DCB Legal / Highview Parking County Court Claim

[NicB]

Hi, looking for guidance on next steps please!

I have received a Claim Form from County Court Business Centre dated 23rd April for 2 x PCN's on 06/07/2018. Yes, these letters were ignored and I hoped they would go away but it seems they have picked up their chasing. I unfortunately don't have any of the previous paperwork but I do seem to recall that both PCN's were for the same date / time but under two different references ( which made me doubt the credibility of their letters / claims). These were for overstaying in a Highview Managed carpark, it wasn't me driving but the car was registered to me. No acknowledgement has been made up until the Claim form received.

I have acknowledged the claim on the moneyclaim.gov.uk by ticking "I intend to defend all of this claim".
A SAR has been sent to Highview, a CPR 31.14 request has been made to DCB Legal after following advice on previous threads.
I have today had the following response from DCB and am looking for support on how to progress further -

"We write further to your request for evidence. In due course, the Court will order that both parties file and serve all evidence they intend to rely on. We confirm you will therefore receive all relevant evidence in advance of the court hearing".

Do I reply with the second letter in the support pages of CPR31.14? I need evidence / PCN's etc to support my defence! Any help much appreciated please!

[ostell]

So your defence will ask the court to order DCBL to release the data requested so that you can submit an amended defence, with the cost being met by the claimant.

Prepare your defence mentioning the inadequacy of the particulars of claim

On here for critique

[NicB]

Thank you, I'll get my defence drafted up and post on here for your much appreciated critique (have never needed to do anything like this before).

[NicB]

1. The defendant received the claim xxxxxxxx from the Northampton County Court on 24^th April 2021.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
4. The Claimant’s Particulars of states the agreement was entered into on 06/07/2018.
5. The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment. (***I DO NOT HAVE THIS INFO…please help***)
6. It is denied that Highview Parking served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
7. On the 26^th April 2021 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to DCB Legal Ltd. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
8. DBS Legal Ltd. has not sent any of these documents to the Defendant.
9. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
10. The Defendant has asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
11. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
12. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.
13. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.
14. It is denied that the Claimant is entitled to the relief as claimed or at all.
15. The Defendant believes there is an inadequacy with the validity of the claim by Highview Parking as both PCN’S issued were on the 06/07/2018. I therefore need further detailed information regarding specific timings of the PCN’s to support my defence.
16. Statement of Truth
17. The Defendant believes that the facts stated in this Defence are true.

First draft, using the 'example defence' from the shortcut. Feedback and support much appreciated!

[ostell]

Your using a template designed for credit debts. Lots are not applicable.

[NicB]

I'll delete what i think isn't relevant and repost. Is there a specific link for a parking offence please?

[NicB]

1. The defendant received the claim xxxxxxxx from the Northampton County Court on 24^th April 2021.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
4. On the 26^th April 2021 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to DCB Legal Ltd. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
5. DBS Legal Ltd. has not sent any of these documents to the Defendant.
6. The Defendant has asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
7. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
8. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.
9. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.
10. It is denied that the Claimant is entitled to the relief as claimed or at all.
11. The Defendant believes there is an inadequacy with the validity of the claim by Highview Parking as both PCN’S issued were on the 06/07/2018. The Defendant therefore needs further specific and detailed information regarding the timings of the alleged PCN’s to support her defence.
12. Statement of Truth
13. The Defendant believes that the facts stated in this Defence are true.

Is this defence better? Shoud I be replying to DCB legal after their reply yesterday? I am still awaiting a response from the SAR I sent to Highview Parking - should I await their reply before submitting my defence online? Thanks

[ostell]

4 So what did you actually request from DCBL? This is not a credit agreement there is no Agreement, Default Notice or Notice of assignment,. THere is the PCN and the signs that allegedly created the contract.

Did you request an extension?

You mention that they refused to provide information to clarify their position.

[NicB]

Request for documents mentioned in a statement of case under CPR 31.14



On 23/04/2021 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.


To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on21st May 2021.



1.PCN 06/07/2018: xxxxxxxx881

2.PCN 06/07/2018: xxxxxxxx792

3.Letters of requests from Highview Limited

4.The contract that entitles C to damages



You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

Yours sincerely,


This was my original letter to DCBL (used the shortcuts template on here). Extension was asked for so assume I can leave point 6 as is in my defence statement? I will amend point 4.

Thank you!

[NicB]

I see what you mean re point 4 - have changed.

1. The defendant received the claim xxxxxxxx from the Northampton County Court on 24^th April 2021.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
4. On the 26^th April 2021 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to DCB Legal Ltd. The Defendant requested the Claimant provide copies of the original PCN’s, copies of letters of requests from Highview Limited and a copy of ‘The contract’ that ‘entitles the Claimant to damages’ as stated in their Particulars of Claim.
5. DBS Legal Ltd. has not sent any of these documents to the Defendant.
6. DBS Legal Ltd. has responded to the Defendant and have refused to provide the information requested for by the Defendant.
7. The Defendant has asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
8. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
9. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.
10. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.
11. It is denied that the Claimant is entitled to the relief as claimed or at all.
12. The Defendant believes there is an inadequacy with the validity of the claim by Highview Parking as both PCN’S issued were on the 06/07/2018. The Defendant therefore needs further specific and detailed information regarding the timings of the alleged PCN’s to support her defence.
13. Statement of Truth
14. The Defendant believes that the facts stated in this Defence are true.

Do I wait for a response to the SAR sent to Highview before submitting my defence as I'll then hopefully have the specific timings that are currently missing? Or will Highview probably ignore my SAR??

[MissyD]

Hi I received something similar from dcbl.

Originally I received a debt collector letter back in April 2018 and I called DRP requesting details of the pcn as I never received the original nor anything after from Highview Ltd. I was spoken to rudely and demanded that payment be arranged immediately or they would take me to court. I refused to pay and I requested information in the post and did not divulge on my email even though they insisted. I thought it was some kind of scam and eventually after a few months of not hearing from them I disposed of the letter but thankfully have a photo image. I since received letter from dcbl last year and again requested information by post which they failed to provide. As they failed to send any information I thought it was another scam from the same company. I received in the post a county court claim. I checked online and realise it is genuine. I have no idea if I was the driver at the time as they never sent me the information I requested. Would I follow something similar above in relation to my defence?
Any recommendations would be very much appreciated please.


Thank you for taking the time to read.

[ostell]

Yes, you start your own thread and don't hijack some one else's live one. That xan lead to confusion and incorrect advice being given

[MissyD]

Apologies I will start a new thread sorry I’m new to this. Thank you.

[NicB]

ostell Should I wait for a response to the SAR sent to Highview before submitting my defence as I'll then hopefully have the specific timings that are currently missing? Or will Highview probably ignore my SAR?? Do I submit the defence now (I have until May 20th...) Any help appreciated.

[ostell]

Highview have 30 days to respond, if you waited you will be beyond the date to file your defence. Wait till the last possible moment.. Perhaps DCBL will come up with the goods