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Hi everyone,
The registered keeper is being chased for private PCNs. The keeper believes that charges were unfair and there were also mitigating circumstances. She ignored the PCN and letters from debt collecting agencies. Today she received a Claim Form dated 11/03 and it looks like it would be too late to acknowledge the claim. Is there anything she can do? It looks like the deadline had already passed. She is devastated.
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Without seeing the claim form, it is difficult to tell you what to do. Check your MCOL history and if a default CCJ has not yet been issued, we can provide a defence that can still be submitted and then go buy a lottery ticket.
If a CCJ has been issued then different rules apply.
Show us the N1SDT Claim Form (no need to show all the other stuff that came with it). Only redact your personal details, the claim number and the MCOL password.
READ THIS FIRST - Private Parking Charges Forum guide -
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Thank you for taking your time. I've attached the form. I'll check the history now.
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Just checked the history and all it says is: A claim was issued against you on 11/03/2025. I think that qualifies for a lottery ticket, right?
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There is no need to redact Sarah Ensall's name nor the wrong dates for the issue of the PCNs. I said that you only need to redact your personal details, the claim number and the MCOL password.
Please confirm that this is for two PCNs.You can check those PCNs and that the date noted on the Claim Form in the Particulars of Claim do not match with the actual "issue date" of the PCN. Sarah Ensall has, as usual, referred to the date of the alleged contravention and not the issue date of the PCN.
Anyway... With an issue date of 11th March, you had until 4pm yesterday, Monday 31st March to submit the defence. If you had submitted an Acknowledgement of Service (AoS) before then, you would then have had until 4pm on Monday 14th April to submit your defence.
With a bit of luck and without delay follow these instructions right now:
Try to submit an AoS by following the instructions in this linked PDF:
https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
As long as your MCOL history does not show that a default CCJ has been issued you will then have until 4pm Monday 14th April to submit your defence.
Otherwise, as long as the claimant has not requested a default CCJ, you can simply send the following defence, immediately, by following the instructions:
Here is the defence and link to the draft order that goes with it. You only need to edit your name and the claim number. You sign the defence by typing your full name for the signature and date it. There is nothing to edit in the draft order.
When you're ready you combine both documents as a single PDF attachment and send as an attachment in an email to claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim number must be in the email subject field and in the body of the email just put: "Please find attached the defence and draft order in the matter of MET Parking Services Ltd v [your full name] Claim no.: [claim number]."QuoteIN THE COUNTY COURTClaim No: [Claim Number]BETWEEN:
MET Parking Services Ltd
Claimant
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[Defendant's Full Name]
Defendant
DEFENCE
1. The Defendant denies the claim in its entirety. The Defendant asserts that there is no liability to the Claimant and that no debt is owed. The claim is without merit and does not adequately disclose any comprehensible cause of action.
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 (or contracts) which is/are relied on;
(c) The PoC do not adequately set out the reason (or reasons) why the claimant asserts the defendant has breached the contract (or contracts)
(d) 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;
(e) The PoC do not state precisely how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;
(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;
(g) The PoC do not provide clarity on whether the Defendant is sued as the driver or the keeper of the vehicle, as the claimant cannot plead alternative causes of action without specificity.
4. The Defendant attaches to this defence a copy of a draft order approved by a district judge at another court. The court struck out the claim of its own initiative after determining that the Particulars of Claim failed to comply with CPR 16.4. The judge noted that the claimant had failed to:(i) Set out the exact wording of the clause (or clauses) of the terms and conditions relied upon;
(ii) Adequately explain the reasons why the defendant was allegedly in breach of contract;
(iii) Provide separate, detailed Particulars of Claim as permitted under CPR PD 7C.5.2(2).
(iv) The court further observed that, given the modest sum claimed, requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, the judge struck out the claim outright rather than permitting an amendment.
5. The Defendant submits that the same reasoning applies in this case and invites the court to adopt a similar approach by striking out the claim for the Claimant’s failure to comply with CPR 16.4.
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 -
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Yes, this is for two PCNs, and you're right about Particulars of Claim, both dates are contravention dates.
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I created a 3 pages long pdf file, edited only the defence part and sent it already via email. Fingers crossed now. Massive thanks for your help.
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Hello, we've received a letter from DCBL informing that their client wants to proceed with the claim. Please see attached a picture. They also say, that they may be prepared to settle, and sent us a copy of directions questionnaire. We think it's just another scare tactic and they hope we give in. Do we need to reply to them or do we wait for the court letter? Once again, thanks for any help.
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Please don't confuse DCBL with DCB Legal. Whilst related, they are very different arms of the same company and anything from DCBL can be safely ignored. However, anything from DCB Legal should not be ignored.
The letter you have received is as expected.
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 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. -
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Hi again. We've received an email about mediation phone call, which is scheduled soon. It says:
"...
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.
..."
I watched the youtube video they provided in the email, it says that the call may take up to an hour! Can i ignore the mediator's questions and just keep saying that "I'm not guilty and all I'm willing to pay is zero pounds"?
Thanks again, kind regards.
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You simply offer £0 to settle, and if the mediator wants to talk about your defence you point them to the one you have submitted and make a formal complaint after the call if they push it, you do not discuss it with them and they are not part of the legal process. It’s a box ticking exercise, and would only last an hour if you were serious about settling, but once you make it clear that you’re not then that will be that - the mediator will make your £0 offer to the claimant and it won’t be accepted. Done. Boxes ticked.
And don’t say you’re “not guilty”, this is a civil case and not a criminal case, so you only say you’re “not liable” if you say anything at all. -
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Hi again.
Just to let you all know, the fight was worth it. It took nearly a year, and I wouldn't be able to do it without your help. Thank you so, so much! I've just received a N279 Notice of Discontinuance, in which the claimant discontinues ALL of the claim. The court case was scheduled for late February. Do you know if I'll get a confirmation from the county court too? Here's the NoD: https://ibb.co/VYXXNzTn. Many thanks again. -
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