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#Post#: 88124--------------------------------------------------
Re: DCB LEGAL LETTER OF CLAIM
DIR By: bwolf9999
Date: September 2, 2025, 12:15 pm
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Hi all
Here is what I recieved.
FYI they didnt ever reply to my email.
From what I am reading I have 14 days to respond, help
gratefully appreciated
#Post#: 88125--------------------------------------------------
Re: DCB LEGAL LETTER OF CLAIM
DIR By: bwolf9999
Date: September 2, 2025, 12:17 pm
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I dont seem to have the ability to attach a file now , I could
before, can anyone help ?
#Post#: 88128--------------------------------------------------
Re: DCB LEGAL LETTER OF CLAIM
DIR By: DWMB2
Date: September 2, 2025, 12:32 pm
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We advise against uploading directly as there is very limited
space - there is advice on using Imgur here: READ THIS FIRST -
Private Parking Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
#Post#: 88142--------------------------------------------------
Re: DCB LEGAL LETTER OF CLAIM
DIR By: bwolf9999
Date: September 2, 2025, 1:37 pm
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[img]
HTML https://imgur.com/a/FVOl4oq[/img]
Hopefully this has worked ?
HTML https://imgur.com/a/FVOl4oq
HTML https://imgur.com/a/FVOl4oq
#Post#: 88162--------------------------------------------------
Re: DCB LEGAL LETTER OF CLAIM
DIR By: b789
Date: September 2, 2025, 3:00 pm
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With an issue date of 28th August you have until 4pm on Tuesday
16th September to submit your defence. If you submit an
Acknowledgement of Service (AoS) before then, you would then
have until 4pm on Tuesday 30th September 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
MCOL CPR16.4 only defence
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 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.
>
> 4. The Defendant submits that courts have previously struck
out 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 CPR PD 7C.5.2(2), but chose not to do so.
>
> AND upon the claim being for a very modest sum such that the
court considers it disproportionate and not in accordance with
the overriding objective to allot to this case any further share
of the court's resources by ordering further particulars of
claim and a further defence, each followed by further referrals
to the judge for 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 5 days after service of this order,
failing which no such application may be made.
--- End Quote ---
#Post#: 88197--------------------------------------------------
Re: DCB LEGAL LETTER OF CLAIM
DIR By: bwolf9999
Date: September 3, 2025, 4:08 am
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Thanks so much, is this online or by post ?
Good chance I am being thick here
#Post#: 88199--------------------------------------------------
Re: DCB LEGAL LETTER OF CLAIM
DIR By: jfollows
Date: September 3, 2025, 4:09 am
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--- Quote ---
> You will need to copy and paste it into the defence text box
on MCOL.
--- End Quote ---
#Post#: 89280--------------------------------------------------
Re: DCB LEGAL LETTER OF CLAIM
DIR By: bwolf9999
Date: September 10, 2025, 2:37 am
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Defence filed guys, I will keep you posted !
#Post#: 96571--------------------------------------------------
Re: DCB LEGAL LETTER OF CLAIM
DIR By: bwolf9999
Date: November 3, 2025, 2:44 am
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Hi all
Just got back from holiday and had a letter from the civil
national business centre
It is a notice of proposed allocation to the small claims track
It says that I need to complete the questionaire by 6th November
as it is now a defended claim
Is this normal guys and what should I do next ?
Do you need a photo of the form ?
#Post#: 96615--------------------------------------------------
Re: DCB LEGAL LETTER OF CLAIM
DIR By: b789
Date: November 3, 2025, 8:23 am
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All normal. Just follow this advice:
Having received your own N180 (make sure it is not simply a copy
of the claimants N180) or been notified on MCOL that yours has
been sent, do not use the paper form. Ignore all the other forms
that came with it. you can discard those. Download your own N180
DQ 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.
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