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#Post#: 88406--------------------------------------------------
Claim Form - 19th Aug
DIR By: Heat
Date: September 4, 2025, 9:39 am
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Hi
I was recently sent some debt recovery letters from ECP, which I
ignored after seeing the advice on this forum.
I’ve now been sent this Claim Form. I missed the mail after
returning from holiday and it’s really short notice to reply - I
think it’s 14 days + 5, so this Sunday.
The origional contravention happened way back in 2021 and I
don’t have any of the origional PCN or remember if I responded
and what with.
The driver does remember it was a pub car park, that had one of
those terminals in the pub to enter a vehicle registration -
but they didn't.
Here is an image of the form thats been received. Any guidance
on the best action for me to now take and likely outcome would
be very much appreciated.
HTML https://imgur.com/a/0PgMf8x
Thanks
#Post#: 88501--------------------------------------------------
Re: Claim Form - 19th Aug
DIR By: b789
Date: September 5, 2025, 2:02 am
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The deadline would never be on a non working day, so it would be
4pm on the next working day.
With an issue date of 19th August you have until 4pm on Monday
8th September to submit your defence. If you submit an
Acknowledgement of Service (AoS) before then, you would then
have until 4pm on Monday 22nd 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
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 ---
As long as you submit this defence, the claim will eventually be
discontinued.
#Post#: 88510--------------------------------------------------
Re: Claim Form - 19th Aug
DIR By: Heat
Date: September 5, 2025, 4:18 am
---------------------------------------------------------
Fantastic. Thank you so much.
I’ll respond to it ASAP.
#Post#: 95585--------------------------------------------------
Re: Claim Form - 19th Aug
DIR By: Heat
Date: October 25, 2025, 6:04 pm
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Hello,
Unfortunately it appears that DCB Legal/Smart Parking Limited
intend to take further action to Small Claims Court.
I received an email from DCB - Bulk Litigation informing of
there decision to proceed (email and 1st page of the attachment
below).
Followed by a letter from 'Civic National Business Centre' (a
few pages also in the attachments below) notifying me its a
defended claim and is suitable for small claims track. And if i
believe that this is not the appropriate track for the claim
then i must complete box C1 an explain why.
HTML https://photos.app.goo.gl/5HPwCxVmfYxxNNNS8
I'm not sure what to do at this point. Can any guidance be
offered?
Deadline is by 3rd November though I struggle to do it after the
29th as im abroad from then.
Thank you
#Post#: 95618--------------------------------------------------
Re: Claim Form - 19th Aug
DIR By: b789
Date: October 26, 2025, 9:18 am
---------------------------------------------------------
All perfectly normal. Just follow this guidance for completing
the N180 DQ:
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.
#Post#: 95809--------------------------------------------------
Re: Claim Form - 19th Aug
DIR By: Heat
Date: October 27, 2025, 4:36 pm
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That’s really helpful. Thank you very much.
What should I expect next?
#Post#: 95811--------------------------------------------------
Re: Claim Form - 19th Aug
DIR By: b789
Date: October 27, 2025, 4:40 pm
---------------------------------------------------------
Notification of your mediation call appointment. When you do,
just follow this advice:
--- Quote ---
> For the mediation call, the only requirement is for you
"attend" the call. It is not part of the judicial process and no
judge is involved.
>
> This is what I advise you to say when you receive the call
from the mediator:
>
> “Before I set out my position, please confirm from the
claimant’s side:[/I]
>
> [indent][I]• the full name of the person attending for them;
> • their role/position at their legal representative’s firm;
and
> • whether they hold written authority to negotiate and settle
today.[/indent]
>
> Please relay that back to me before we continue.”
>
> After the mediator calls back...
>
> If identified and authority confirmed:
>
> [indent]“Thank you. I’m content to proceed on that basis. My
settlement offer is £0, or I invite the claimant to discontinue
with no order as to costs.”[/indent]
>
> If no/unclear authority:
>
> [indent]“Please record that the claimant’s attendee has not
confirmed settlement authority. My position remains that
liability is denied and my offer is £0, subject to prompt
approval by an authorised solicitor if they choose to
discontinue.”[/indent]
>
> All you need to know is the name and the position of the
person acting for the claimant and report that back to us. It
will be over within minutes. Complete waste of time otherwise.
--- End Quote ---
#Post#: 95827--------------------------------------------------
Re: Claim Form - 19th Aug
DIR By: Heat
Date: October 27, 2025, 5:56 pm
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Thanks again for the swift response!
Does any action normally follow that - do they typically call it
a day, or continue with further steps?
#Post#: 95833--------------------------------------------------
Re: Claim Form - 19th Aug
DIR By: b789
Date: October 27, 2025, 6:17 pm
---------------------------------------------------------
After that, it will be transferred to your local court and then
a hearing date will be advised together with some deadlines for
submitting documents and crucially, a deadline for the claimant
to pay the £27 trial fee. it is just before this deadline that
they issue a Notice of Discontinuance (N279) and then it is all
over.
However, depending on your local court and how backlogged they
are, it can take anything up to a year or more before it reaches
that point. Just get on with your life and keep us informed of
any comms you receive.
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