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#Post#: 80114--------------------------------------------------
Re: Total Parking B&Q carpark ticket ignored now court claim
DIR By: EHRob
Date: July 8, 2025, 11:09 am
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Ok thanks jfollows. So I shall say I do not wish to discuss this
until the court hearing
- or let me know if there's a better phrase.
#Post#: 80116--------------------------------------------------
Re: Total Parking B&Q carpark ticket ignored now court claim
DIR By: DWMB2
Date: July 8, 2025, 11:20 am
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Just say if asked about your defence or position that you have
set out the basis of your defence in writing, and the claimant
is in receipt of a copy. You stand by it's contents, do not
believe you owe the claimant anything, and you are therefore not
prepared to offer more than £0 in return for the claim being
discontinued.
#Post#: 95717--------------------------------------------------
Re: Total Parking B&Q carpark ticket ignored now court claim
DIR By: EHRob
Date: October 27, 2025, 5:15 am
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Hi all, I have now received a Notice of Allocation to the Small
Claims Track (Hearing) - court date set for 26th Jan. I have
uploaded a scan of the 3 pages to this folder:
HTML https://ibb.co/album/H7M66y
HTML https://ibb.co/album/H7M66y
I just spotted point 15 states that either party has the right
to apply to have the order set aside, varied or stayed and that
needs to happen by today - if there's something I need to do
immediately please let me know!
Otherwise, as I understand it the instructions are: By 10th Nov
I have to deliver copies of all docs on which I intend to rely
on at the hearing, which must include a witness statement. Could
someone advise me on or send a template for the witness
statement? Is it similar to the wording of the defence
statement I sent in before? (as per draft in message by
[member=26]b789[/member] in page 1 of this thread, 26th April)
Is there anything else I need to do? Many thanks in advance, EHR
#Post#: 95773--------------------------------------------------
Re: Total Parking B&Q carpark ticket ignored now court claim
DIR By: b789
Date: October 27, 2025, 1:44 pm
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One of the more weird courts where they require the WS two
months before the hearing and the claimant only need pay the
trial fee a month before it. As this is a defended claim issued
by DCB Legal, they almost certainly will not submit any WS and
will discontinue just before the trial fee has to be paid.
Should you receive a WS from them, then you can submit your own
after reading theirs, which you will show us first.
In the meantime, expect attempted contact from DCB Legal as they
try to get you to agree to settle the matter. It is just part of
their precursor to a discontinuation. You can ignore them on
that.
#Post#: 95807--------------------------------------------------
Re: Total Parking B&Q carpark ticket ignored now court claim
DIR By: EHRob
Date: October 27, 2025, 4:26 pm
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Thanks so much [member=26]b789[/member] - good to know there's
nothing to do for the moment.
I have indeed received an email suggesting s discounted
settlement. Happily ignored.
#Post#: 96648--------------------------------------------------
Re: Total Parking B&Q carpark ticket ignored now court claim
DIR By: EHRob
Date: November 3, 2025, 11:11 am
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Yay, they have pulled out, as predicted! :D [Br]
DCB Legal's email copied below for those who have not seen their
MO. [Br]
Massive thanks to everyone who advised but especially
[member=26]b789[/member] - 8) and [member=26]jfollows[/member]
[Br]
Your time, generosity and expertise is hugely appreciated xEHR
[Br][Br]
Dear Sirs,[Br]
We act on behalf of the Claimant Total Parking Solutions
Ltd.[Br]
Please find attached the Claimant's N279 Notice of
Discontinuance.[Br]
Kindly confirm the upcoming hearing on 26/01/2026 has been
vacated.[Br]
We have copied the Defendant by way of service.[Br]
Kind Regards, [Br]
Morgan Falconer
DCB Legal Ltd
#Post#: 96661--------------------------------------------------
Re: Total Parking B&Q carpark ticket ignored now court claim
DIR By: b789
Date: November 3, 2025, 12:24 pm
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Well done for persevering and following the advice. Can you
please post an image of the N279 Notice of Discontinuance. We
also need to see the name of the person and their position, who
signed it.
#Post#: 96677--------------------------------------------------
Re: Total Parking B&Q carpark ticket ignored now court claim
DIR By: EHRob
Date: November 3, 2025, 2:11 pm
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Sure thing - here it is, signed by M. Falconer, Paralegal
HTML https://ibb.co/tMLnc96f
Let me know if you want it uploaded differently.
#Post#: 96683--------------------------------------------------
Re: Total Parking B&Q carpark ticket ignored now court claim
DIR By: b789
Date: November 3, 2025, 3:01 pm
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No, that's good. As the N279 has been signed and submitted by an
unauthorised person who is not permitted to conduct litigation
(signing and submitting an N279 is conducting litigation), you
should now send the following email to the court and CC DCB
Legal and yourself:
--- Quote ---
> Subject: Request for costs order following discontinuance –
Claim No. [xxxx]
>
> Dear Sir/Madam,
>
> I acknowledge receipt of the Claimant’s Notice of
Discontinuance (N279).
>
> The Defendant respectfully requests that this matter be placed
before a District Judge for consideration of costs pursuant to
CPR 27.14(2)(g), on the basis that the Claimant’s representative
has behaved unreasonably in conducting the proceedings.
>
> The Notice of Discontinuance was signed and filed by a
paralegal, described as “Claimant’s solicitor” but not an
authorised person under the Legal Services Act 2007. Conducting
litigation, including signing or filing court documents, is a
reserved legal activity under Schedule 2 paragraph 4 of the Act.
The High Court in Mazur & Anor v Charles Russell Speechlys LLP
[2025] EWHC 2341 (KB) reaffirmed that an unauthorised person may
not conduct litigation even under supervision.
>
> In view of this breach, and the inconvenience and time caused
to the Defendant in preparing and responding to these
proceedings, the Defendant seeks modest costs for time spent as
a litigant in person at £24/hour, together with minor
disbursements, as detailed in the attached schedule.
>
> The Defendant invites the Court to summarily assess the costs
on the papers and order payment within 14 days.
>
> Yours faithfully,
>
> [Your name]
> Defendant
>
> Encl: Schedule of costs (Litigant in Person rate £24/hour)
--- End Quote ---
Attach the following costs schedule to the email:
--- Quote ---
> Defendant’s Costs Schedule (Litigant in Person)
>
> Claim No.: [XXXX]
>
> Parties: [Claimant] v [Defendant]
>
> Basis sought: CPR 27.14(2)(g) – unreasonable conduct
(unauthorised conduct of litigation; Mazur; LSA 2007)
>
> Rate: Litigant in person rate £24/hour (PD 46 ¶3.4)
>
> Time claimed (total 5.0 hours):
> [indent]Considering claim form/PoC and papers – 1.0 h →
£24.00
> Researching law/procedure (small-claims costs; PoFA/CPR;
LSA/Mazur) – 1.5 h → £36.00
> Drafting and finalising Defence – 1.5 h → £36.00
> Completing and filing DQ (N180) and correspondence – 0.7 h
→ £16.80
> Mediation call attendance and follow-up – 0.3 h → £7.20
>
> Subtotal (5.0 h × £24): £120.00
>
> Disbursements: none (all steps online) – £0.00
>
> Total sought: £120.00[/indent]
>
> I respectfully invite summary assessment on the papers and an
order for payment within 14 days.
>
> Signed: [type your full name]
>
> Dated: [date]
>
> Name: [Your full name], Defendant
--- End Quote ---
#Post#: 96686--------------------------------------------------
Re: Total Parking B&Q carpark ticket ignored now court claim
DIR By: EHRob
Date: November 3, 2025, 3:03 pm
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brilliant - will do!
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