DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 80615--------------------------------------------------
Re: Parkingeye court letter (DCB Legal) CCJ
DIR By: Adegaw
Date: July 11, 2025, 10:27 am
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> [quote author=Adegaw link=topic=7214.msg80598#msg80598
date=1752242762]
> I’ll complete the acknowledgment form today.
>
--- End Quote ---
Perhaps an obvious point (but one worth making as we've seen
this go awry previously) - if the claim form is addressed to
your mother, the AoS will need to be done in her name and not
yours.
[/quote]
Thanks for pointing this out - could have easily made this
mistake as I’ll be helping her with the form. Ha
#Post#: 80647--------------------------------------------------
Re: Parkingeye court letter (DCB Legal) CCJ
DIR By: Adegaw
Date: July 11, 2025, 4:28 pm
---------------------------------------------------------
Thanks all for your help - I’ve submitted the AOS in my mum’s
name.
Should I go ahead and submit the defence using the sample
wording shared in similar DCB cases or should I wait to discuss
further because my Mum’s case is over £500?
#Post#: 80776--------------------------------------------------
Re: Parkingeye court letter (DCB Legal) CCJ
DIR By: b789
Date: July 13, 2025, 5:23 am
---------------------------------------------------------
DO NOT use the defence linked to. It is the wrong one!!! PE
claims issued by DCB Legal never comply with CPR 16.4(1)(a) as
there is no cause of action stated.
Having submitted an AoS, you have until 4pm on Monday 4th August
to submit the defence.
Here is the defence and link to the draft order and relevant
transcripts that go 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 send all the documents as a single PDF
attachment (in the order of 'defence', 'draft order' and then
the 2 'transcripts') 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 ParkingEye Ltd v [your full name] Claim
no.: [claim number]."
--- Quote ---
>
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> ParkingEye 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(1)(a).
>
> 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 16.7.3(1);
>
> (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 cites the cases of CEL v Chan 2023 [E7GM9W44]
and CPMS v Akande 2024 [K0DP5J30], which are persuasive
appellate decisions. In these cases, claims were struck out due
to identical failures to comply with CPR 16.4(1)(a). Transcripts
of these decisions are attached to this Defence.
>
> 5. 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.(1)(a). 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) Failed to 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]
>
> 6. 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(1)(a).
>
> 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/zc23txk7poctyyxiv2ytx/Strikeout-order-1-a-v2.1.pdf?rlkey=pancly3z6zwqt2cra5rvvh3ls&st=nq7a58tz&dl=0
CEL v Chan Transcript
HTML https://www.dropbox.com/scl/fi/nb9ypbecuurpmln00dily/CELvChan-appeal-transcript.pdf?rlkey=7mpuvpmpe45s2zbhch21om1ez&st=i8dnbod3&dl=0
CPMS v Akande Transcript
HTML https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&st=qi4lv3fv&dl=0
#Post#: 80820--------------------------------------------------
Re: Parkingeye court letter (DCB Legal) CCJ
DIR By: Adegaw
Date: July 13, 2025, 11:53 am
---------------------------------------------------------
[member=26]b789[/member], thank you so much. I’ll do it now! :)
#Post#: 86837--------------------------------------------------
Re: Parkingeye court letter (DCB Legal) CCJ
DIR By: Adegaw
Date: August 22, 2025, 3:01 pm
---------------------------------------------------------
Hi all - mum has now received a letter (see attached) plus an
N180 form.
Please can you advise on next steps?
#Post#: 86897--------------------------------------------------
Re: Parkingeye court letter (DCB Legal) CCJ
DIR By: b789
Date: August 23, 2025, 7:19 am
---------------------------------------------------------
All normal and as expected. Standard boilerplate stuff. You are
waiting fro your own N180 Directions Questionnaire to arrive by
post. However, just follow this advice:
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[member=6517]justice[/member].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#: 86912--------------------------------------------------
Re: Parkingeye court letter (DCB Legal) CCJ
DIR By: Adegaw
Date: August 23, 2025, 9:27 am
---------------------------------------------------------
Thank you so much. I’ll complete the form downloaded via the
link you shared and send it.
#Post#: 86920--------------------------------------------------
Re: Parkingeye court letter (DCB Legal) CCJ
DIR By: b789
Date: August 23, 2025, 10:21 am
---------------------------------------------------------
Don't send it before you see that yours has been sent in your
MCOL history, otherwise wait until you receive the letter with
yours before sending the N180 as advised.
#Post#: 92116--------------------------------------------------
Re: Parkingeye court letter (DCB Legal) CCJ
DIR By: Adegaw
Date: September 30, 2025, 2:47 am
---------------------------------------------------------
Morning all! I’ve now received the mediation appointment. It
says I’ll have an hour and would need to be explain what
happened & my defence.
Should I just say exactly what happened or is there a legal
wording I should use instead?
Sorry if this is a silly question 🙈
#Post#: 92122--------------------------------------------------
Re: Parkingeye court letter (DCB Legal) CCJ
DIR By: DWMB2
Date: September 30, 2025, 3:05 am
---------------------------------------------------------
Have a search on here for other cases that have progressed to
court and you will see numerous accounts of how the mediation
process goes.
The key is to offer £0, and not to get drawn into any discussion
about the merits of your case, and it should all be over fairly
swiftly.
*****************************************************
Page 2 of 4
DIR Previous Page
DIR Next Page