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#Post#: 40012--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: _wooky_
Date: October 9, 2024, 10:27 am
---------------------------------------------------------
--- Quote ---
> 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.
--- End Quote ---
I've completed the AoS and received a confirmation.
#Post#: 40018--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: b789
Date: October 9, 2024, 10:47 am
---------------------------------------------------------
OK. So, plase confirm that the claimant is using DCB Legal as
their solicitor.
The only things weldon't need to see in the Claim form are your
personal details, the claim number, your MCOL password and the
VRM (which you haven't redacted, no biggie). Everything else is
OK to show.
UKPC is the claimant and are clients of DCB Legal who have
filed the claim for them? Correct?
#Post#: 40057--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: _wooky_
Date: October 9, 2024, 4:51 pm
---------------------------------------------------------
Yes, that is correct 👍
#Post#: 40078--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: b789
Date: October 9, 2024, 6:10 pm
---------------------------------------------------------
Here is the defence you should use. You only need to edit the
claimant name, your name, the claim number and then sign it by
typing your full name for the signature and also date it.
Below is also a link to the Draft Order which should also be
sent with the defence. Both documents must be saved as PDF files
which are attached to a single email addressed to
claimresponses.cnbc@ justice.gov.uk and CC in yourself. The
email subject must contain the claim number. In the body of the
email, just state that the defence and a draft order are
attached in the matter of [claimant name] v [your name] Claim
No.: [claim number].
--- Quote ---
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> [Claimant's Full Name]

> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> DEFENCE[/center]
>
>
> 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:
>
> [indent](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.[/indent]
>
> 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:
--- End Quote ---
Draft Order for the defence
HTML https://www.dropbox.com/scl/fi/z8zcqfdncdoajgj4ag6a4/short-defence-order.pdf?rlkey=at98xmfwj0ehi3w9d0ia15ogp&st=3rdnqlei&dl=0
#Post#: 40103--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: _wooky_
Date: October 10, 2024, 3:56 am
---------------------------------------------------------
Amazing! Thank you so much 🙏❤️
That's all done and sent off ✅
What usually happens next, out of interest?
Thanks again.
Pete
#Post#: 40106--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: b789
Date: October 10, 2024, 4:13 am
---------------------------------------------------------
Did you receive an auto-response from the CNBC? You must receive
the auto-response otherwise it hasn't been received by them.
The next thing will be a letter from the claimants solicitor
stating that they have received a copy of your defence, possibly
with a copy of their DQ form. Nothing for you to so.
Keep checking your MCOL history at least once a week to see when
they have sent your own N180 DQ. You can pre-empt this by
downloading your won here:
HTML https://assets.publishing.service.gov.uk/media/66a8b019ce1fd0da7b592f43/N180_0724.pdf
You can just complete it and have to ready for sending when you
get notice that yours has been sent by the CNBC. The actual one
is sent by post but you will be sending your completed one as a
PDF attachment by email to both the CNBC and the claimants
solicitor.
#Post#: 45937--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: _wooky_
Date: November 17, 2024, 3:59 pm
---------------------------------------------------------
Thanks for all your help so far 🙏❤️
My wife received the following in the post this weekend...
HTML https://imgur.com/CoDBVit
HTML https://imgur.com/JRQqw45
I have completed
HTML https://assets.publishing.service.gov.uk/media/66a8b019ce1fd0da7b592f43/N180_0724.pdf<br
/>following these guidelines 👇
--- Quote ---
> 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:
HTML https://www.find-court-tribunal.service.gov.uk/search-option
> F3: "1".
--- End Quote ---
In section E, 'About the mediation appointment' the form says,
"If you do not provide contact details for mediation, your
appointment may not take place, which could then result in
sanctions for non attendance."
Does that mean I should also complete that section?
#Post#: 45957--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: b789
Date: November 17, 2024, 7:25 pm
---------------------------------------------------------
Since May this year, it has been mandatory to “attend” a
mediation phone call. Provide your details.
When you get the call, just offer £0 and it will be over in
minutes. Mediation is not a part of the judicial process. There
is no judge or solicitor involved.
#Post#: 45959--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: _wooky_
Date: November 18, 2024, 12:27 am
---------------------------------------------------------
Thanks for your prompt reply. N180 DQ sent ✅
For my wife's peace of mind I asked ChatGPT...
“According to ftla.uk, do most cases concerning DCB Legal
actually go to hearing or not?”
It replied with…
--- Quote ---
> 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.
--- End Quote ---
Is that your experience?
(I also included the above to aid any future searches)
Thanks again 🙏❤️
#Post#: 45960--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: b789
Date: November 18, 2024, 1:50 am
---------------------------------------------------------
It is safe to say that in over 99% of all claims initiated by
DCB Legal, as long as they are defended, no matter how weak the
defence, they are discontinued before the trial fee is paid.
They rely on the gullibility and ignorance of their victims to
pay up once litigation starts. We only see a fraction of the
hundreds of thousands of claims issued by DCB Legsl every year.
We know their modus operandi.
They make a fortune out of the huge numbers of people that
simply pay up, it is not worth their effort to push all the way
to a hearing where they are likely to lose anyway. Issuing
claims is a “loss leader” for them.
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