3. Euro car park (DCB) - no parking ticket - Blackburn College
« previous next »
Pages: [1] 2

Author Topic: Euro car park (DCB) - no parking ticket - Blackburn College  (Read 1092 times)

0 Members and 1649 Guests are viewing this topic.

Euro car park (DCB) - no parking ticket - Blackburn College
« on: »
Date of occurrence:
26/02/22
Date of PCN:
03/03/22
Date of CNBC:
29/10/24

Summary:
Received a CNBC claim form for not paying for a parking ticket. Require advice on next steps.

Details:
We went swimming at the local college during a weekday. They normally tell you to type in your number plate at the reception to register for free parking. However, this particular time they didn’t.

After I got the PCN fine via post, I asked the reception lady why they hadn’t asked us to register the VPN like they normally do. They said it’s because the car park is only for permit holders 9-5pm on weekdays.

I was, annoyed as this process is poorly setup for human error, especially if you’re always using the facility for free on the weekend. They said they couldn’t do anything about it.

Since then, all correspondence have been ignored as they’re asking for an extortionate amount.


CNBC claim form:
https://imgur.com/a/8TqlIGN

PCN:
https://imgur.com/a/DXLDNC4

Parking sign:
https://imgur.com/a/ncs4dzE

My thoughts:
From reading previous threads, I think I need to complete an AoS, and then draft a defence statement? I’m not sure which defence argument to use.
« Last Edit: November 01, 2024, 02:39:30 pm by Brfc_93 »
Logged

Share on Bluesky Share on Facebook

Re: Euro car park (DCB) - no parking ticket - Blackburn College
« Reply #1 on: »
Easy one to sort. With an issue date of 29th October, you have until 17th November to file your Acknowledgement of Service.

Follow the instructions in this PDF to submit the AoS:

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

There is nothing to be gained by delaying the AoS. Once the AoS has been submitted, you then have until 4pm on Monday 2nd December to file a defence.

Let us know when you've filed the AoS and we'll provide a defence and draft order you can send.
« Last Edit: November 01, 2024, 05:09:52 pm by b789 »
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Euro car park (DCB) - no parking ticket - Blackburn College
« Reply #2 on: »
@b789 thanks mate, I have now submitted the AoS. (I think it’s now a wait for their reply)
Logged
Re: Euro car park (DCB) - no parking ticket - Blackburn College
« Reply #3 on: »
You won't get a "reply" to the AoS. You now have until 4pm on Monday 2nd December to file a defence. That's over 4 weeks away.

Remind me here in a few days to put yours together for you. I need a weekend off!
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Euro car park (DCB) - no parking ticket - Blackburn College
« Reply #4 on: »
Much appreciated.

Enjoy your weekend off!
Logged
Re: Euro car park (DCB) - no parking ticket - Blackburn College
« Reply #5 on: »
Hi @b789, did you have any luck putting together the defence?
Logged
Re: Euro car park (DCB) - no parking ticket - Blackburn College
« Reply #6 on: »
Use the following for your defence and attach the draft order that is linked below and then attach both as pdf files to an email addressed to claimresponses.cnbc@justice.gov.uk and CC in yourself. Make sure the claim number is in the email subject field. In the body of the email put "Please find attached the defence and a draft order in the matter of [clamant name] v [your name] Claim no.: [claim number]".

You only need to edit the defence with the claimant name (as it is on the claim form), your full name, the claim number and then sign it by typing your full name for the signature and dating it.

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

BETWEEN:

[Claimant's Full Name]

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 (or contracts) which is/are relied on;

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

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

(g) 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: Euro car park (DCB) - no parking ticket - Blackburn College
« Reply #7 on: »
Finally got round to sending this off today. An automated message was forwarded saying they’ll respond within 10 days. I’ll keep this thread updated.
Logged
Re: Euro car park (DCB) - no parking ticket - Blackburn College
« Reply #8 on: »
Hello,

So DCB legal have finally got back to me via post.

In summary, they have said the client intends to proceed with the claim and to get in touch within 7 days to discuss settlement.

Am I right to think I should just ignore this?

[ Guests cannot view attachments ]
Logged
Re: Euro car park (DCB) - no parking ticket - Blackburn College
« Reply #9 on: »
All standard stuff. They have included a copy of their N180DQ. Just file it.

You will receive your own through the post from the CNBC. 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.
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Euro car park (DCB) - no parking ticket - Blackburn College
« Reply #10 on: »
Hello, is it normal for DCB to contact us asking to settle? They raised questions as to why they think I’m not liable to pay the fine.
Logged
Re: Euro car park (DCB) - no parking ticket - Blackburn College
« Reply #11 on: »
Quote from: Brfc_93 on March 12, 2025, 12:24:40 pm
Hello, is it normal for DCB to contact us asking to settle? They raised questions as to why they think I’m not liable to pay the fine.
Yes, it is normal for them to try and settle. You can haggle with them all the way down to £25, but why would you when they will discontinue anyway? Why do you think they want to settle if they think they have such a strong case? (they don't).
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Euro car park (DCB) - no parking ticket - Blackburn College
« Reply #12 on: »
Thanks, got a mediation setup for 25th March off the back of the N180Q. Is there anything in particular I have to prep?
Logged
Re: Euro car park (DCB) - no parking ticket - Blackburn College
« Reply #13 on: »
Is the mediation where you haggle?
Logged
Re: Euro car park (DCB) - no parking ticket - Blackburn College
« Reply #14 on: »
Quote from: Brfc_93 on March 20, 2025, 10:31:26 am
Is the mediation where you haggle?
Only if you plan to pay them something, which I'm hoping you do not.

You set out in that meeting that you stand by the contents of your defence, that you do not believe you owe them anything, and that accordingly you are not willing to offer them anything.
Logged
Pages: [1] 2
« previous next »
  3. Euro car park (DCB) - no parking ticket - Blackburn College