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#Post#: 74985--------------------------------------------------
dcb legal defence
DIR By: poppapole
Date: June 5, 2025, 12:17 pm
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Hello all I have received an MCOL from Smart Parking / DCB
Legal.
Do i need to reply in legal jargon.
There particulars of claim:
1.The defendent (D) is indebted to the Claimant (C) for Parking
Charge(s) (PC) issued to vehicle ******** at *******
2. The date of contravention is ****** and the D was issued with
PC(s) by the Claimant.
3. The Defendant is pursued as the driver of the vehicle for
breach of the terms on the signs (the contract). Reason
insufficient paid time.
4. In the alternative the defendant is pursued as the keeper
pursuant to POFA 2012 schedual 4.
AND THE CLAIMANT CLAIMS
1.£165 being the total of the PC(s) and damages
2.Interest at a rate of 8% per annum pursuant to s.69 of the
County Courts Act 1984 from the date hereof at a daily rate of
£.02 until judgment or sooner payment.
3.Costs and court fees
thank you in advance
#Post#: 74988--------------------------------------------------
Re: dcb legal defence
DIR By: DWMB2
Date: June 5, 2025, 12:22 pm
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Please show us the claim form with all dates and details intact,
just redact your name and address, claim number, and MCOL
password.
READ THIS FIRST - Private Parking Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/<br
/>- this advises on how to upload images properly.
It would also be useful for you to confirm if you have engaged
in any correspondence with Smart prior to the issuing of this
claim.
#Post#: 75007--------------------------------------------------
Re: dcb legal defence
DIR By: b789
Date: June 5, 2025, 1:16 pm
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More importantly, what is the issue date of the claim?
As long as it has not been more than 19 days since the issue
date of the claim, you can either submit an Acknowledgement of
service (AoS) and get another 14 days on top of that to extend
the deadline for submitting 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 Smart Parking Ltd v [your full name]
Claim no.: [claim number]."
--- Quote ---
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> Smart Parking 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#: 75008--------------------------------------------------
Re: dcb legal defence
DIR By: poppapole
Date: June 5, 2025, 1:22 pm
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Hi this is claim form
[attachment deleted by admin]
#Post#: 75010--------------------------------------------------
Re: dcb legal defence
DIR By: b789
Date: June 5, 2025, 1:26 pm
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So, with an issue date of 23rd May, you have until 4pm on
Wednesday 11th June to submit the defence I have provided above.
If you need extra time, then follow the instructions on how to
submit an AoS and you will then have a deadline of 4pm on
Wednesday 25th June for your defence.
#Post#: 75011--------------------------------------------------
Re: dcb legal defence
DIR By: poppapole
Date: June 5, 2025, 1:36 pm
---------------------------------------------------------
Thank you very much for this, most helpful. Can I ask what is
the draft order for do I need to include this in any way?
kind regards
#Post#: 75012--------------------------------------------------
Re: dcb legal defence
DIR By: b789
Date: June 5, 2025, 1:38 pm
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--- Quote from: b789 link ---
>
> 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 Smart Parking Ltd v [your full name]
Claim no.: [claim number]."
>
--- End Quote ---
Not sure which bit of the above is not clear.
#Post#: 75055--------------------------------------------------
Re: dcb legal defence
DIR By: poppapole
Date: June 6, 2025, 4:06 am
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Sorry missed that bit, thanks!
One final point, on the online MCOL, would you recommend filling
this out with the defence and then emailing the above email
address as well with the defence and draft order? Thanks.
#Post#: 75057--------------------------------------------------
Re: dcb legal defence
DIR By: DWMB2
Date: June 6, 2025, 4:28 am
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No, do it by email as advised.
#Post#: 75095--------------------------------------------------
Re: dcb legal defence
DIR By: b789
Date: June 6, 2025, 6:05 am
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--- Quote from: poppapole link ---
>
> Sorry missed that bit, thanks!
> One final point, on the online MCOL, would you recommend
filling this out with the defence and then emailing the above
email address as well with the defence and draft order? Thanks.
>
--- End Quote ---
If you do that, you are screwed. Follow the advice and don't try
to overthink this.
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