Author Topic: Parking Solutions LTD Claim was struck out in 2023 but now theysubmitted a DQ and I have received a mediation invite?  (Read 2296 times)

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I have absolutely 0 documentation and MCOL is useless and displays nothing just the info i provided

Let's see what the CNBC comes back with. You must understand that on the balance of probabilities, if you received some correspondence to your correct address and you responded to it, the fact that you are claiming that more than a single piece of correspondence was not sent or delivered, is not convincing.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

I have not changed address and i received the documentation to submit my dq and i submitted mine and i never received any further documentation after they informed me about the sanctions on the claimant.

We don't doubt that - this forum provides advice on the basis that those seeking advice are telling the truth (unless they give us good reason to doubt that). What I think b789 is suggesting, quite reasonably, is that a court will not just take you at your word, and one issue you may have is that the probability of so many letters not arriving, if they were sent to the correct address, is extremely low.

wow what a joke

Case reference: K8HM366E

Complaint reference: 68843546

Thank you for your complaint dated 4th February 2025. I'm sorry you've had cause to complain.

Having investigated

Upon receipt of your complaint I reached out to the Civil National Business Centre (CNBC) for clarification on the status on the case.

I can see an Order was issued on 26th September 2023, for Secure Parking Solutions Ltd to file a Directions Questionnaire with the Court within 7 days service of the Order (by 9th October 2023).

I can confirm the claimants Directions Questionnaire was received on 4th October 2023, this wasn't placed on file and the case was incorrectly struck out. This shouldn't have happened and I'm sorry for the confusion this has caused. The claim will continue as a defended claim.

The Claimant's solicitors chased this up with CNBC and on 27th January 2025 their Directions Questionnaire was accepted and the case was prioritised and has been referred to mediation as per standard process. Mediation between the parties has been scheduled for tomorrow (12th February 2025 between 3pm-5pm). If the case cannot be settled, it will come back to court and will be listed for a hearing at your local county court.

I'm sorry that the parties were not notified that the case had been re-opened and the circumstances why. I have fed this back to our Change Team for further review and to see what actions can be taken to ensure improvements are made.

Your mediation appointment

The mediation team will call you between the times stated so you should be available to take the call during this time. Mediation is a chance to settle the claim without the need to attend court and this is part of the civil claims process. All claims are subject to this step in the small claims process.

Your request for compensation

I'm sorry we won't be offering you compensation at this time. I've not found anything to suggest you've been financially disadvantaged during this time. I know this won't be the answer you were hoping, I hope the details above will explain my decision.

Once again, I'm sorry for the upset and inconvenience this has caused you.

If you're unhappy with my response

HMCTS operates a three stage Complaints Handling Procedure and if you're unhappy with the way I've handled your complaint please write to Ms N Hughes by replying to this email, requesting a review of your complaint with details of why you're not happy.

so now my question is how likely are they to take me to court, they want £270 from me i'm going to offer £100 at mediation do you think they will decline and take me to court?

Continue the complaint with Ms N Hughes. Your compensation request is not for financial loss but for the stress, anxiety and inconvenience this has caused.

Quote
Subject: Request for Review of Complaint – Case Reference: K8HM366E / Complaint Reference: 68843546

Dear Ms N Hughes,

I am writing to request a formal review of my complaint regarding the handling of Claim No: K8HM366E, as I am not satisfied with the response provided.

1. Failure to Notify Me of Case Reinstatement

The claim was struck out on 28/11/2023. However, I was not notified that the case had been re-opened until I received the formal complaint response. This failure to notify me of such a significant procedural step is unacceptable and has caused unnecessary distress and confusion. A litigant should not be left in the dark about the status of legal proceedings against them.

2. Procedural Irregularity and Lack of Due Process

The response states that the claimant filed a Directions Questionnaire (DQ) on 4th October 2023, but this was not placed on file, leading to the incorrect strike-out of the claim. However:

• If the case was mistakenly struck out, the claimant should have made an application for relief from sanctions under CPR 3.9. I should have been given an opportunity to object before any decision was made to reinstate the case.
• The claimant’s late DQ on 27th January 2025 was not filed within the timeframe set by the Order of 26th September 2023. Accepting a DQ nearly 16 months late is highly irregular and prejudicial to the defendant.
• The CNBC’s response states that the claim was “prioritised” and referred to mediation without informing me. This has denied me the chance to prepare properly, particularly as I was only notified the day before the scheduled mediation.

3. Unfair Refusal of Compensation

I formally request a reconsideration of my compensation request on the following grounds:

• The procedural failings have caused me unnecessary stress and inconvenience by suddenly reinstating a claim I believed had been dismissed.
• I was not notified of the reopening of the claim, and I have had to spend additional time dealing with a matter that should have been properly handled by the court in the first place.
• While I may not have suffered a direct financial loss, the mismanagement of this case has caused me avoidable distress and wasted my time. HMCTS has previously awarded compensation for administrative errors causing similar inconvenience.

Complaint Resolution Requested

I request that:

1. I receive a written explanation as to why the claimant’s DQ was accepted despite being filed so late and why I was not given the opportunity to challenge the reinstatement of the claim.
2. CNBC acknowledges the procedural failings and takes appropriate steps to ensure that defendants are notified immediately when a struck-out claim is reinstated.
3. My compensation request is reconsidered due to the stress, inconvenience, and time wasted because of the court’s errors.

I request that my complaint is escalated for further review and that I receive a full response addressing the concerns outlined above.

I look forward to your response.

Yours sincerely,

[Your Name]
[Your Contact Details]
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Who is the bulk litigator representing the claimant?

The only issue I see with the claim is that you "partly admitted" the claim with was not the correct thing to do. It is up to you to decide how liable you are based on what level of liability you admitted to.

Personally, I would never offer a penny to these scammers. In the event that this ever went all the way to an actual hearing and you lost, you would probably pay much less that the claim is for anyway.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

yeah unfortunately my first time dealing with this i just thought offering £100 to make the situation go away was the best option at the time, i will have the mediation call tomorrow and offer the same and hopefully they take it

they are claiming £270 for a couple of pence parking charge and i have no job or money so hopefully it does not go to court and i have to pay this or more

If you have no job or money, why are you going to offer a scammer £100? You have a very good chance of defending this, especially because of the procedural issues that the CNBC has caused. If you are eligible (most likely if you are unemployed and have no money) then you can even counterclaim at no cost.

If you are eligible for assistance with this, it would be worthwhile submitting an application to have the claim struck out in a summary judgment.

My advice, don't offer them a penny. Offer £0 and the mediation call will be over in minutes.

You haven't answered the important question I just asked... who is the claimants legal representative? This will further determine how strong you can go into getting this done and dusted without paying a penny, and if you're eligible for no application costs, a counterclaim for damages.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

How can i find this out? again i have 0 information, the first and only bit of information i have had about this is an email stating i have  a mediation call set up.

I sent that complaint too thanks.

I have been unemployed for a while but i don't claim any benefits

This potentially could not be true for me but after googling online DCB legal seems to be the company they use?

This is so frustrating i literally have no information or access to any MCOL is useless and provides 0 data either

After looking online some more i found someone else who has been chased for using this car park too and looks like DCB LEGAL

https://forums.moneysavingexpert.com/discussion/6534465/county-court-claim-form-by-secure-parking-solutions-ltd

I have asked a district judge for their opinion on your case. However, as this has been filed by DCB Legal, I suspect that they will eventually discontinue before they have to pay the hearing fee once this has been referred to your local county court.

For now, I advise to offer £0 at your mediation call. Do not discuss anything with the mediator especially your defence.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain