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#Post#: 57373--------------------------------------------------
Re: dcbl parking charge letter
DIR By: jim1982
Date: February 10, 2025, 4:03 am
---------------------------------------------------------
So it is. Thanks for pointing that out.
Any advice on the fine in question would be much appreciated
#Post#: 57385--------------------------------------------------
Re: dcbl parking charge letter
DIR By: b789
Date: February 10, 2025, 5:08 am
---------------------------------------------------------
So, the Gladstones/Minster Baywatch Letter of Claim (LoC) has
nothing to do with this.
With a claim issue date of 4th February, you have until 23rd
February to submit an Acknowledgement of Service (AoS). To
submit the AoS, follow the instructions in this linked PDF:
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
By submitting an AoS, you then have until 4pm on Monday 10th
March to submit your defence.
If you don't want to bother with the AoS, then you can submit
this defence and draft order by 4pm on Friday 21st February. You
only need to edit your name and the claim number. You sign the
defence by typing your full name for the signature and date it.
There is nothing to edit in the draft order.
When you're ready you send both documents as PDF attachments in
an email to claimresponses.cnbc@justice.gov.uk and CC in
yourself. The claim number must be in the email subject field
and in the body of the email just put: "Please find attached the
defence and draft order in the matter of Excel Parking Services
Ltd v [your full name] Claim no.: [claim number]."
--- Quote ---
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> Excel Parking Services Ltd
> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> DEFENCE[/center]
>
> 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 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 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.[/indent]
>
> 4. The Defendant attaches to this defence a copy of a draft
order approved by a district judge at another court. The court
struck out the claim of its own initiative after determining
that the Particulars of Claim failed to comply with CPR 16.4.
The judge noted that the claimant had failed to:
>
> [indent](i) Set out the exact wording of the clause (or
clauses) of the terms and conditions relied upon;
>
> (ii) Adequately explain the reasons why the defendant was
allegedly in breach of contract;
>
> (iii) Provide separate, detailed Particulars of Claim as
permitted under CPR PD 7C.5.2(2).
>
> (iv) The court further observed that, given the modest sum
claimed, requiring further case management steps would be
disproportionate and contrary to the overriding objective.
Accordingly, the judge struck out the claim outright rather
> than permitting an amendment.[/indent]
>
> 5. 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 for the Claimant’s failure to comply with
CPR 16.4.
>
> 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/tcewefk7daozuje25chkl/Strikeout-order-v2.pdf?rlkey=wxnymo8mwcma2jj8xihjm7pdx&st=nbtf0cn6&dl=0
#Post#: 58933--------------------------------------------------
Re: dcbl parking charge letter
DIR By: jim1982
Date: February 19, 2025, 3:35 pm
---------------------------------------------------------
Hi,
I’d just like to make sure that responding to this claim via
email is the correct way? The email you have provided is not
offered on the claim form and the government website suggests i
should respond like for like.
I’m not suggesting anyone is wrong i just want to be totally
sure before I do it.
Cheers and I appreciate all the help.
#Post#: 58935--------------------------------------------------
Re: dcbl parking charge letter
DIR By: DWMB2
Date: February 19, 2025, 3:53 pm
---------------------------------------------------------
It is entirely acceptable to send your defence by email, and
indeed is preferable to using the MCOL system. This forum
advises on several of these cases each week.
The email address suggested is from here:
HTML https://www.find-court-tribunal.service.gov.uk/courts/civil-national-business-centre-cnbc
HTML https://www.find-court-tribunal.service.gov.uk/courts/civil-national-business-centre-cnbc
#Post#: 58956--------------------------------------------------
Re: dcbl parking charge letter
DIR By: b789
Date: February 19, 2025, 6:50 pm
---------------------------------------------------------
HTML https://i.imgur.com/UT1dAVv.jpeg
#Post#: 66074--------------------------------------------------
Re: dcbl parking charge letter
DIR By: jim1982
Date: April 8, 2025, 6:46 am
---------------------------------------------------------
Hi all, I submitted the defence as recommended.
Dcbl have now sent another letter. I also have numerous missed
calls from them.
[attachment deleted by admin]
#Post#: 66105--------------------------------------------------
Re: dcbl parking charge letter
DIR By: b789
Date: April 8, 2025, 8:36 am
---------------------------------------------------------
DO not take their calls. They only want to try and make you
settle. If you follow the advice here, you won't be paying a
penny to them.
I'm assuming that with the boilerplate letter you have shown us
was a copy of their N180 DQ.
Having received your own N180 (make sure it is not simply a copy
of the claimants 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.
HTML https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf
Here are the answers to some of the less obvious questions:
[indent]• 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".
• Sign the form by simply typing your full name for the
signature.[/indent]
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.
#Post#: 77097--------------------------------------------------
Re: dcbl parking charge letter
DIR By: jim1982
Date: June 18, 2025, 5:18 pm
---------------------------------------------------------
Could do with some help urgently please!
Received a text today about a mediation appointment tomorrow. It
seems they sent an email with an appointment on 03/06 which I
have just found in the junk email folder.
So, I’m not prepared for it. How should I proceed? The email
asks for confirmation of the person who is conducting the
mediation- I don’t know the answer to this. There’s also a form
with a few questions one of which I’m not sure how to answer,
what is the name of the person to whom you are delegating
authority?
Thanks in advance for your time.
#Post#: 77109--------------------------------------------------
Re: dcbl parking charge letter
DIR By: jfollows
Date: June 19, 2025, 12:33 am
---------------------------------------------------------
--- Quote from: jim1982 link ---
>
> Could do with some help urgently please!
>
> Received a text today about a mediation appointment tomorrow.
It seems they sent an email with an appointment on 03/06 which I
have just found in the junk email folder.
> So, I’m not prepared for it. How should I proceed? The email
asks for confirmation of the person who is conducting the
mediation- I don’t know the answer to this. There’s also a form
with a few questions one of which I’m not sure how to answer,
what is the name of the person to whom you are delegating
authority?
> Thanks in advance for your time.
>
--- End Quote ---
No preparation needed.
You’re not delegating to anyone else, are you?
You offer £0 and be done with it. End of mediation.
Lots of examples if you search this forum.
#Post#: 77130--------------------------------------------------
Re: dcbl parking charge letter
DIR By: b789
Date: June 19, 2025, 4:15 am
---------------------------------------------------------
Stop panicking! The mediation call is not part of the judicial
process. No judge involved. The mediator is not legally trained
and you simply tell that your defence is available to the
claimant and that you are prepared to offer £0 to settle. It
will be over in minutes and you can ignore anything the mediator
says that frightens you. It has no bearing on anything going
forward.
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