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#Post#: 71263--------------------------------------------------
Re: DCB Legal letter after PCN sent to wrong address - Colliers
Wood
DIR By: elderberrytree
Date: May 13, 2025, 8:17 am
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--- Quote from: DWMB2 link ---
>
> You may need to check your spam, some providers are prone to
miscategorising this site's emails.
>
--- End Quote ---
Thank you - haven’t found any so far. But will keep checking.
Would you mind clarifying - for the defence and draft order I’m
sending, is it okay to send it all online as advised? The paper
claim form I received only gives the paper option seemingly it
via the money claim online route. Many thanks!
#Post#: 71269--------------------------------------------------
Re: DCB Legal letter after PCN sent to wrong address - Colliers
Wood
DIR By: DWMB2
Date: May 13, 2025, 8:38 am
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The defence and draft order should be submitted by email, to the
address advised in b789's post.
#Post#: 71276--------------------------------------------------
Re: DCB Legal letter after PCN sent to wrong address - Colliers
Wood
DIR By: b789
Date: May 13, 2025, 8:58 am
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Do not use the MCOL to submit a defence. As advised, use email.
#Post#: 71373--------------------------------------------------
Re: DCB Legal letter after PCN sent to wrong address - Colliers
Wood
DIR By: elderberrytree
Date: May 13, 2025, 1:12 pm
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Many thanks both for confirming!
#Post#: 80038--------------------------------------------------
Re: DCB Legal letter after PCN sent to wrong address - Colliers
Wood
DIR By: elderberrytree
Date: July 8, 2025, 4:23 am
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Hi all,
I’ve finally received the Notice of Proposed Allocation to the
Small Claims Track. I’ve attached the first two pages of the
document - should I upload the rest of the form or are you
familiar?
Separate to this I received a letter from DCB Legal a couple of
weeks ago, just informing us that it will go to court.
ECP replied to the last letter I sent them (that you kindly
drafted) and I’ve attached this, but they just said they are
unable to accept any correspondence and all points have been
addressed previously (which is not true of course).
I’d be super grateful for advice on what to do as I need to
respond to the court by 18 July.
Many thanks as usual!
Court letter
HTML https://i.postimg.cc/7GJjfN9g/IMG-5968.jpg
HTML https://postimg.cc/7GJjfN9g
HTML https://i.postimg.cc/wRKZJs4n/IMG-5969.jpg
HTML https://postimg.cc/wRKZJs4n
ECP rejection letter
HTML https://i.postimg.cc/DSQDGZ1M/IMG-5966.jpg
HTML https://postimg.cc/DSQDGZ1M
DCB Legal letter
HTML https://i.postimg.cc/HjsyDPSc/IMG-5967.jpg
HTML https://postimg.cc/HjsyDPSc
#Post#: 80046--------------------------------------------------
Re: DCB Legal letter after PCN sent to wrong address - Colliers
Wood
DIR By: b789
Date: July 8, 2025, 5:19 am
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Considering ECPs responses, you can sue them for disability
discrimination under the Equality Act 2010. They are a service
provider and have a legal duty to make reasonable adjustments
for disabled people. By refusing to consider your appeal after
being told the overstay was due to a disability-related medical
issue, they may have breached that duty. Their repeated
misstatements about not being responsible once the case was
passed to DCB Legal also show a disregard for their ongoing
legal obligations.
Two key provisions apply:
[indent]• Section 15: This covers discrimination arising from
disability. It applies where someone is treated unfavourably
because of something that results from their disability, and
that treatment cannot be justified as a proportionate means of
achieving a legitimate aim.
• Section 20: This imposes a duty on service providers to make
reasonable adjustments to avoid placing disabled people at a
substantial disadvantage. This includes adjusting rigid
procedures like appeal deadlines when disability is
involved.[/indent]
Euro Car Parks’ refusal to consider your appeal after being
informed of a disability-related medical event may breach both
sections.
If you bring a claim and succeed, you can seek compensation for
injury to feelings. This is assessed using the Vento bands,
which are guidelines set by the courts:
[indent]• Lower band (£1,200–£12,100): for less serious cases,
such as isolated incidents
• Middle band (£12,100–£36,400): for more serious cases that
don’t merit the top band
• Upper band (£36,400–£60,700): for the most serious cases, such
as prolonged or malicious discrimination[/indent]
The amount depends on the impact on you, not just the conduct
itself. You don’t need to show financial loss to claim this.
So, you could bring a claim in the County Court for
discrimination arising from disability (Sections 15) and failure
to make reasonable adjustments (Section 20). If successful, you
could be awarded compensation for injury to feelings, typically
between £1,000 and £3,000 for less serious cases. You would need
to show that you are disabled under the Act, that the overstay
was linked to your condition, and that ECP failed to act
reasonably once they were informed.
Before suing, you should send a formal Letter Before Claim
giving them 14 days to respond. If they don’t resolve the
matter, you can issue a claim, which is very straight forward
and can be done online through MCOL.
Regarding the forms (N180 DQ) you received with the allocation
notice, don't fill in the paper form. Follow these instructions:
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#: 80311--------------------------------------------------
Re: DCB Legal letter after PCN sent to wrong address - Colliers
Wood
DIR By: elderberrytree
Date: July 9, 2025, 2:54 pm
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Evening, thank you as always for such a thorough reply and for
all the information regarding completing the form.
With regards to suing ECP - we would very easily be able to
prove that the driver is disabled etc (plenty of paperwork,
medical records, Blue Badge etc).
With regards to using MCOL to sue ECP - what is the financial
outlay for us? Sorry if this sounds stupid, very unfamiliar with
the process. Or perhaps you have a nice little explanatory
website/flow chart I could look at.
Many thanks again - your help is invaluable.
#Post#: 80359--------------------------------------------------
Re: DCB Legal letter after PCN sent to wrong address - Colliers
Wood
DIR By: ixxy
Date: July 10, 2025, 2:04 am
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If you wish to sue you will have to explain how they have
discrimated against you, simply being disabled and having a
badge doesn't give you a free pass to not comply with the car
park rules. For example if the car park is pay on exit and they
only allow 10 minutes grace to exit and you have mobility issues
that could be grounds for discrimination, if you explained that
clearly in your appeal. Buying 2 hours parking and staying for 3
won't wash unless you can show the overstay was directly related
to an inability to leave on time. Again that won't wash if you
had the opportunity to pay for the extra time you took. You
don't sound very clued up on the legal processes, maybe leave
thought of suing until after the resolution of current case?
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