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       #Post#: 96425--------------------------------------------------
       N180T received courtesy of DCB Legal - Snowdon Car Park 2020
   DIR By: ferret
       Date: November 1, 2025, 7:27 am
       ---------------------------------------------------------
       Morning folk
       I've received the attached N180T relating to an "issue" that
       occurred over 5 years ago.  We paid the parking fee but the
       machine swallowed the cash without issuing a ticket. I replied
       to the initial PCN issued at the time stating that full fees had
       been paid and never got a reply.  Started receiving the
       threatening letters some 4 years later and ignored them.
       Is there a standard reply I send back to CNBC?
       [img]
  HTML https://ibb.co/20CH5xNW[/img]
       Thanks[img]
  HTML https://postimg.cc/PppM8vNv[/img]
       [img]
  HTML https://www.imagebam.com/view/ME17B5KC[/img]
       #Post#: 96426--------------------------------------------------
       Re: N180T received courtesy of DCB Legal - Snowdon Car Park 2020
   DIR By: jfollows
       Date: November 1, 2025, 7:30 am
       ---------------------------------------------------------
       Attached?
  HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
       N180SDT?
       N1SDT
       #Post#: 96428--------------------------------------------------
       Re: N180T received courtesy of DCB Legal - Snowdon Car Park 2020
   DIR By: ferret
       Date: November 1, 2025, 7:34 am
       ---------------------------------------------------------
       I'm trying, but none of the three suggested image sites seems to
       work.  The post has a link for all three in it but no picture is
       appearing?  Let's try it as just a link.
       
  HTML https://www.imagebam.com/view/ME17B5KC
       
       #Post#: 96435--------------------------------------------------
       Re: N180T received courtesy of DCB Legal - Snowdon Car Park 2020
   DIR By: jfollows
       Date: November 1, 2025, 9:46 am
       ---------------------------------------------------------
       Link is fine.
       Can you post the PCN and your reply?
       At least, did you identify the driver in the latter?
       #Post#: 96436--------------------------------------------------
       Re: N180T received courtesy of DCB Legal - Snowdon Car Park 2020
   DIR By: ferret
       Date: November 1, 2025, 9:49 am
       ---------------------------------------------------------
       I'm afraid I can't - any original documentation was from over 5
       years ago.  I'd forgotten all about it until I started getting
       letters earlier this year from various companies.
       The one thing I do remember following was the advice not to
       identify the driver.
       #Post#: 96467--------------------------------------------------
       Re: N180T received courtesy of DCB Legal - Snowdon Car Park 2020
   DIR By: b789
       Date: November 1, 2025, 2:53 pm
       ---------------------------------------------------------
       Follow the advice and you won't be paying a penny to (not so)
       Smart Parking.
       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
       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 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#: 96469--------------------------------------------------
       Re: N180T received courtesy of DCB Legal - Snowdon Car Park 2020
   DIR By: ferret
       Date: November 1, 2025, 3:19 pm
       ---------------------------------------------------------
       Excellent.
       Many many thanks and I'll report back on the outcome.
       #Post#: 115893--------------------------------------------------
       Re: N180T received courtesy of DCB Legal - Snowdon Car Park 2020
   DIR By: ferret
       Date: April 14, 2026, 3:45 pm
       ---------------------------------------------------------
       Update
       So I went through the rigmarole of saying no to mediation and
       requested a local court date. That was set for next month and we
       awaited the payment of the court fee by the claimant.
       Final outcome, they withdrew the day before they had to pay the
       court fee.  Letter received today from "DCB Legal" stating that
       "Our client has instructed us to discontinue Court proceedings
       and close the file"
       I understand that I can now claim expenses against the claimant
       - has anyone pursued this angle?
       #Post#: 115920--------------------------------------------------
       Re: N180T received courtesy of DCB Legal - Snowdon Car Park 2020
   DIR By: DWMB2
       Date: April 15, 2026, 2:35 am
       ---------------------------------------------------------
       Costs on the small claims track are very limited even if it goes
       all the way to a hearing.
       You'd need to convince the court that the claimant had behaved
       unreasonably - this is a high bar, and on the face of it,
       discontinuing is not inherently unreasonable.
       You could always write to the court and ask, but they'll
       probably insist you make an application, for which you'd have to
       pay.
       #Post#: 115924--------------------------------------------------
       Re: N180T received courtesy of DCB Legal - Snowdon Car Park 2020
   DIR By: c4733
       Date: April 15, 2026, 2:59 am
       ---------------------------------------------------------
       Great outcome.
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