Author Topic: Small Claims Court Letter from DCB Legal  (Read 1921 times)

0 Members and 89 Guests are viewing this topic.

Small Claims Court Letter from DCB Legal
« on: »
Hello
I received a small claims court letter initiated by dcb legal. I replied the letter and filed with the courts denying the claim

I have received the following email from dcb legal 👇🏼

Good Morning

Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.

If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

 

Kind Regards,

Litigation Support

DCB Legal Ltd

 

Tel: 0203 838 7038 | DX 23457 Runcorn

Please advise me on fighting this claim

Share on Bluesky Share on Facebook


Re: Small Claims Court Letter from DCB Legal
« Reply #1 on: »
Please read https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ and post what you have received, although we’re pretty familiar with DCB Legal here.

More importantly, what’s your back story? What happened before the latest letter? What defence did you submit? What company is taking you to court, and why?
« Last Edit: September 15, 2025, 05:14:42 pm by jfollows »

Re: Small Claims Court Letter from DCB Legal
« Reply #2 on: »
Your next step will be to file your own Directions Questionnaire:
Quote
Having received your own 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.

Re: Small Claims Court Letter from DCB Legal
« Reply #3 on: »
Hello everyone

This was my defence below 👇🏼

IN THE COUNTY COURT BUSINESS CENTRE

CLAIM NO: M9KF4K6G
BETWEEN:
SMART PARKING LIMITED (Claimant)
and
(Defendant)


DEFENCE

1. Introduction
  The Defendant denies liability for the entirety of the claim. The Claimant has no legal basis to pursue this charge, which was cancelled in 2021 after proof of authorised parking was provided.

The Defendant  denies liability for the entirety of the claim brought by Smart Parking Limited ("the Claimant") for the following reasons:

2. Permission to Park Granted
  · On 01/08/2021 and 03/08/2021, the Defendant was explicitly granted permission by the reception desk at St Martins Place to park his vehicle (SA15WMC) in front of the building while moving furniture into Apartment 309.
  · The reception staff assured the Defendant that no parking charge would apply as he was lawfully offloading belongings.
  · The Defendant relied on this assurance and had no reason to believe any contravention occurred.

Key Defence Points
  (a) Express Permission Granted (Negating "Unauthorised Parking")
  · On 1 August 2021 and 3 August 2021, the Defendant parked at Park Regis Drop-Off with explicit permission from St Martins Place reception staff.
  · The purpose was legitimate: offloading furniture into Apartment 309.
  · Reception staff assured the Defendant this parking was authorised and no charge would apply.
  (b) Charge Was Cancelled (Reasonable Reliance)
  · When initial PCNs were received, the Defendant contacted St Martins Place reception.
  · Staff confirmed the charges were cancelled due to the permission granted.
  · The Claimant’s 4-year delay in reviving the claim is prejudicial and abusive.
  (c) No Breach of Contract (Signs vs. Actual Authority)
  · The Claimant’s signs cannot override express permission given by the site’s authorised staff.
  · The Defendant did not see/agree to any terms imposing £100+ penalties (Vine v Waltham Forest LBC [2000]).
  (d) POFA 2012 Non-Compliance (Keeper Liability Invalid)
  · The Claimant has provided no evidence of complying with Schedule 4 of POFA 2012, including:
    · Serving a valid "Notice to Keeper" within 14 days of the alleged contravention.
    · Including mandatory POFA wording in correspondence.
  (e) Excessive and Unenforceable Charge (Penalty Rule)
  · £340 is disproportionate to any loss (parking was free/unmonitored).
  · "Damages" and 8% interest are not recoverable under contract law (ParkingEye v Beavis [2015]).
3. Abuse of Process
  · Pursuing a claim 4 years later after cancellation assurance violates the Defendant’s right to a fair trial (CPR 1.1).
  · DCB Legal has no cause of action given the prior cancellation.
4. Defendant’s Request
  The Court is asked to:
  · Strike out the claim in its entirety under CPR 3.4.
  · Award the Defendant’s costs for defending this claim.
« Last Edit: September 16, 2025, 10:13:04 pm by Moyo »

Re: Small Claims Court Letter from DCB Legal
« Reply #4 on: »
I parked my car in front of the building while I was moving furniture into the apartment I was leasing

Re: Small Claims Court Letter from DCB Legal
« Reply #5 on: »
Not a bad defence. I am not sure why you wanted to publicise your name, but that's your choice.

The odds of this ever getting as far as a hearing are less than 1%. Later in the process, your case will be transferred to your local court where directions will be ordered giving a hearing date and deadlines for the claimant to pay the £27 trial fee and for submitting witness statements.

If DCB Legal don't discontinue just before they have to pay the trial fee, I'll eat my hat.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Small Claims Court Letter from DCB Legal
« Reply #6 on: »
😆thank you I had forgotten to remove my name. Thank you for pointing it out I have removed it now

Re: Small Claims Court Letter from DCB Legal
« Reply #7 on: »
There dcbl has been calling several times asking me to negotiate with them and make a payment arrangements

Re: Small Claims Court Letter from DCB Legal
« Reply #8 on: »
There dcbl has been calling several times asking me to negotiate with them and make a payment arrangements
Block the number if you can.

Re: Small Claims Court Letter from DCB Legal
« Reply #9 on: »
Do I need to complete the section on mediation or just leave it blank on N180?
« Last Edit: October 07, 2025, 12:09:18 pm by Moyo »

Re: Small Claims Court Letter from DCB Legal
« Reply #10 on: »
Do I need to complete the section on mediation or just leave it blank ?
Section A in the N180 tells you that mediation is mandatory, I think. Do not leave blank.

Quote
A. Settlement/Mediation
Under the Civil Procedure Rules parties should make every effort to settle
their case. At this stage you should still think about whether you and the
other party(ies) can settle your dispute without going to a hearing.
You may seek to settle the claim either by direct discussion with the
other party or by private or court mediation. If settlement is reached,
parties may enter into a binding agreement which can be enforced if the
terms of the agreement were to be breached.
Mediation is a way of resolving disputes without a court hearing, where
the parties are assisted in resolving their dispute with the help of an
impartial mediator. Mediation is usually carried out by telephone in one
hour time limited appointments.
As part of your case, HMCTS will provide a free, confidential Small
Claims Mediation Service. For all money claims for £10,000 or less,
parties are required to attend a mediation appointment organised by the
Small Claims Mediation Service.
If you do not attend mediation, you may be subject to penalties.
These could include the Judge ordering you to pay costs, or the Judge
automatically ruling in favour of the other party(ies).
If the claim is settled at this stage the parties can avoid further court
fees, costs and time involved in preparing and attending a hearing. If you
are unable to reach agreement with the other party at mediation, the
claim will proceed to a small claims hearing.
You can get more information about mediation from www.gov.uk.

Search the forum for “mediation” if you want to know what to expect.
« Last Edit: October 07, 2025, 02:39:31 pm by jfollows »

Re: Small Claims Court Letter from DCB Legal
« Reply #11 on: »
Thank you