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#Post#: 132509--------------------------------------------------
Re: Advice on Claim Form - DCB Legal Ltd
DIR By: Majic3x
Date: October 9, 2026, 5:22 am
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--- Quote from: DWMB2 link ---
>
> Please be patient, this is a busy forum run entirely by
volunteers. Sometimes replies will take a few days.
>
> If you can show us what you have drafted so far, this would be
useful. You have hopefully been able to find some other defences
by browsing the forum and use these for some inspiration. It
would be useful to see some of the other information that the
'READ THIS FIRST' post asks you to provide.
>
> Your defence should respond to the allegations in the
particulars of claim. "There wasn't anywhere else to park" isn't
a particularly strong defence - so it would be good to know how
the charges came about, what steps you took to resolve the
matter before it progressed to court, what your employer has
said about the matter, etc.
>
> DCB Legal do often discontinue when a good defence is
submitted, but the high value of this claim might tempt them...
>
--- End Quote ---
Thanks for your reply and advice.
I haven't drafted a defence yet as I've no experience with this,
but I've been looking through similar cases on the forum.
For some background, I was working as a doctor at the hospital
during the period in question, including daytime and overnight
on-call duties. Staff parking permits were oversubscribed and I
wasn't able to obtain one. The designated staff parking spaces
were also generally occupied. The charges arose from parking
while attending work.
I didn't appeal the original tickets or contact the hospital or
parking company about them at the time.
I appreciate that the parking circumstances aren't necessarily a
defence in themselves, but I'm wondering whether the hospital
employment and on-call arrangements might have any relevance.
Looking at the Particulars of Claim, the eight charges are
grouped together, referring only to "various sites" and a broad
date range, without identifying the individual dates, locations
or alleged breaches. Would this be worth challenging, along with
the £1,200 claimed for the eight tickets?
My understanding is that the defence deadline is Monday 12
October, so I'm conscious that time is short.
Any pointers on what I should focus on would be much
appreciated. Thanks again.
#Post#: 132510--------------------------------------------------
Re: Advice on Claim Form - DCB Legal Ltd
DIR By: jfollows
Date: October 9, 2026, 5:25 am
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HTML https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16#16.4<br
/> says
--- Quote ---
> Contents of the particulars of claim
> 16.4
> (1) Particulars of claim must include—
> (a)a concise statement of the facts on which the claimant
relies;
> (b)if the claimant is seeking interest, a statement to that
effect and the details set out in paragraph (2);
> (c)if the claimant is seeking aggravated damages(GL) or
exemplary damages(GL), a statement to that effect and the
grounds for claiming them;
> (d)if the claimant is seeking provisional damages, a statement
to that effect and the grounds for claiming them; and
> (e)such other matters as may be set out in a practice
direction.
> (2) If the claimant is seeking interest they must—
> (a)state whether they are doing so—
> (i)under the terms of a contract;
> (ii)under an enactment and, if so, which; or
> (iii)on some other basis and, if so, what that basis is; and
> (b)if the claim is for a specified amount of money, state—
> (i)the percentage rate at which interest is claimed;
> (ii)the date from which it is claimed;
> (iii)the date to which it is calculated, which must not be
later than the date on which the claim form is issued;
> (iv)the total amount of interest claimed to the date of
calculation; and
> (v)the daily rate at which interest accrues after that date.
--- End Quote ---
so definitely worth challenging in part in your defence if they
don’t do this.
The other aspect of your defence could be based on the original
notices from Parking Eye, but I presume you don't have these
because they're not posted here. Parking Eye is reasonably
compliant with the requirements of the legislation to transfer
liability from the driver to the registered keeper if the former
has not been identified.
Hospitals tend to contract out parking and have little to do
with it when they do. Parking Eye will collect the money paid
for parking and hand it over to the hospital, who will have to
cater for VAT, but Parking Eye gets pretty much carte blanche to
pursue anyone breaking its rules, based on the driver reading
the signs and entering into a contract. This is usually the only
money Parking Eye gets, it won't get a fee for managing the car
parks and will hand over all the money collected. So I'm not
sure how hospital terms of employment would apply here - unless
there is some kind of explicit statement.
#Post#: 132614--------------------------------------------------
Re: Advice on Claim Form - DCB Legal Ltd
DIR By: Majic3x
Date: October 10, 2026, 7:32 am
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Thanks again for the advice so far.
I've now put together a draft defence, along with a proposed
draft order, based on some similar cases I've found.
I've focused mainly on the lack of detail in the Particulars of
Claim, but also included a couple of points regarding
contractual liability and the amounts claimed.
I'd really appreciate it if someone could have a look and let me
know whether anything needs changing or strengthening before I
submit it.
I'm conscious that my deadline is Monday 12 October, so any
feedback would be greatly appreciated.
Both drafts are below. Many thanks!
------
DEFENCE
# IN THE COUNTY COURT
**Claim No:** [CLAIM NUMBER]
**Between:**
[CLAIMANT] — Claimant
and
[DEFENDANT] — Defendant
# DEFENCE
1. The Defendant denies liability for the claim in its entirety.
The Defendant asserts that no debt is owed to the Claimant. The
claim is without merit and does not disclose a sufficiently
particularised 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 comply with CPR
16.4.
3. The Defendant is unable to plead properly to the PoC because:
(a) The alleged conduct by which the contract was formed is
not sufficiently detailed 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 state with sufficient particularity
exactly where each alleged breach occurred, the exact date and
time when each breach occurred and how long it is alleged that
the vehicle was parked before each parking charge was allegedly
incurred. The eight alleged contraventions are grouped together,
referring only to "various sites" and a broad date range between
09/05/2023 and 17/10/2023;
(d) The PoC do not state exactly how the sum claimed is
calculated in respect of each individual PCN, including the
basis for any damages or additional charges;
(e) The PoC do not state what proportion of the £1,200
claimed represents the original parking charges and what
proportion represents damages or other charges, nor do they
explain how the stated daily interest rate of £0.13 has been
calculated;
(f) The PoC pursue the Defendant as the driver or,
alternatively, as the keeper of the vehicle, without
sufficiently particularising the factual basis of the alleged
liability in respect of each parking charge.
4. The Claimant, who is legally represented, could have complied
with CPR 16.4 had it served separate detailed Particulars of
Claim [as it could have done pursuant to CPR PD 7C.5.2(2)] but
it chose not to do that.
5. Further, the Defendant does not admit that an enforceable
parking contract arose on each alleged occasion, or that any
identified contractual term was breached. The Claimant is
required to prove the contractual terms and signage in force at
each location, that the terms were adequately brought to the
driver's attention, the alleged breaches and the Claimant's
authority to enter into and enforce such contracts.
6. The Defendant disputes the sum claimed, including any
additional damages or debt recovery charges insofar as these
exceed the original parking charges and are not legally
recoverable. The Claimant is required to establish the
contractual or legal basis for such additional sums and the
calculation of the interest claimed.
7. The Defendant submits that, in accordance with the overriding
objective, the court should consider it disproportionate to
allot to this case any further share of court resources by
ordering further PoC and a further defence, each of which may
require further referrals to the judge for case management.
8. The correct course of action is for the court to strike out
the claim under CPR 3.4 due to the legally represented
Claimant's clear and material failure to comply with CPR 16.4.
The rules exist to ensure fairness, and the Claimant's
non-compliance should not be overlooked.
9. However, in the event that the court does not agree to strike
out the claim for the Claimant's failure to comply with CPR
16.4, the Defendant has attached to this defence a proposed
draft order which the Defendant invites the allocating judge to
consider, so that the Defendant can know and understand the case
which they face and respond properly to the claim, with
permission to amend the defence accordingly.
## 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:** ______________________
-----
PROPOSED DRAFT ORDER
# IN THE COUNTY COURT
**Claim No:** [CLAIM NUMBER]
**Between:**
[CLAIMANT] — Claimant
and
[DEFENDANT] — Defendant
# PROPOSED 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
there is a lack of precise detail in the Particulars of Claim in
respect of the factual and legal allegations made against the
Defendant such that the Particulars of Claim do not comply with
CPR 16.4.
**It is Ordered that:**
**1.** Unless the Claimant does, within 14 days of service of
this order, file at court and serve on the Defendant further
Particulars of Claim which comply with CPR 16.4 and which set
out:
(i) the precise and concise factual allegations it makes against
the Defendant; and
(ii) the factual or legal [or both] basis of its claim; and
(iii) exactly how its claim is calculated (if there is a claim
for a fixed sum);
then the claim shall be struck out.
**2.** For the avoidance of doubt the further Particulars of
Claim must:
(a) refer to and have attached to them (clearly marked "A")
copies of the signage and contractual terms relied upon as
forming the contract (or contracts) between the Claimant and
Defendant;
(b) set out the exact wording of the clause (or clauses) of the
terms and conditions of the contract (or contracts) which is (or
are) relied on;
(c) have attached to them (clearly marked "B") a copy of each of
the Parking Charge Notices (PCNs) which forms the basis of this
claim;
(d) state by what method each of the PCNs was first brought to
the attention of the Defendant. For example, attaching it to the
Defendant's vehicle or sending it by post;
(e) in respect of each alleged breach of contract, set out the
reason (or reasons) why the Claimant asserts that the Defendant
was in breach of contract;
(f) in respect of each alleged breach of contract, set out (i)
the full postal address of where the breach took place and (ii)
the precise date and time of the alleged breach and (iii)
exactly how long it is alleged that the vehicle was parked
before the parking charge was incurred;
(g) state, in respect of each PCN sued on, whether the claim is
(or is not) brought under the Protection of Freedoms Act 2012;
(h) in respect of each alleged breach of contract, state whether
the Defendant is sued as the driver of the vehicle or the keeper
of the vehicle;
(i) where the Claimant relies on alternative bases of liability
as driver or keeper, specify the factual and legal basis for
each in respect of each PCN;
(j) state what amount of the claim is for non-payment of the PCN
(or PCNs) and what amount is for additional damages, charges or
costs;
(k) explain the factual or legal (or both) basis of the claim
for any amount claimed which is not for non-payment of the PCN
(or PCNs);
(l) set out a precise calculation of the claim for statutory
interest up to the date of issue, including the date interest
started running, and explain the calculation of the daily
interest rate claimed thereafter.
**3.** The Defendant shall have permission to file and serve an
amended Defence within 14 days of service of the further
Particulars of Claim.
**4.** Permission to either party to apply to set aside, vary or
stay this order by an application on notice within 7 days of
service of this order, unless the Court directs otherwise.
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