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#Post#: 96261--------------------------------------------------
Re: Received LETTER OF CLAIM. Please advise!!!
DIR By: b789
Date: October 30, 2025, 6:34 pm
---------------------------------------------------------
Stop panicking. You will not be paying penny to (not so) Smart,
if you cal down and follow the advice and answer the questions.
What is the issue date on the N1SDT Claim form? Once you give us
that, I can give you the advice and deadlines on how how to
defend it.
#Post#: 96265--------------------------------------------------
Re: Received LETTER OF CLAIM. Please advise!!!
DIR By: atousaleila
Date: October 30, 2025, 6:59 pm
---------------------------------------------------------
Issue Date is 28th October 2025. Please see attachments:
HTML https://ibb.co/bRNFF0k3
HTML https://ibb.co/WWvK4R0d
THANK YOU SO MUCH FOR HELPING OUT!
#Post#: 96266--------------------------------------------------
Re: Received LETTER OF CLAIM. Please advise!!!
DIR By: b789
Date: October 30, 2025, 8:23 pm
---------------------------------------------------------
With an issue date of 28th October you have until 4pm on Monday
17th November to submit your defence. If you submit an
Acknowledgement of Service (AoS) before then, you would then
have until 4pm on Monday 1st December to submit your defence.
You only need to submit an AoS if you need extra time to prepare
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
Until very recently, we never advised using the MCOL to submit a
defence. However, due to recent systemic failures within the
CNBC, we feel that it is safer to now submit a short defence
using MCOL as it is instantly submitted and entered into the
"system". Whilst it will deny the use of some formatting or
inclusion of transcripts etc. these can always be included with
the Witness Statement (WS) later, if it ever progresses that
far.
You will need to copy and paste it into the defence text box on
MCOL. It has been checked to make sure that it will fit into the
122 lines limit.
--- Quote ---
> 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 adequately comply
with CPR 16.4.
>
> 3. The Defendant is unable to plead properly to the PoC
because:
>
> (a) The contract referred to is not detailed or attached to
the PoC in accordance with PD 16, para 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.
>
> 4. The Defendant submits that courts have previously struck
out materially similar claims of their own initiative for
failure to adequately comply with CPR 16.4, particularly where
the Particulars of Claim failed to specify the contractual terms
relied upon or explain the alleged breach with sufficient
clarity.
>
> 5. In comparable cases involving modest sums, judges have
found that requiring further case management steps would be
disproportionate and contrary to the overriding objective.
Accordingly, strike-out was deemed appropriate. 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
due to the Claimant’s failure to adequately comply with CPR
16.4, rather than permitting an amendment. The Defendant
proposes that the following Order be made:
>
> Draft Order:
>
> Of the Court's own initiative and upon reading the particulars
of claim and the defence.
>
> AND the court being of the view that the particulars of claim
do not adequately comply with CPR 16.4(1)(a) because: (a) they
do not set out the exact wording of the clause (or clauses) of
the terms and conditions of the contract which is (or are)
relied on; and (b) they do not adequately set out the reason (or
reasons) why the claimant asserts that the defendant was in
breach of contract.
>
> AND the claimant could have complied with CPR 16.4(1)(a) had
it served separate detailed particulars of claim, as it could
have done pursuant to PD 7C, para 5.2, but chose not to do so.
>
> AND upon the Court determining, having regard to the
overriding objective (CPR 1.1), that it would be
disproportionate to direct further pleadings or to allot any
further share of the Court’s resources to this claim (for
example by ordering further particulars of claim and a further
defence, with consequent case management).
>
> ORDER:
>
> 1. The claim is struck out.
>
> 2. Permission to either party to apply to set aside, vary or
stay this order by application on notice, which must be filed at
this Court not more than 7 days after service of this order,
failing which no such application may be made.
--- End Quote ---
#Post#: 96286--------------------------------------------------
Re: Received LETTER OF CLAIM. Please advise!!!
DIR By: atousaleila
Date: October 31, 2025, 5:48 am
---------------------------------------------------------
I'm feeling very overwhelmed and not following what you're
saying. I have a few questions:
- Does the driver need to fill out the Claim Form? If so, which
part as there are 4 pages.
- Is it necessary to fill out the AOS? Or can the driver skip
that?
-Does the driver copy and paste your quote on page 4 of the
Claim Form (please see the attachments) where it says at the
bottom of the page, N9B?
-What does MCOL and CNBC stand for?
Sorry for so many questions but this is much harder than I
thought. Many thanks. [url=
HTML https://ibb.co/kVsC0YMz
HTML https://ibb.co/W4zyF1Qf
HTML https://ibb.co/vvH54Tsd
HTML https://ibb.co/9k8DwRGM
HTML https://ibb.co/CxSVfDx
HTML https://ibb.co/JgQxPNr
HTML https://ibb.co/5gRxPGFk]https://ibb.co/kVsC0YMz
HTML https://ibb.co/W4zyF1Qf
HTML https://ibb.co/vvH54Tsd
HTML https://ibb.co/9k8DwRGM
HTML https://ibb.co/CxSVfDx
HTML https://ibb.co/JgQxPNr
HTML https://ibb.co/5gRxPGFk[/url]
#Post#: 96290--------------------------------------------------
Re: Received LETTER OF CLAIM. Please advise!!!
DIR By: DWMB2
Date: October 31, 2025, 6:03 am
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--- Quote ---
> - Does the driver need to fill out the Claim Form? If so,
which part as there are 4 pages.
--- End Quote ---
The person who responds to the claim is whoever the claim is
addressed to. It will likely have been sent to the registered
keeper of the vehicle, who we assume is you. You do not fill out
any of the paper forms.
--- Quote ---
> - Is it necessary to fill out the AOS? Or can the driver skip
that?
--- End Quote ---
No, if you're content to just go straight to filing the defence
you can skip the AoS.
--- Quote ---
> -Does the driver copy and paste your quote on page 4 of the
Claim Form (please see the attachments) where it says at the
bottom of the page, N9B?
--- End Quote ---
You do not complete the paper form. The front of the claim form
includes details on how to register online for the Money Claim
Online service (MCOL). Follow those instructions and submit your
defence on the online form.
--- Quote ---
> -What does MCOL and CNBC stand for?
> Sorry for so many questions but this is much harder than I
thought.
--- End Quote ---
MCOL = Money Claim Online (the online portal for responding to
such court claims)
CNBC = Civil National Business Centre (the office responsible
for the administration of civil Court claims, before they get
allocated to a specific court)
#Post#: 96312--------------------------------------------------
Re: Received LETTER OF CLAIM. Please advise!!!
DIR By: atousaleila
Date: October 31, 2025, 8:07 am
---------------------------------------------------------
Thank you so much for your reply.
Dumb question:
- Which box do I register with?
HTML https://ibb.co/Y43cnxD6
HTML https://ibb.co/Y43cnxD6
#Post#: 96313--------------------------------------------------
Re: Received LETTER OF CLAIM. Please advise!!!
DIR By: DWMB2
Date: October 31, 2025, 8:11 am
---------------------------------------------------------
Given that you're neither an organisation nor a solicitor, but
you are an individual, I'd go with Individual.
#Post#: 96337--------------------------------------------------
Re: Received LETTER OF CLAIM. Please advise!!!
DIR By: atousaleila
Date: October 31, 2025, 10:59 am
---------------------------------------------------------
Ok thanks 😊. Online, it's asking for "Defence Pack
Password" and I can't see where it is. Is that the 12 digit
number ending with 3 letter words OR the Defendant's name?
Can you please advise where I can find it?
#Post#: 96341--------------------------------------------------
Re: Received LETTER OF CLAIM. Please advise!!!
DIR By: b789
Date: October 31, 2025, 11:09 am
---------------------------------------------------------
On the bottom right of the N1SDT Claim Form, where it says
"Important Note", you MCOL password is there. As you haven't
bothered redacting it, I will give it to you here anyway:
TXP38WAe
It is useless to anyone else as long as they do not have access
to your government gateway.
#Post#: 96347--------------------------------------------------
Re: Received LETTER OF CLAIM. Please advise!!!
DIR By: atousaleila
Date: October 31, 2025, 11:54 am
---------------------------------------------------------
Omg, I thought I had read everything but obviously not! Thank
you. I can see it. Thank you for your reply. I honestly don't
know what I would have done without everyone's support.
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