. The case law was therefore not implemented at the time of discontinance(sic.), therefore we have acted in accordance with authoritative instruction at the time of filing.

We trust this clarifies our position.
 

Kind Regards,

Lauren Travis
DCB Legal Ltd 

Tel: 0203 434 0433 | DX 23457 Runcorn 
dcblegal.co.uk | Twitter | Linkedin | Facebook 

Is that enough to get them off the hook, assuming she is even correct about the date?


That doesn’t get her or DCB Legal off the hook. Mazur simply confirmed the existing legal requirement. It did not introduce the requirement from the date of the judgment.

Respond to her with the following:

Quote
Subject: Claim [claim number] — Notice of Discontinuance signer’s authority

Dear Ms Travis,

Thank you for your email.

Your response misunderstands the point in issue. The effect of Mazur v Charles Russell Speechlys LLP (16 September 2025) is declaratory of existing law: it reiterates that only an authorised person (or someone falling within a statutory exemption) may conduct litigation. That has been the position under the Legal Services Act 2007 (see ss.12–14 and Sch 3) irrespective of the date of the Mazur judgment. The question remains whether the individual who signed the N279 had the requisite authorisation or exemption at the time of signing.

Please therefore answer the questions previously put:

The signatory’s full name, capacity, and whether they are an “authorised person” within the meaning of the LSA 2007 (provide SRA/CILEX number and practising status).

If not authorised, the precise exemption relied upon under Schedule 3 LSA 2007 that entitled that individual to conduct litigation and sign the N279 in these proceedings (enclose any sealed order or specific statutory provision).

For the avoidance of doubt, Practice Direction 22 requires a signature with the individual’s name and capacity when signing on behalf of a party; “L. Travis, Paralegal” is not adequate for verification. If the N279 was not signed by an authorised (or exempt) person, please file and serve a compliant N279 personally signed by an authorised person, with their full name and capacity clearly stated.

Unless and until you provide satisfactory confirmation, I will reserve the right to place this correspondence before the Court and to seek my costs arising from any irregularity under CPR 27.14(2)(g) and, if appropriate, wasted costs. Conducting a reserved legal activity without entitlement is also a criminal offence under the LSA 2007; I reserve the right to report any such conduct to the SRA.

Please respond within 7 days.

Yours faithfully,

[Full name]
[Postal address]
[Email]
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

That's exactly what I thunked. Thx.

She's clutching at straws, and betrays a woeful lack of legal literacy in the process.

Thought you were on a 3-week break?

I’m not on a break. I will be out of the country for 3-4 weeks and may have limited time and access. I will be trying to stay on top of cases as much as I can.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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No reply to your rebuttal after 9 days. Proceed to the next stage, or allow a few more days of 'grace'?

Give them an extra 48 hours (by 4pm on Wednesday 22 October) with this email:

Quote
Subject: Claim [claim number] — FINAL NOTICE re authority of N279 signer

Dear Ms Travis,

Further to my email of [date] and your reply of [date], no substantive response has been received to the specific questions asked about the signatory’s authorisation/exemption under the Legal Services Act 2007.

Mazur v Charles Russell Speechlys LLP (16 September 2025) is declaratory of existing law; the issue is whether the person who signed the N279 was authorised or exempt at the time of signing. Please provide, within 48 hours:
1. The signatory’s full name, capacity and SRA/CILEX number and current practising status; or
2. The precise Schedule 3 LSA 2007 exemption relied upon (with the sealed order/statutory provision).

Absent a complete answer, I will (i) place this correspondence before the Court on a costs application under CPR 27.14(2)(g) and (ii) refer the matter to the SRA for investigation of any conduct of reserved legal activities without entitlement.

Yours faithfully,

[Full name]
[Address]
[Email]

If no response by 4pm on Wednesday 22 October, send the following to whichever court was last being used before the discontinuation and CC DCB Legal and yourself:

Quote
To: The Court Manager / District Judge

Claim: [claim number] — [Claimant] v [Defendant]

Re: Costs following Notice of Discontinuance (N279) signed by paralegal

Dear Sir/Madam / District Judge,

The Claimant filed a Notice of Discontinuance (Form N279) signed “L. Travis, Paralegal”. I queried the signer’s entitlement to conduct litigation and requested confirmation of authorisation/exemption under the Legal Services Act 2007. DCB Legal’s response did not answer those questions; no further response has been received by 4pm, 20 October 2025.

Only an authorised person (or a person within a statutory exemption) may conduct litigation. Preparing/signing/filing/serving an N279 is conduct of litigation. See LSA 2007 ss.12–14 and Sch. 3. The decision in Mazur v Charles Russell Speechlys LLP (16 September 2025) reiterates and clarifies this. Practice Direction 22 also requires the individual’s name and capacity when signing on behalf of a party.

The Claimant’s representatives have (i) failed to confirm that the signatory was authorised or exempt at the time of signing, and (ii) relied on a misunderstanding that Mazur “was not implemented” at the time of discontinuance, which is irrelevant to the underlying statutory position. This conduct has put me to unnecessary time and expense after discontinuance.

I respectfully invite the Court to exercise its discretion to award my costs caused by this unreasonable conduct. While CPR 38.6(3) limits costs on the small claims track, the Court retains discretion to award costs for unreasonable behaviour under CPR 27.14(2)(g). The continued failure to confirm basic authorisation for a reserved activity after being squarely asked is, I submit, unreasonable.

Order sought:
(a) The Claimant do pay the Defendant’s costs of and occasioned by the post-discontinuance correspondence, summarily assessed in the Schedule below and payable within 14 days; and
(b) Liberty to apply.

Schedule of Costs (Litigant in Person, CPR 46.5)

• Time spent drafting correspondence re authority (xx.xx hrs) @ £24.00/hr …… £[ ]
• Preparing this application/letter (xx.xx hrs) @ £24.00/hr …………………… £[ ]
• Postage/printing/incidentals …………………………………………………………… £[ ]
Total: £[ ]

Supporting documents:
• My emails dated [dates] and DCB Legal’s reply dated [date];
• Copy N279 as filed/served.

If the Court requires a formal application, I will file an N244 accordingly, but I hope this can be determined on the papers.

Yours faithfully,

[Full name]
[Address]
[Email]
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Will do, and thanks.

OK, looks like we're just going round in circles here. She's avoiding the substantive points of compliance and exemption, etc. Proceed to the next stage without further reference to them?



Quote
Dear xxxxx xxxxxx,

I write further to the below.

Please note that our position remains as previously advised. We continue to act in accordance with SRA regulations and adjust our internal processes accordingly dependant on new instruction from any regulating authority.

The matter was discontinued on 08/09/2025 and therefore our file is closed.

DCB Legal Ltd now deem the matter concluded.

Kind Regards,
Lauren Travis

DCB Legal Ltd
Tel: 0203 434 0433|DX 23457 Runcorn
dcblegal.co.uk|Twitter|Linkedin|Facebook


Yes — at this point you’ve given DCB Legal every reasonable opportunity to confirm whether the signatory was authorised or exempt under the Legal Services Act 2007, and they have declined to engage with the substance. Their latest message effectively closes correspondence without addressing the statutory compliance question.

You can now proceed to the next stage without further reference to them, i.e.:

File a costs application or written request to the court (as outlined in the earlier draft) inviting the court to award your costs under CPR 27.14(2)(g) for unreasonable conduct, highlighting that DCB Legal ignored lawful requests for clarification of a reserved activity and provided a legally flawed excuse (“not implemented at the time”).

Report the matter to the SRA, enclosing the correspondence chain and explaining that DCB Legal’s employee signed an N279 without any verified authorisation or exemption and the firm refused to confirm compliance. Stress that this may amount to unauthorised conduct of litigation contrary to the LSA 2007 ss.12–14 and Sch 3.


Send the following to the court addressed to the Court Manager / District Judge:

Quote
Subject: Costs following Notice of Discontinuance signed by unverified paralegal

Re: [Claimant] v [Defendant] — Claim No. [Claim number]

Dear Sir/Madam / District Judge,

1. The Claimant filed a Notice of Discontinuance (Form N279) on 8 September 2025 signed “L. Travis, Paralegal.” I queried whether the signatory was authorised under the Legal Services Act 2007 to conduct litigation or fell within a statutory exemption.

2. DCB Legal Ltd responded that because Mazur v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB) was decided after the discontinuance, it was “not implemented at the time.” That reasoning is legally unsustainable: the decision merely affirmed the pre-existing statutory position under sections 12–14 and Schedule 3 of the Act.

3. I reiterated the request for the signatory’s full name, capacity, and authorisation details. DCB Legal declined to engage further and now states the matter is “deemed concluded”. The question of whether the N279 was executed by an authorised or exempt person therefore remains unanswered.

4. Preparing, signing, filing or serving a Notice of Discontinuance constitutes the conduct of litigation, a reserved legal activity. Where undertaken by an unqualified person it amounts to unauthorised conduct contrary to section 14 of the Act. I have had to spend time pursuing clarification that should have been forthcoming immediately.

Application
Accordingly, I invite the Court to exercise its discretion under CPR 27.14(2)(g) to award my costs occasioned by this unreasonable conduct, namely:

DescriptionTime (hrs)RateAmount
Correspondence with DCB Legal[x.xx]£24.00£[ ]
Preparing this submission[x.xx]£24.00£[ ]
Postage / incidentals£[ ]
Total£[ ]

Supporting documents:
• Copy N279 filed/served 08 Sept 2025
• My emails dated [dates] and DCB Legal’s replies dated [dates]

If the Court requires a formal N244, I am content to file one, but respectfully submit that the issue and quantum can be determined on the papers.

Yours faithfully,

[Full name]
[Postal address]
[Email]

Send the following to the SRA at report@sra.org.uk:

Quote
Subject: DCB Legal Ltd – potential unauthorised conduct of litigation (Notice of Discontinuance signed/submitted by paralegal)

Dear Sirs,

I report a potential breach of the Legal Services Act 2007 concerning unauthorised conduct of litigation by DCB Legal Ltd.

Background

Claim No. [claim number], [Claimant] v [Defendant].

On 8 September 2025 DCB Legal filed/served a Notice of Discontinuance (Form N279) signed “L. Travis, Paralegal”. I requested confirmation of the signatory’s authorisation or exemption under the Act.

Responses

DCB Legal replied that Mazur v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB) “was not implemented at the time of discontinuance” and therefore they had acted correctly. This response avoids the substantive statutory question. A further chaser was sent; they ultimately stated the file was closed and the matter concluded, without confirming authorisation or exemption.

Concern

Preparing, signing, filing or serving a Notice of Discontinuance constitutes “conduct of litigation”, a reserved legal activity under sections 12–14 and Schedule 3 of the Legal Services Act 2007. The refusal to identify the signatory’s authorisation raises a credible concern that an unqualified employee performed a reserved activity contrary to section 14(1) of the Act.

I attach the relevant correspondence and N279 for your consideration. I request that the SRA investigate whether DCB Legal permitted unauthorised conduct of litigation and, if so, take appropriate regulatory action.

Yours faithfully,

[Full name]
[Postal address]
[Email]
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Sorry, but I just can't reconcile what appears to be a direct conflict in your advice. In comment #130, you said:

Quote
Only the defendant can claim costs. Any request for costs must be made by the defendant and can only relate to their own time.

In comment #144, you then list a schedule of costs for time that I spent on behalf of the defendant, and for which you already said she cannot claim. It was my time, not hers, although she has spent other time defending this claim that you haven't listed.

For example, she prepared a bullet-point list of the facts surrounding the circumstances of the alleged infraction of the PPC's Ts&Cs - twice in fact, cos the first one was lost when Pepipoo went AWOL. She also returned to the scene of the 'crime' twice to obtain pictures of the signage for the same reason. She also spent time answering my questions whenever you posed a question that I couldn't answer without asking her, etc. Some of it is a matter of record on WhatsApp. But none of that time relates directly to dealing with DCBL. All of that was done by me.

Under those circumstances, does she have a claim for costs? IOW, can she claim for all the other stuff that predates my communications with Lauren Travis/DCBL? If not, then we will have to forgo the claim for costs and just make this a complaint about process, no? 

It’s your choice. I thought you were the defendant. Just tell the defendant to claim for all their costs. If you were acting as a Lay Representative, your time cannot be claimed.

If the defendant wants to claim costs for time you have spent assisting, that is for them to reconcile as to how they recover those costs to you.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Well b789, you must deal with at least dozens of cases every week, so I wouldn't necessarily expect you to remember the particulars of every case you have ever handled.

But no, this is muggins fighting on behalf of his daughter, who would just cough up on first sight of a PCN for the sake of an easy life if it was left to her. She doesn't have the time for all this, and, of course, I have nothing better to do. So ........

1. OK, so she can claim for ALL the time she personally spent on this, right? If you include the two round trips to the site, the two lists of facts, and numerous exchanges with me on WhatsApp, etc., I estimate time spent to be iro 5.00hrs, give or take. But it's only an estimate. No precise records were kept. Would that be acceptable to the court, or should we deliberately underestimate to be on the 'safe' side?

2. Is the correspondence with the court, etc., to be conducted via email or hard copy via post? 

TIA.

Your time claimed should simply be what you can justify from memory, you don’t have to prove it but it needs to be reasonable and consistent, so I’d just write it down and hold on to what you’ve written.

Just be honest about the time she spent on the claim. Include any time spent researching etc. I must have spent a few hours doing some research on this case too. Just don't overcook it.

All correspondence over this can be via email with the court.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain