Free Traffic Legal Advice

Driver received a CLAIM FORM. I don't know how to attach the copy of the letters. It's from Smart Parking Limited and DCB Legal Limited is acting on their behalf. I'm beside myself. Please advise!!!

Yes it is related to my very first post however I struggle navigating this site and can't remember how to attach photos. I am very worried what is going to happen now. Will appreciate advice on this. Happy to give my email if it's easier to communicate.

Stop panicking. You will not be paying penny to (not so) Smart, if you cal down and follow the advice and answer the questions.

What is the issue date on the N1SDT Claim form? Once you give us that, I can give you the advice and deadlines on how how to defend it.

With an issue date of 28th October you have until 4pm on Monday 17th November to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Monday 1st December 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. 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 PD 16, para 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 PoC do not adequately 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 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 materially 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 PD 7C, para 5.2, but chose not to do so.

AND upon the Court determining, having regard to the overriding objective (CPR 1.1), that it would be disproportionate to direct further pleadings or to allot any further share of the Court’s resources to this claim (for example by ordering further particulars of claim and a further defence, with consequent 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 7 days after service of this order, failing which no such application may be made.

- Does the driver need to fill out the Claim Form? If so, which part as there are 4 pages.

The person who responds to the claim is whoever the claim is addressed to. It will likely have been sent to the registered keeper of the vehicle, who we assume is you. You do not fill out any of the paper forms.

- Is it necessary to fill out the AOS? Or can the driver skip that?

No, if you're content to just go straight to filing the defence you can skip the AoS.

-Does the driver copy and paste your quote on page 4 of the Claim Form (please see the attachments) where it says at the bottom of the page, N9B?

You do not complete the paper form. The front of the claim form includes details on how to register online for the Money Claim Online service (MCOL). Follow those instructions and submit your defence on the online form.

-What does MCOL and CNBC stand for?
Sorry for so many questions but this is much harder than I thought. 

MCOL = Money Claim Online (the online portal for responding to such court claims)

CNBC = Civil National Business Centre (the office responsible for the administration of civil Court claims, before they get allocated to a specific court)

Given that you're neither an organisation nor a solicitor, but you are an individual, I'd go with Individual.

On the bottom right of the N1SDT Claim Form, where it says "Important Note", you MCOL password is there. As you haven't bothered redacting it, I will give it to you here anyway:

TXP38WAe

It is useless to anyone else as long as they do not have access to your government gateway.