Free Traffic Legal Advice

Of course you shouldn’t pay this.

They are trying to frighten you into paying.

But you should post what you have received here, suitably redacted, and you will get advice.

If it’s the N1SDT form, then don’t bother posting all the other blank forms you were sent.

Also, please do your research, there are many cases documented on this forum and it is very likely that many of them are similar to your circumstances.

Hi, thank you for your quick response. I attach the Letter of Claim (two parts, first 4 pages here ). Please help me to fill it right. I much appreciate it . And if I may ask .. Can DCB be legal during the time of the claim, add some more hidden charges and admin fees? I guess I looked n You tube similar situation and young person at the stage of receiving that Letter of Claim decided to pay the full amount in 14 days , but when he called DCB Legal they charge him more than 270pounds.. They scared him, saying that he will have bad credit scoreif he wont pay some of their extra fees ( not sure for what ) . In total, he paid 430 when the letter clearly shows around 270. Thank you

You don't "fill in" anything on those forms!!! You can discard everything that came in the claim pack except the N1SDT Claim Form with the Particulars of Claim (PoC).

With an issue date of 21st August you have until 4pm on Tuesday 9th September to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Tuesday 23rd September to submit your defence.

You only need to submit an AoS if you need extra time to prepare 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

Until very recently, we never advised using the MCOL to submit a defence. However, due to recent systemic failures within the CNBC, we feel that it is safer to now submit a short defence using MCOL as it is instantly submitted and entered into the "system". Whilst it will deny the use of some formatting or inclusion of transcripts etc. these can always be included with the Witness Statement (WS) later, if it ever progresses that far.

You will need to copy and paste it into the defence text box on MCOL. It has been checked to make sure that it will fit into the 122 lines limit.

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 adequately comply with CPR 16.4.

3. For the avoidance of doubt, even if the phrase “Vehicle not permitted & grace period exceeded” were taken to be a minimal compliance with CPR 16.4(1)(a), the PoC remain defective. The Defendant is unable to plead properly to the PoC because:

(a) The claim is put on a contractual footing but no written terms are pleaded or exhibited, contrary to CPR PD 16.7.3(1);

(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 pleaded bases are internally inconsistent (“vehicle not permitted” vs “grace period exceeded”): either parking was prohibited (no contractual offer) or it was permitted subject to terms; it cannot be both.;

(d) No period of parking is pleaded, nor facts explaining how any breach is said to have occurred (a timestamp alone is insufficient);

(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 submits that courts have previously struck out similar claims of their own initiative for failure to adequately comply with CPR 16.4, particularly where the Particulars of Claim failed to specify the contractual terms relied upon or explain the alleged breach with sufficient clarity.

5. In comparable cases involving modest sums, judges have found that requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, strike-out was deemed appropriate. 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 due to the Claimant’s failure to adequately comply with CPR 16.4, rather than permitting an amendment. The Defendant proposes that the following Order be made:

Draft Order:

Of the Court's own initiative and upon reading the particulars of claim and the defence.

AND the court being of the view that the particulars of claim do not adequately comply with CPR 16.4(1)(a) because: (a) they do not set out the exact wording of the clause (or clauses) of the terms and conditions of the contract which is (or are) relied on; and (b) they do not adequately set out the reason (or reasons) why the claimant asserts that the defendant was in breach of contract.

AND the claimant could have complied with CPR 16.4(1)(a) had it served separate detailed particulars of claim, as it could have done pursuant to CPR PD 7C.5.2(2), but chose not to do so.

AND upon the claim being for a very modest sum such that the court considers it disproportionate and not in accordance with the overriding objective to allot to this case any further share of the court's resources by ordering further particulars of claim and a further defence, each followed by further referrals to the judge for case management.

ORDER:

1. The claim is struck out.

2. Permission to either party to apply to set aside, vary or stay this order by application on notice, which must be filed at this Court not more than 5 days after service of this order, failing which no such application may be made.

As you don’t need any extra time, then just submit the defence.

And, of course, I will keep you informed about what happens next.