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#Post#: 57980--------------------------------------------------
Re: Dcbl private parking
DIR By: Sabab4321
Date: February 13, 2025, 10:43 am
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Good evening
I just received an email from dcblegal.
Please kindly advise on the next step
[attachment deleted by admin]
#Post#: 58001--------------------------------------------------
Re: Dcbl private parking
DIR By: b789
Date: February 13, 2025, 1:20 pm
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Report DCB Legal to HMRC of suspected VAT fraud, probably in the
£millions.
Respond with the following:
--- Quote ---
> Dear Sirs,
>
> You appear to be deliberately attempting to mislead me by
stating that the added sum is a "contribution to the actual
costs incurred by your Client as a result of non-payment."
>
> Please stop pretending this isn’t your own debt recovery fee,
which you keep rather than the parking operator. This ploy was
first introduced by Gladstones when they began marketing 'no
win, no fee' services to parking firms over a decade ago. This
was openly advertised in the IPC newsletter at the time, with
the first iteration being a £50 addition.
>
> This is your success fee, isn’t it?
>
> You are providing a VATable service to your client, so VAT
applies to this fee. It is not part of the parking charge and
has nothing to do with the so-called ‘work’ undertaken by one of
your rogue private parking clients. It is your fee—your share of
the spoils.
>
> So, I ask again: why am I expected to pay your client’s fee
for your VATable service, and why am I expected to pay the VAT
element when HMRC has ruled that VAT on such a service cannot be
passed onto a consumer because the service is provided to the
trader?
>
> If you are unable to understand this question, kindly pass the
file to someone with the intellectual capacity who does. I
expect a proper response, not a recycled template with grammar
that indicates the author has yet to graduate primary school,
trying to disguise this fee as anything other than what it is.
>
> I suggest you try again otherwise this suspected VAT fraud
will be reported to HMRC.
>
> Yours faithfully,
>
> [Your Name]
--- End Quote ---
Wait for the N1SDT Claim Form to arrive from the CNBC and then
show it to us. Only redact your personal info, the claim number
and the MCOL password.
#Post#: 58019--------------------------------------------------
Re: Dcbl private parking
DIR By: Sabab4321
Date: February 13, 2025, 2:45 pm
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Thank you, I will keep you posted
#Post#: 65741--------------------------------------------------
Re: Dcbl private parking
DIR By: Sabab4321
Date: April 5, 2025, 5:59 am
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Good afternoon
I just received N1SDT Claim form with the other N9 parks.
I will appreciate your advise on the next step
Thank you all
[attachment deleted by admin]
#Post#: 65757--------------------------------------------------
Re: Dcbl private parking
DIR By: b789
Date: April 5, 2025, 7:02 am
---------------------------------------------------------
Did you ever get a response to your response? You may feel
emboldened and some schadenfreude when you read this story:
Parking firm told to pay £10k in five-minute rule row
HTML https://www.bbc.co.uk/news/articles/c2040xy9yn6o
With an issue date of 2nd April, you have until 4pm on Monday
21st April to submit your defence. If you submit an
Acknowledgement of Service (AoS) before then, you would then
have until 4pm on Tuesday 6th May to submit your defence.
If you want to submit an AoS then follow the instructions in
this linked PDF:
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
Otherwise, here is the defence and link to the draft order that
goes with it. 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 combine both documents as a single PDF
attachment and send as an attachment 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#: 65759--------------------------------------------------
Re: Dcbl private parking
DIR By: Sabab4321
Date: April 5, 2025, 7:06 am
---------------------------------------------------------
Thank you so much
I will keep you posted
#Post#: 67710--------------------------------------------------
Re: Dcbl private parking
DIR By: Sabab4321
Date: April 19, 2025, 5:42 am
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Good day wonderful people
Please I received a letter from the court this morning and a
copy is attached.
Just keeping the house updated.
Thank you for all you do
[attachment deleted by admin]
#Post#: 67814--------------------------------------------------
Re: Dcbl private parking
DIR By: Sabab4321
Date: April 19, 2025, 11:25 pm
---------------------------------------------------------
Please any advice on what I should say if they call or should I
ignore their calls
Thank you
#Post#: 67819--------------------------------------------------
Re: Dcbl private parking
DIR By: b789
Date: April 20, 2025, 12:56 am
---------------------------------------------------------
If who calls?
You are now waiting for the claimants acknowledgment of your
defence and their intention to proceed. This is usually
accompanied with a copy of their N180 Directions Questionnaire
(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#: 67821--------------------------------------------------
Re: Dcbl private parking
DIR By: Sabab4321
Date: April 20, 2025, 2:00 am
---------------------------------------------------------
Ok thank you so much
I was referring to the call mentioned in the letter attached
from excel to try to settle out of court
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