Free Traffic Legal Advice

Ive just been reading a similar case (Steelman)

I will proceed with the AOS as there is a pdf guide on how to submit and will reply on here when I have done so.

I also suggest you obscure the claim number and the password on the form you have posted.

@kevvyg04, follow this advice and you won't be paying a penny to anyone. What is obvious is that if ParkingEye have used DCB Legal to issue the claim, they know they have almost no chance if this was ever litigated all the way to a hearing otherwise they would have used their in-house litigation tram to issue the claim.

With an issue date of 4th June, you have until 4pm on Monday 23rd June to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Monday 7th July to submit your defence.

If you want to submit an AoS then follow the instructions in this linked PDF:

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

Otherwise, here is the defence and link to the draft order and relevant transcripts that go 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 send all the documents as a single PDF attachment (in the order of 'defence', 'draft order' and then the 2 'transcripts') 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 ParkingEye Ltd v [your full name] Claim no.: [claim number]."

IN THE COUNTY COURT

Claim No: [Claim Number]

BETWEEN:

ParkingEye Ltd
Claimant

- and -

[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(1)(a).

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 cites the cases of CEL v Chan 2023 [E7GM9W44] and CPMS v Akande 2024 [K0DP5J30], which are persuasive appellate decisions. In these cases, claims were struck out due to identical failures to comply with CPR 16.4(1)(a). Transcripts of these decisions are attached to this Defence.

5. 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.(1)(a). 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) Failed to 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.

6. 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(1)(a).

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

CEL v Chan Transcript

CPMS v Akande Transcript

If you want an editable MS Word file with everything in a single document which you can then save/export as a single PDF file when ready to send, use this:

MS Word .docx file for defence [CPR 16.4(1)(a)]

That's OK. You only need to submit an AoS if you need the extra 14 days to submit the defence.

All normal and part of the process. Do not fill out any of the forms you received with that letter. Instead just follow this advice:

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:


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.

Hi

Thats brilliant thank you.

Can I ask what happens next? Not familiar with all the legal terms used, I can see why so many people can be tricked in to paying for fear of a CCJ.

Kind regards

Kev

You will have a mandatory mediation session at which you will offer £0 and it won’t be accepted. Don’t discuss your defence.

The case will be allocated to a court local to you and deadlines will be given.

On the day after the deadline for the claimant to pay the court fee, if you have not otherwise been notified, you call the court.

The case will be discontinued.

DCB Legal don’t attend court. They initiate the process to frighten you into paying or, if you ignore it, to get a judgement in their favour by default. If you defend they give up.

End of story.

Oh yes, and you only get a recorded judgement in the court (“CCJ”) which affects your credit record negatively if - worst case - you lose in court and don’t pay within 30 days. I bet nothing they’ve written to you says this! Anyway, you won’t go to court anyway.

Hi thank you !

I have filled out the N180 and emailed as instructed.

I havent received anything from DCB Legal at all.

Kind regards

Kev

Although it’s mainly irrelevant, you should get a N180 from DCB Legal. Complain if you don’t. They will ask for a court local to them (Runcorn) and a remote hearing, but your N180 trumps theirs anyway.