3. private parking ticket claim form received
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private parking ticket claim form received
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I have received a claim form and after reading and using the advice from these forums I downloaded defence form and draft order etc. However I am having trouble responding the online portal gives a text box for the defence which is limited to 122 lines. I do not have an option for uploading a PDF.  How do I go about submitting this defence? If it is via post will they accept the documents if they are attached rather than in the exact boxes?


Thank you for any help, greatly appreciated
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Re: private parking ticket claim form received
« Reply #1 on: »
DO NOT use the MCOL to submit your defence!!!!! Your defence will be submitted as a pdf file attached to an email.

Please show us the N1SDT Claim Form including the Particulars of Claim (PoC), the claimant, their representative (if they're using one) and the issue date of the Claim.

Depending on the PoC, the defence may need to be tweaked.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: private parking ticket claim form received
« Reply #2 on: »
Thank you for your response,

I have attached a picture of the letter received.


Thank you again for any help and advice 

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Re: private parking ticket claim form received
« Reply #3 on: »
CEL normally conduct their own litigation if they think they have a chance. If they've referred it to DCB Legal, they know they don't have a chance. DCB Legal will eventually discontinue.

Here is the defence and the draft order. You only need to edit your name, the claim number and sign the defence by typing your full name for the signature. There is nothing to edit in the draft order. When done, save them as PDF files and attach them to an email addressed to claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim number must appear in the email subject field and in the body of the email put "Please find attached the defence and draft order in the matter of Civil Enforcement ltd. v [your full name] Claim No.: [claim number]".

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:/quote]

Draft Order for the defence
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: private parking ticket claim form received
« Reply #4 on: »
Hi, I have heard back and received a notice of proposed allocation to small claims track.

Do I need to complete the n180 form?

Thank you for your help
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Re: private parking ticket claim form received
« Reply #5 on: »
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.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: private parking ticket claim form received
« Reply #6 on: »
Hi I now have had contact to give me a mediation appointment. I’m not sure what to expect or say. Would anybody be able to give me any idea?

Thanks you
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Re: private parking ticket claim form received
« Reply #7 on: »
As little as possible.

Mediation is now mandatory, but the person running the call isn’t a judge or even a magistrate.

You make it clear that you’re not prepared to offer anything and the call will be over. The process box will be ticked.
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Re: private parking ticket claim form received
« Reply #8 on: »
It’s not part of the judicial process. No judge or solicitors involved. The only “mandatory” thing about is that you have to “attend” the call.

You offer £0 and it will be over in minutes. A complete waste of everybody’s time in cases like this.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: private parking ticket claim form received
« Reply #9 on: »
I know it’s last minute but I have received a letter to say that the claim is allocated to small claims and that it will be heard in county court on 25th of June.

Do I need to attend this hearing? Is there anything I should do before the hearing?
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Re: private parking ticket claim form received
« Reply #10 on: »
Please show us this letter, it should include some instructions (for both parties).

This being DCB Legal, it will likely still be discontinued, but if the hearing were to go ahead, you should definitely attend.
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Re: private parking ticket claim form received
« Reply #11 on: »
When did you receive this letter and are you sure it says 25th JUNE?

The court usually wants Witness Statements and bundles at least 14 days before the hearing. That letter would also say the date by which the claimant must pay the trial fee of £27.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: private parking ticket claim form received
« Reply #12 on: »
Thanks I’ve attached the letter

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Re: private parking ticket claim form received
« Reply #13 on: »
Here

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Re: private parking ticket claim form received
« Reply #14 on: »
Letter dated 16 April with court date of 25 June seems fine.
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