DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 74014--------------------------------------------------
DCB Legal Issued Claim Form
By: Warby95 Date: May 31, 2025, 4:57 am
---------------------------------------------------------
Hi all,
I have received an issued claim form from DCB Legal. It has
pretty poor Particulars of Claim which I am almost certain do
not comply with CPR 16.4(1).
1. The Defendant is indebted to the Claimant for Parking Charges
issued to vehicle XXXXX at XXXX.
2. The date of contravention is XXX and the D was issued with
PCs by the D.
3. The D is pursued as the driver of the vehicle for breach of
the terms on the signs (the contract). Reason: Park for longer
than permitted.
4. In the alternative the D is pursued as the keeper pursuant to
POFA 2012, Schedule 4.
AND THE CLAIMANT CLAIMS
1. £170 being the total of the PCs and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the
CCA 1984 from the date hereof at a daily rate of £.02 until
judgment or sooner payment.
3. Costs and court fees.
I was not the driver at the time. Their PoC do not provide
enough detail. I have filed my AOS and now have some time to
file my Defence. Could anyone help me with a Defence to file and
I think a strike out order as their PoC is deficient.
TIA
#Post#: 74027--------------------------------------------------
Re: DCB Legal Issued Claim Form
By: RichardW Date: May 31, 2025, 6:22 am
---------------------------------------------------------
Do a search on here, b789 has provided the defence and order
many times against these rubbish POC!
#Post#: 74037--------------------------------------------------
Re: DCB Legal Issued Claim Form
By: b789 Date: May 31, 2025, 7:07 am
---------------------------------------------------------
Show us the N1SDT Claim Form that has the Particulars of Claim
(PoC) on them. Redact your personal info and the claim number
and MCOL password but leave ALL dates showing, including the
issue date of the claim.
READ THIS FIRST - Private Parking Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
If you've already submitted the AoS and it was done within 19
days of the issue date of the claim, you therefore have 33 days
(plus any weekend or bank holiday days if the 33rd day is on one
of those) to submit your defence.
Here is the defence and link to the draft order that goes with
it. You need to edit the claimants name, 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 [claimant] v [your full name] Claim no.:
[claim number]."
[quote][center]IN THE COUNTY COURT[/center]
[right]Claim No: [Claim Number][/right]
[center]BETWEEN:
[Claimant]
Claimant
- and -
[Defendant's Full Name]

Defendant
[hr]
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:[/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#: 74085--------------------------------------------------
Re: DCB Legal Issued Claim Form
By: Warby95 Date: May 31, 2025, 1:06 pm
---------------------------------------------------------
This is the claim form received. AOS has been filed a couple of
days ago.
[attachment deleted by admin]
#Post#: 74096--------------------------------------------------
Re: DCB Legal Issued Claim Form
By: Warby95 Date: May 31, 2025, 2:04 pm
---------------------------------------------------------
[quote author=b789 link=topic=6562.msg74037#msg74037
date=1748693274]
Show us the N1SDT Claim Form that has the Particulars of Claim
(PoC) on them. Redact your personal info and the claim number
and MCOL password but leave ALL dates showing, including the
issue date of the claim.
READ THIS FIRST - Private Parking Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
If you've already submitted the AoS and it was done within 19
days of the issue date of the claim, you therefore have 33 days
(plus any weekend or bank holiday days if the 33rd day is on one
of those) to submit your defence.
Here is the defence and link to the draft order that goes with
it. You need to edit the claimants name, 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 [claimant] v [your full name] Claim no.:
[claim number]."
[quote]
[center]IN THE COUNTY COURT[/center]
[right]Claim No: [Claim Number][/right]
[center]BETWEEN:
[Claimant]
Claimant
- and -
[Defendant's Full Name]

Defendant
[hr]
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:[/quote]
Draft Order for the defence
HTML https://www.dropbox.com/scl/fi/tcewefk7daozuje25chkl/Strikeout-order-v2.pdf?rlkey=wxnymo8mwcma2jj8xihjm7pdx&st=nbtf0cn6&dl=0
[/quote]
Claim form attached
[attachment deleted by admin]
#Post#: 74112--------------------------------------------------
Re: DCB Legal Issued Claim Form
By: b789 Date: May 31, 2025, 7:31 pm
---------------------------------------------------------
With an issue date of 15th May, you had until 4pm on Tuesday 3rd
June to submit your defence. As you have submitted an
Acknowledgement of Service (AoS) before then, you now have have
until 4pm on Tuesday 17th June to submit your defence.
Just do as advised and edit the claimant, your name and the
claim number and send off.
#Post#: 75050--------------------------------------------------
Re: DCB Legal Issued Claim Form
By: ticmick66 Date: June 6, 2025, 3:09 am
---------------------------------------------------------
apologies, posted a reply by accident
#Post#: 75412--------------------------------------------------
Re: DCB Legal Issued Claim Form
By: Warby95 Date: June 8, 2025, 12:38 pm
---------------------------------------------------------
[quote author=b789 link=topic=6562.msg74112#msg74112
date=1748737916]
With an issue date of 15th May, you had until 4pm on Tuesday 3rd
June to submit your defence. As you have submitted an
Acknowledgement of Service (AoS) before then, you now have have
until 4pm on Tuesday 17th June to submit your defence.
Just do as advised and edit the claimant, your name and the
claim number and send off.
[/quote]
Thank you! I have just filed that now by email. I assume the
Court will serve a copy on the Claimant?
Thanks
#Post#: 75415--------------------------------------------------
Re: DCB Legal Issued Claim Form
By: b789 Date: June 8, 2025, 12:51 pm
---------------------------------------------------------
[quote author=Warby95 link=topic=6562.msg75412#msg75412
date=1749404311]
I assume the Court will serve a copy on the Claimant?
[/quote]
Yes
#Post#: 104844--------------------------------------------------
Re: DCB Legal Issued Claim Form
By: Warby95 Date: January 6, 2026, 3:56 pm
---------------------------------------------------------
Hi, now been listed for a hearing and ordered to file a witness
statement. Any advice? Will the hearing actually go ahead?
*****************************************************
DIR Next Page