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#Post#: 99316--------------------------------------------------
DCB - HM Courts and tribunals
By: Banks28 Date: November 22, 2025, 9:28 am
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Hello,
In July, I received letters from DCB stating that I had a £160
fine for “failure to pay for parking,” supposedly from 5 January
2023. No time, CCTV, or photographs were provided to show that I
was actually there. I also made no returns that day, spent no
money on my card (I rarely carry cash), and had no reason to be
in Bolton Town Centre.
I ignored the first letter because I assumed it was a scam—this
was the first I had ever heard of it and I hadn’t received
anything before July. I’ve now received some worrying letters,
but I’ve seen that situations like this are often resolved with
some guidance. I’d really appreciate help understanding where to
start and what the process is. I’ve read a lot of forums but the
acronyms are confusing, and I don’t want to make any mistakes.
Thank you so much!
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HTML https://www.dropbox.com/scl/fi/52qepeak9mwcx31qbbuuf/A3F38344-364F-41DE-B039-DED779313470.jpeg?rlkey=iks3ysviysapnw03ts253lurl&st=t19do5r9&dl=0
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HTML https://www.dropbox.com/scl/fi/c5vuezg24ft73hxb8fpdr/IMG_2450.jpeg?rlkey=7xqgbg3cw3j7m2gs6lfh4eveq&st=0vprxea3&dl=0
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#Post#: 99322--------------------------------------------------
Re: DCB - HM Courts and tribunals
By: b789 Date: November 22, 2025, 10:01 am
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I will bet you £100 that there is absolutely no mention of the
word "fine" in any of the correspondence you have about this.
#Post#: 99323--------------------------------------------------
Re: DCB - HM Courts and tribunals
By: b789 Date: November 22, 2025, 10:06 am
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If you follow the advice (and please don't show us any more
documents unless requested to do so) you will not be paying a
penny to anyone over this.
With an issue date of 18th November, you have until 4pm on
Monday 8th December to submit your defence. If you submit an
Acknowledgement of Service (AoS) before then, you would then
have until 4pm on Monday 22nd 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
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 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.[/font][/quote]
#Post#: 99331--------------------------------------------------
Re: DCB - HM Courts and tribunals
By: Banks28 Date: November 22, 2025, 10:30 am
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Thank you so much. That is all done. I cannot thank you enough
as I had no idea where to start! What usually happens next? It
has been completely stressful. And yes, "Unpaid Parking Charge."
#Post#: 99333--------------------------------------------------
Re: DCB - HM Courts and tribunals
By: b789 Date: November 22, 2025, 10:32 am
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[quote author=Banks28 link=topic=8878.msg99331#msg99331
date=1763829030]
What usually happens next?
[/quote]
Just have a search of the forum and read any of the hundreds of
similar claims.
#Post#: 106309--------------------------------------------------
Re: DCB - HM Courts and tribunals
By: Banks28 Date: January 17, 2026, 2:08 pm
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Hello again,
I have received the Notice of Proposed Allocation to the Small
Claims Track. I am able to complete most of the form but would
appreciate some advice regarding the mediation appointment. I am
a teacher, so it is very difficult for me to leave a class in
order to take part in a phone call. Should I therefore limit my
availability quite strictly on the form?
The notice is dated 9 January, but I only received it yesterday
and the deadline given is 26 January. This feels like a short
turnaround — is this normal?
The form also states that I must “serve copies on all other
parties.” I find the wording of the court letters quite
confusing and would appreciate clarification on what this means
in practice.
Finally, DCB Legal have been calling me weekly and leaving
automated messages asking me to return the call urgently. Is
this standard practice?
Thank you very much in advance for your help.
#Post#: 106340--------------------------------------------------
Re: DCB - HM Courts and tribunals
By: jfollows Date: January 18, 2026, 3:12 am
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[list type=decimal]
[li]Yes, be precise about your availabilty.[/li]
[li]Send copies of anything you send to court to DCB Legal as
well, at the same time.[/li]
[li]Do not return their calls, hang up if you answer, block
their number if you can.[/li]
[/list]
#Post#: 106380--------------------------------------------------
Re: DCB - HM Courts and tribunals
By: Banks28 Date: January 18, 2026, 8:00 am
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Thank you so much.
Do I get a date or time for mediation or is it just anytime in
the next three months?
When I do get the phone call, what are the specific things I
ask?
Thanks again!
#Post#: 106381--------------------------------------------------
Re: DCB - HM Courts and tribunals
By: jfollows Date: January 18, 2026, 8:06 am
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[list type=decimal]
[li]They give you a vague time interval, so you need to be clear
if you’re only available between specific times, ie lunch hour
or whatever.[/li]
[li]You offer £0 to settle, your offer will not be accepted, it
will be over in minutes. More discussion if you search the forum
for “mediation”.[/li]
[/list]
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