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#Post#: 87867--------------------------------------------------
Re: Received a court claim form for a parking fine..Please help
By: shanu Date: August 31, 2025, 5:10 am
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HTML https://i.imgur.com/Hjo0cOb.jpeg[/img]
HTML https://i.imgur.com/qjoWnPP.jpeg[/img]
#Post#: 87877--------------------------------------------------
Re: Received a court claim form for a parking fine..Please help
By: b789 Date: August 31, 2025, 6:44 am
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No one cares about the circumstances or any mitigation. You are
where you are. Next time, don’t fill in any forms. Just follow
this advice…
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][font=Courier New]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.[/font][/quote]
#Post#: 87893--------------------------------------------------
Re: Received a court claim form for a parking fine..Please help
By: H C Andersen Date: August 31, 2025, 8:53 am
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I mentioned two things.First I don't remember parking in this
spot so please send me the proof of claim.
My concern is that you might have identified yourself as the
driver thereby potentially denying to yourself one of the key
legal defences.
#Post#: 87894--------------------------------------------------
Re: Received a court claim form for a parking fine..Please help
By: shanu Date: August 31, 2025, 9:02 am
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Thank you for such a detailed response, I appreciate your help!
Could you please clarify a few points.
In your defence draft
(c) The PoC do not adequately set out the reason (or reasons)
why the claimant asserts the defendant has breached the contract
(or contracts).
The No.3 point of POC does state the breach reason NO VALID
PERMIT DISPLAYED.
(d) The PoC do not state with sufficient particularity exactly
where the breach occurred,
The No.1 point of POC does state the exact place as Arnold
street leicester.
(e) The PoC do not state precisely how the sum claimed is
calculated, including the basis for any statutory interest,
damages, or other charges;
In the last para of POC it does mention about interest charges
at a rate of 8% per annum along with an additional column at the
bottom right of the page with
Amount claimed £179.72
court fee £35
Legal representatives cost £50.
(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.
The No.3 point of POC does state the defendant is pursued as the
driver and point No 4 says In the alternative the defendant is
pursued as the keeper pursuant to POFA 2012 schedule 4.
I Don't understand these two points to be honest.
Do you think I should omit these points ?
#Post#: 87896--------------------------------------------------
Re: Received a court claim form for a parking fine..Please help
By: shanu Date: August 31, 2025, 9:12 am
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[quote author=H C Andersen link=topic=7867.msg87893#msg87893
date=1756648429]
I mentioned two things.First I don't remember parking in this
spot so please send me the proof of claim.
My concern is that you might have identified yourself as the
driver thereby potentially denying to yourself one of the key
legal defences.
[/quote]
I don't see this response as me being the driver but then again
I don't know the legal language.You might be right but at the
end of response submission there is no reference number provided
or any acknowledgement email.All it said was response submitted
for which I took a picture of.
I have no choice but to submit a defence .
#Post#: 87948--------------------------------------------------
Re: Received a court claim form for a parking fine..Please help
By: b789 Date: September 1, 2025, 4:21 am
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You can overthink this and screw it up or you can accept a bet
from me at 100:1 odds that this defence will lead to either a
strike out or a discontinuation.
This defence was written by a very long serving district judge
and is based all DCB Legal issued claims. It has never failed
yet.
“NO VALID PERMIT DISPLAYED” does NOT adequately set out the
reason why the contract was breached.
“Arnold Street Leicester” does not describe the location with
sufficient particularity. What address exactly on Arnold Street?
Regarding the interest calculated, from what date was the
interest calculated? On what amount has the interest been
calculated? The claim is for £179.92 but the original charge is
only £100. What is the extra £79.92? How has it been calculated?
If it includes a debt recovery fee, has VAT been charged on it?
If not, why not? Is it ‘damages’? If so, on what basis have
these ‘damages’ been calculated?
Are you being pursued as the Driver or the Keeper? What
specificity has the claimant said is the reason for an
alternative pleading? They cannot just plead alternatives
otherwise every claim could just list a load of reasons in a
some kind of scattergun approach. If they have no evidence that
the defendant is the driver, the they can ONLY sue on the basis
that they are the Keeper and the claimant has fully complied
with PoFA. If they are suing the defendant as the driver, then
they cannot rely on PoFA and must be put to strict proof.
Anyway, you can follow the advice and guarantee that the claim
will never get as far as a hearing of you can try your own way.
#Post#: 88028--------------------------------------------------
Re: Received a court claim form for a parking fine..Please help
By: shanu Date: September 1, 2025, 2:21 pm
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Thank you so much for such detailed clarification and please
excuse my legal ignorance!
I will submit the defence in a couple of days at the latest and
will post here once I hear anything back from them.
This is such great help and I cannot thank you enough for this!
#Post#: 88039--------------------------------------------------
Re: Received a court claim form for a parking fine..Please help
By: shanu Date: September 1, 2025, 5:15 pm
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Defence submitted !
Any idea what the next stage would be or a possible response ?
#Post#: 88090--------------------------------------------------
Re: Received a court claim form for a parking fine..Please help
By: b789 Date: September 2, 2025, 8:29 am
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A quick search of the forum will reveal what happens next.
#Post#: 88101--------------------------------------------------
Re: Received a court claim form for a parking fine..Please help
By: shanu Date: September 2, 2025, 9:47 am
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As I mentioned above that I responded to their letter of claim
asking for proof of their claim.I have today received this below
email from DCB LEGAL.I am assuming it doesn't require a
response.
We write in response to your correspondence received in our
office dated 11/08/2025.
We now respond to the same as follows.
Our Client will ensure that there are signs clearly displayed on
the land, outlining the terms of the parking. These will
generally be displayed at the entrance and exit of the land/ car
park, as well as being positioned at various points throughout
the land (Please refer to the attached Site Plan) Our Client
does not need to prove that you read and understood the terms of
those signs and will rely on the fact that the signs were
situated on the land and that a reasonable person would have
seen them. You should always be vigilant when entering any land
that you are not familiar with or that you know is privately
owned and there are parking terms in place.
If there are any documents that you have requested, but that are
not attached, it is because we have deemed the request to be
disproportionate and/or not relevant to the substantive issues
in dispute. We respectfully draw your attention to paragraph
2.1(c) of the Protocol and remind you that both parties are
expected to act reasonably and proportionately.
Please note, a claim was accepted against you on 28/08/2025.
Please either address the Cout documentation or make payment of
the claim amount of £264.72 within the relevant time frame.
Failure to do so will result in Judgment being requested against
you in default. If accepted a County Court Judgment will be
placed on your credit file.
Payment can be made via bank transfer to our designated client
account: -
Account Name: DCB Legal Ltd Client Account
Sort Code: 20-24-09
Account Number: 60964441
You must quote the correct case reference (711200245122GBP) when
making payment. If you do not, we may be unable to correctly
allocate the payment. If further action is taken by us as a
result of an incorrect reference being quoted, you will be
liable for any further fees or costs incurred.
We would ask that you kindly furnish us with your most up to
date telephone number and email address, this can be emailed to
us at info@dcblegal.co.uk.
Alternatively, you can contact DCB Legal Ltd on 0203 838 7038 to
make payment over the telephone or online at
HTML https://dcblegal.co.uk/response/pay-online/.
Kind Regards,
Sofia Marth
Administration Associate
DCB Legal Ltd
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