Author Topic: DCB Legal Issued Claim Form from HM Courts and Tribunals Service  (Read 126 times)

paulpaul1308 and 20 Guests are viewing this topic.

Hi everyone, I hope you can help me?

My wife has received an issued claim form from DCB Legal.

I read a similar post on here and I think which stated that this has "pretty poor Particulars of Claim which I am almost certain do not comply with CPR 16.4(1)"

The wording of the Particulars of the Claim is below

1. The Defendant is indebted to the Claimant for a Parking Charge issued to vehicle XXXXX at XXXX.
2. The date of contravention is XXX and the D was issued with PCs by the Claimant.
3. The D is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Vehicle Remained On Private Property In Breach Of The Prominently Displayed Terms and Conditions.
4. In the alternative the D is pursued as the keeper pursuant to POFA 2012, Schedule 4.
AND THE CLAIMANT CLAIMS
1. £170 being the total of the PC and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the CCA 1984 from the date hereof at a daily rate of £0.01 until judgment or sooner payment.
3. Costs and court fees.

This is from 2022, the place in question has long shut down. We are worried about the threat of CCJ's but the amount being asked to pay is a lot £311.48

I hope someone can help me.

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Re: DCB Legal Issued Claim Form from HM Courts and Tribunals Service
« Reply #1 on: »
You probably need to post up a picture of the claim form and the original PCN (redacting all personal info).

Re: DCB Legal Issued Claim Form from HM Courts and Tribunals Service
« Reply #2 on: »
Image uploaded (i think)

https://ibb.co/sJkpSRw2

Re: DCB Legal Issued Claim Form from HM Courts and Tribunals Service
« Reply #3 on: »
Please let me know if anyone needs anything else. Appreciate your help in advance.  :)

Hi everyone,

Does anyone have any advice on this please?

Thanks

Search the forum.

If you file a defence, for which you have until 5+14 days from the date on the N1SDT (February 14?), it is very likely that DCB Legal will eventually discontinue the claim prior to having to pay the court fee. You can also file an Acknowledgment of Service by the deadline which gives you an extra 14 days to file a defence. If you do neither, DCB Legal will apply for a judgment in default against you.

You also need to read up on “CCJ”, which is a term used by DCB Legal to frighten you into paying. Even if they do not discontinue, and even if you lose in court, provided you pay within 30 days there is no recorded judgment which negatively affects your ability to get credit etc.

Please also post the original Notice to Keeper. Parking Eye generally complies with PoFA 2012, and presumably you have not previously written to them as an appeal, but Parking Eye tends to use DCB Legal for cases it is less sure about winning.
« Last Edit: Today at 11:45:29 am by jfollows »

Please let me know if anyone needs anything else. Appreciate your help in advance.  :)


The original PCN?

Ok, I am still trying to locate the original PCN as it was over 4 years ago, hopefully I can find it  :'(