Free Traffic Legal Advice

Let us know when you have completed the AoS and we will provide the defence and draft order to go with it which will be submitted as PDF attachments to an email.

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".

According to discussions on ftla.uk, the majority of cases involving DCB Legal do not proceed to a court hearing. Users have reported that DCB Legal often discontinues claims before the hearing stage, particularly when a robust defence is presented. For instance, in one case, a user noted that DCB Legal discontinued their claim just before a fee was due, suggesting a pattern of withdrawal when faced with strong opposition. Another user mentioned that DCB Legal typically discontinues claims before any hearing, especially if the defence is solid. This trend indicates that while DCB Legal initiates many claims, they often do not follow through to a court hearing, especially when defendants actively contest the claims.

1. The Defendant denies any liability for this claim. The allegation that the vehicle was on site in excess of the paid-for time or parked without making a valid payment is refuted.

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 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. However, the Defendant is, in fact, the hirer of the vehicle. The Claimant should not be permitted to plead alternative causes of action without accurately identifying the correct legal status of the Defendant.

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.