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#Post#: 73297--------------------------------------------------
Re: PCN claim court notice
DIR By: b789
Date: May 26, 2025, 10:09 am
---------------------------------------------------------
With an issue date of 12th May, you have until 4pm on Monday 2nd
June to submit your defence. If you submit an Acknowledgement of
Service (AoS) before then, you would then have until 4pm on
Monday 16th June 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 Britannia Parking Group Ltd v [your full
name] Claim no.: [claim number]."
--- Quote ---
>
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> Britannia Parking Group 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#: 73435--------------------------------------------------
Re: PCN claim court notice
DIR By: dollyted
Date: May 27, 2025, 10:04 am
---------------------------------------------------------
Thank you so much for all of your help.
There are some very kind people on here.
(Just to note, in between messages yesterday and following the
first advice I received, I contacted the data officer to make a
SAR but did not get a reply. I did this before the second piece
of advice came through, which was to avoid contacting the data
officer. Hopefully this doesn't interfere.)
I'll keep you posted!! Thanks again.
#Post#: 81548--------------------------------------------------
Re: PCN claim court notice
DIR By: dollyted
Date: July 18, 2025, 6:27 am
---------------------------------------------------------
Hi,
I have received this reply via email, along with a Directions
questionnaire attached.
Is there any more advice as to what you think I should do next
please?
Many thanks.
"Having reviewed the content of your defence, we write to inform
you that our client intends to proceed with the claim.
In due course, the Court will direct both parties to each file a
directions questionnaire. In preparation for that, please find
attached a copy of the Claimant's, which we confirm has been
filed with the Court.
Without Prejudice to the above, in order to assist the Court in
achieving its overriding objective, our client may be prepared
to settle this case - in the event you wish to discuss
settlement, please call us on 0203 434 0433 within 7 days and
make immediate reference to this correspondence."
#Post#: 81549--------------------------------------------------
Re: PCN claim court notice
DIR By: jfollows
Date: July 18, 2025, 6:33 am
---------------------------------------------------------
Normal and expected.
DCB Legal will initiate the court process and pursue it until
the point at which they need to pay the court fee, at which
point they will discontinue.
You just need to stay on top of the process until then.
This will require you to file your own N180 in due course and
attend a telephone mediation session at which you will offer £0.
Lots and lots of examples if you search for them here.
And do not call them as suggested!
#Post#: 81561--------------------------------------------------
Re: PCN claim court notice
DIR By: b789
Date: July 18, 2025, 8:06 am
---------------------------------------------------------
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#: 81652--------------------------------------------------
Re: PCN claim court notice
DIR By: dollyted
Date: July 19, 2025, 4:09 am
---------------------------------------------------------
Thank you both so much, very reassuring. And for the guidance
with the form, very much appreciated.
#Post#: 92500--------------------------------------------------
Re: PCN claim court notice
DIR By: dollyted
Date: October 2, 2025, 5:49 am
---------------------------------------------------------
Hi,
The mediation went ahead yesterday and zero was offered.
A person from the mediation team offered this advice -
- this will go to court, and the judge will only be looking at
what the law says, not what is necessarily “fair”. So make sure
you’ve got your legal argument all stacked up.
Any advice someone I should do next please?
Thanks all.
#Post#: 92556--------------------------------------------------
Re: PCN claim court notice
DIR By: b789
Date: October 2, 2025, 8:57 am
---------------------------------------------------------
--- Quote from: dollyted link ---
>
> Any advice someone I should do next please?
>
--- End Quote ---
Nothing. You are now waiting for the case to be transferred to
your local county court. You will be notified by post.
Once that has happened, you (and the claimant) will then receive
a notice (by post) from a precedural judge who will give
'directions' on what happens next and when.
#Post#: 100309--------------------------------------------------
Re: PCN claim court notice
DIR By: dollyted
Date: November 29, 2025, 6:19 am
---------------------------------------------------------
Hi,
I have received a notice of allocation to the small claims track
hearing.
This has also been given a date for the hearing of the claim.
Is this still like me to go ahead in court? Do you think? Just
from previous replies on this post it was suggested that it
would not.
Thanks again for anybody replying and giving advice.
#Post#: 100310--------------------------------------------------
Re: PCN claim court notice
DIR By: jfollows
Date: November 29, 2025, 6:28 am
---------------------------------------------------------
Reply #13 above. It won’t go to court.
Please post anything you have received.
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