DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 93149--------------------------------------------------
Re: Response to letter of claim email (claim 2)
DIR By: TW-27
Date: October 6, 2025, 6:26 pm
---------------------------------------------------------
Good stuff, thanks!
I'll sit tight and see what happens next.
#Post#: 94485--------------------------------------------------
Re: Response to letter of claim email (claim 2)
DIR By: TW-27
Date: October 17, 2025, 8:38 am
---------------------------------------------------------
Hi,
I've now received the attached letter and claim form. I couldn't
see a page with a signature.
HTML https://drive.google.com/drive/folders/1uGp88W-Qcal42OVBlq2QoNqZmRrnaW8t
I don't know if it helps but I can prove I was in the tile shop
that day with a time stamped photo taken inside.
Seems more serious now, so thanks in advance for your help in
hopefully putting this to bed.
Thanks,
TW
#Post#: 94509--------------------------------------------------
Re: Response to letter of claim email (claim 2)
DIR By: b789
Date: October 17, 2025, 10:45 am
---------------------------------------------------------
The back of the claim form is signed by someone for DCB Legal.
Who and in what capacity?
With an issue date of 15th October you have until 4pm on Monday
3rd November to submit your defence. If you submit an
Acknowledgement of Service (AoS) before then, you would then
have until 4pm on Monday 17th November 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 comply with CPR
16.4(1)(a).
>
> 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 similar claims of their own initiative for failure to
adequately comply with CPR 16.4(1)(a), particularly where the
Particulars of Claim failed to specify the contractual terms
relied upon or explain the alleged breach with sufficient
clarity. The Defendant refers specifically to the persuasive
appellate cases:
>
> - Civil Enforcement Ltd v Chan (2023), Luton County Court, HHJ
Murch, ref: E7GM9W44
>
> - CPMS Ltd v Akande (2024), Manchester County Court, HHJ
Evans, ref: K0DP5J30
>
> In both cases, the claim was struck out due to materially
similar failures to comply with CPR 16.4(1)(a).
>
> 5. The Defendant invites the Court to strike out this claim of
its own initiative. The Defendant relies on the judicial
reasoning set out in Chan and Akande, as well as other County
Court cases involving identical failures to adequately comply
with CPR 16.4. In those cases, 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. 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 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 (or contracts) 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#: 94684--------------------------------------------------
Re: Response to letter of claim email (claim 2)
DIR By: TW-27
Date: October 19, 2025, 6:46 am
---------------------------------------------------------
Thank you for your most recent response.
I’ve set aside time this morning to go through everything. By
referring to ‘you’ or 'your' I just mean whoever messaged me at
the time.
In a previous post you advised about correspondence from DCB
Legal: “Yes, I suggest you ignore. Even if the next step is a
court claim - please post if it is - it won’t come to anything
if you stay the course.”
I was then advised “No response needed. Just wait for the N1SDT
Claim Form pack to arrive in the post.”
This is the stage I’m now at with the claim form from HM Courts
& Tribunals Service.
For “the signature of whoever signed it” that I missed last
time, I’ve checked again and can see David John Croot has signed
the claim form. Underneath it states: Claimants Legal
Representative as defined by CPR 2.3(1).
In your last response it advised me to submit an AoS if I need
extra time to prepare my defence, then goes on to offer the
122-line wording for the defence. Given the deference wording is
offered I’m unsure of the benefit of the AoS, unless there are
more steps to the defence process than I’m aware of.
As stated, I can prove I was in the tile shop that day with a
time stamped photo taken inside the store and I left a Google
review for them around this time showing I was a shopper. I’m
unsure if this is relevant or would be needed as a specific part
of a defence for my case should their claim be pursued further.
I also noticed that the MCOL guide linked in the thread was
geared towards submitting an AoS rather than a defence but I
found the process of doing this reasonably self explanatory.
This is now submitted using the 122-line wording you provided,
with a copy of the evidence form here:
HTML https://drive.google.com/drive/folders/1QQ5n11z9mKR7KMtcUFhp6oZkMBu1bhG7?usp=drive_link
For the next steps it seems I need to await a response, then
either:
- The case will be dropped
- The case will be progress and I’ll need to provide a witness
statement
Please let me know if the above is correct and if I’ve missed
anything.
Thanks again!
TW
#Post#: 94731--------------------------------------------------
Re: Response to letter of claim email (claim 2)
DIR By: b789
Date: October 19, 2025, 1:55 pm
---------------------------------------------------------
The claim will be discontinued, but much further down the line.
In the meantime, you will receive a letter from HMCTS telling
you that your defence has been sent to the claimant. You will
then receive a response from DCB Legal that says they have
reviewed your defence and their client intends to proceed. They
will also include a copy of their own N180 Directions
Questionnaire (DQ), which is only for your records.
Eventually you will receive your won N180 DQ which you will
complete according to the advice given below. After that will
come a mediation call which is not part of the judicial process.
When you receive the letter for that, let us know and we will
give you further advice on how to deal with that waste of
everyone's time.
In due course, the claim will be transferred to your local
county court where a procedural judge will give directions and
deadlines. If the claim is not struck out at this stage, it will
be discontinued around a month before the hearing date, just
before they are required to pay the £27 trial fee.
#Post#: 94756--------------------------------------------------
Re: Response to letter of claim email (claim 2)
DIR By: TW-27
Date: October 20, 2025, 3:07 am
---------------------------------------------------------
Thank you for the information and expected timescales. I'll
await the letter.
#Post#: 94800--------------------------------------------------
Re: Response to letter of claim email (claim 2)
DIR By: TW-27
Date: October 20, 2025, 7:40 am
---------------------------------------------------------
I thought I replied to your last message earlier so apologies if
it doubles up at some point.
Thanks for your advice and overview of timescales. I'll follow
up again in due course.
#Post#: 98447--------------------------------------------------
Re: Response to letter of claim email (claim 2)
DIR By: TW-27
Date: November 17, 2025, 5:19 am
---------------------------------------------------------
Hi,
Please advise on the best course of action, having received the
email below from DCB Legal today, along with the linked form.
HTML https://drive.google.com/file/d/1rE_hvMTplRomICURa-GcCqHXKNwUU2to/view?usp=drivesdk<br
/>
Many thanks in advance,
TW
---------------
Good Morning
Having reviewed the content of your defence, we write to inform
you that our client intends to proceed with the claim.
In due course, the Court will direct both parties to each file a
directions questionnaire. In preparation for that, please find
attached a copy of the Claimant's, which we confirm has been
filed with the Court.
Without Prejudice to the above, in order to assist the Court in
achieving its overriding objective, our client may be prepared
to settle this case - in the event you wish to discuss
settlement, please call us on 0203 434 0433 within 7 days and
make immediate reference to this correspondence.
If you have provided an email address within your Defence, we
intend to use it for service of documents (usually in PDF
format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise
whether there are any limitations to this (for example, the
format in which documents are to be sent and the maximum size of
attachments that may be received). Unless you advise otherwise,
we will assume not.
#Post#: 98483--------------------------------------------------
Re: Response to letter of claim email (claim 2)
DIR By: b789
Date: November 17, 2025, 8:47 am
---------------------------------------------------------
All standard stuff. Just keep checking your MCOL history and
when it show that your N180 Directions Questionnaire has been
sent, you can 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 [claimant to their legal representative]and CC in yourself.
Make sure that the claim number is in the subject field of the
email.
#Post#: 98632--------------------------------------------------
Re: Response to letter of claim email (claim 2)
DIR By: TW-27
Date: November 18, 2025, 5:57 am
---------------------------------------------------------
Thank you for your last message.
All this seems clear:
- The email and THEIR N180 DQ is for my records only
- I respond using the completed downloaded version of MY N180 DQ
when requested
The only thing I'm unclear about is "Just keep checking your
MCOL history and when it show that your N180 Directions
Questionnaire has been sent."
Will a new item show up in 'Claim History' when logging into
MCOL showing that MY N180 NQ has been issued and therefore I
should expect it? I just want to check if there's something I
need to proactively look out for so I don't miss it.
Thanks again!
TW
*****************************************************
Page 2 of 5
DIR Previous Page
DIR Next Page