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#Post#: 76206--------------------------------------------------
Re: Money Owed Court notice - Unpaid PCN - No Clear Signage -
Excel Parking Bakers Street Pay & Display Uxbridge
DIR By: b789
Date: June 12, 2025, 8:30 am
---------------------------------------------------------
With an issue date of 5th June, you have until 4pm on Tuesday
24th June to submit your defence. If you submit an
Acknowledgement of Service (AoS) before then, you would then
have until 4pm on Tuesday 8th July 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 Excel Parking Services Ltd v [your full
name] Claim no.: [claim number]."
--- Quote ---
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> Excel Parking Services 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#: 76356--------------------------------------------------
Re: Money Owed Court notice - Unpaid PCN - No Clear Signage -
Excel Parking Bakers Street Pay & Display Uxbridge
DIR By: gogo184
Date: June 13, 2025, 7:04 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> With an issue date of 5th June, you have until 4pm on Tuesday
24th June to submit your defence. If you submit an
Acknowledgement of Service (AoS) before then, you would then
have until 4pm on Tuesday 8th July 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 Excel Parking Services Ltd v [your full
name] Claim no.: [claim number]."
>
> [quote]
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> Excel Parking Services 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
[/quote]
Thank you very much. This is great, appreciate your help.
One quick question - I send this defence via email and not
submit on the moneyclaim portal?
Regards
#Post#: 76357--------------------------------------------------
Re: Money Owed Court notice - Unpaid PCN - No Clear Signage -
Excel Parking Bakers Street Pay & Display Uxbridge
DIR By: DWMB2
Date: June 13, 2025, 7:06 am
---------------------------------------------------------
--- Quote from: gogo184 link ---
>
> One quick question - I send this defence via email and not
submit on the moneyclaim portal?
>
--- End Quote ---
Correct - the MCOL system has a length limit and removes all
formatting, so is not ideal for submitting your defence. Submit
by email.
#Post#: 80261--------------------------------------------------
Re: Money Owed Court notice - Unpaid PCN - No Clear Signage -
Excel Parking Bakers Street Pay & Display Uxbridge
DIR By: gogo184
Date: July 9, 2025, 10:13 am
---------------------------------------------------------
Hi All,
Thanks for your support so far for the defence response. I sent
my defence response on 30th June and have got a "Notice of
Proposed Allocation of the Small Claims Track" today in the
post, dated 07th July 25.
Asking to complete N180 Directions questionnaire (Small Claims
Track) and send it back to court and serve copies on all other
parties.
Does this mean my defence has been rejected and claim is
escalated?
What are the next steps for me?
Also noticed in the 1st point of notice, "copy of which is
enclosed" is strike out (defence response is not attached with
this notice).
Any guidance on the next steps please and how should I complete
the questionnaire? Thanks a lot.
[attachment deleted by admin]
#Post#: 80265--------------------------------------------------
Re: Money Owed Court notice - Unpaid PCN - No Clear Signage -
Excel Parking Bakers Street Pay & Display Uxbridge
DIR By: jfollows
Date: July 9, 2025, 10:18 am
---------------------------------------------------------
Standard advice here is:
--- Quote ---
> 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:
>
> • 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.
>
> 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.
--- End Quote ---
It’s far to soon in the process for anyone to consider your
defence.
Following this, the case will be allocated to your local court
and the claimant will be given a deadline by which they must pay
the court fee. Take serious note of this deadline, because if
they don’t pay then the case will be vacated.
You will also have a mandatory mediation session, at which you
offer £0 and the session will end. By telephone.
#Post#: 80286--------------------------------------------------
Re: Money Owed Court notice - Unpaid PCN - No Clear Signage -
Excel Parking Bakers Street Pay & Display Uxbridge
DIR By: gogo184
Date: July 9, 2025, 12:06 pm
---------------------------------------------------------
--- Quote from: jfollows link ---
>
> Standard advice here is:
> [quote]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:
>
> • 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.
>
> 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.
--- End Quote ---
It’s far to soon in the process for anyone to consider your
defence.
Following this, the case will be allocated to your local court
and the claimant will be given a deadline by which they must pay
the court fee. Take serious note of this deadline, because if
they don’t pay then the case will be vacated.
You will also have a mandatory mediation session, at which you
offer £0 and the session will end. By telephone.
[/quote]
Thank you very much, its very much appreciated.
Couple of quick questions if I may ask:
1. How will I know claimant is given a deadline to pay court
fee? Will I be informed of all the steps going forward?
2. Re the mandatory mediation session, will this be with
claimant solicitor and someone from Courts & Tribunal Service?
Any guidelines for the mediation session and what would happen
in that?
3. In the notice I received, it is mentioned twice to serve
copies of completed questionnaire to all other parties - first
on the notice itself and then at the end of the paper form N180
"You must also send a copy of this form (N180 Directions
questionnaire) to each of the other parties in this case". Do I
ignore this? Just emailing to those 2 email addresses enough?
4. You saying its far too soon in the process for anyone to
consider my defence so I am assuming this notice is a standard
next step in the process when someone acknowledges/sends a
defence response. Nobody has checked the defence response yet.
When do you think that response usually gets checked in the
process?
5. Is there a standard process guidelines I can refer to
understand the process and next steps?
Kind Regards
#Post#: 80291--------------------------------------------------
Re: Money Owed Court notice - Unpaid PCN - No Clear Signage -
Excel Parking Bakers Street Pay & Display Uxbridge
DIR By: DWMB2
Date: July 9, 2025, 12:23 pm
---------------------------------------------------------
1) You will receive an order in due course setting out when the
hearing will be, and providing dates by which witness statements
must be received, and the hearing fee must be paid. When DCB
Legal are involved, they usually before this falls due.
2) If you search on here for mediation/telephone mediation
you'll find dozens of threads advising on this. The more other
threads you're able to read, the better your understanding of
the process.
3) No, you don't ignore it. You send it to the other parties
(the claimant, Via their legal firm, and the court) as advised,
using the email addresses provided.
4) I'm not sure what you mean about your defence being
'checked'. This is a court claim... The only time anyone other
than Excel/DCB Legal would look at your defence would be at the
hearing, when the judge would do so. This being a claim managed
by DCB Legal, it's very unlikely to get that far.
5) When I get round to writing one, yes. In the meantime, other
case threads are a good place to start. The Private Parking
Forum on the MoneySavingExpert forums has a good guide in their
'Newbies' thread. Some of their advice differs from ours, but
the court process is of course the same.
#Post#: 80292--------------------------------------------------
Re: Money Owed Court notice - Unpaid PCN - No Clear Signage -
Excel Parking Bakers Street Pay & Display Uxbridge
DIR By: b789
Date: July 9, 2025, 12:24 pm
---------------------------------------------------------
Don't overthink this. Just submit your N180 DQ as advised. Don't
try and send it separately by mail. We have been advising on
this for many years.
You will receive notifications for the telephone mediation. It
is not part of the judicial process. Not judge or solicitors
involved. Just a YTS barely trained "mediator". You offer £0 and
it is over in minutes.
You will be notified when the claim is sent to your local county
court and then you will receive directions from a judge with all
the deadline dates etc.
Your defence has been submitted. If this ever gets as far as a
hearing, which is extremely unlikely, you would have to prepare
a Witness Statement that basically tells your side of the story
in your own words.
#Post#: 80295--------------------------------------------------
Re: Money Owed Court notice - Unpaid PCN - No Clear Signage -
Excel Parking Bakers Street Pay & Display Uxbridge
DIR By: gogo184
Date: July 9, 2025, 12:43 pm
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> 1) You will receive an order in due course setting out when
the hearing will be, and providing dates by which witness
statements must be received, and the hearing fee must be paid.
When DCB Legal are involved, they usually before this falls due.
>
> 2) If you search on here for mediation/telephone mediation
you'll find dozens of threads advising on this. The more other
threads you're able to read, the better your understanding of
the process.
>
> 3) No, you don't ignore it. You send it to the other parties
(the claimant, Via their legal firm, and the court) as advised,
using the email addresses provided.
>
> 4) I'm not sure what you mean about your defence being
'checked'. This is a court claim... The only time anyone other
than Excel/DCB Legal would look at your defence would be at the
hearing, when the judge would do so. This being a claim managed
by DCB Legal, it's very unlikely to get that far.
>
> 5) When I get round to writing one, yes. In the meantime,
other case threads are a good place to start. The Private
Parking Forum on the MoneySavingExpert forums has a good guide
in their 'Newbies' thread. Some of their advice differs from
ours, but the court process is of course the same.
>
--- End Quote ---
Thank you again. Re my 3rd question, I actually got confused
with the inclusion of DCB Legal email in the advice because this
claim is not managed by DCB Legal, but by ELMS LEGAL LTD. That's
why I asked the question whether to send it to other parties and
how.
Now I am clear - I send the questionnaire to
info@elmslegal.co.uk, and not to the DCB legal email. Correct?
Thanks
#Post#: 80296--------------------------------------------------
Re: Money Owed Court notice - Unpaid PCN - No Clear Signage -
Excel Parking Bakers Street Pay & Display Uxbridge
DIR By: b789
Date: July 9, 2025, 12:45 pm
---------------------------------------------------------
Obviously, it was a mistake so, yes, copy in Elms Legal, not DCB
Legal.
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