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Received N1 Claim Form - DCB Legal - Unsure what to do next

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  • Received N1 Claim Form - DCB Legal - Unsure what to do next

    Hi there i am wondering if someone is able to help me please. I have posted details of the N1 claim below but would like to understand, after i acknowledge the claim on moneyclaim and request for CCA and CPR. What do i do next? is there a potential of having a reduced out of court settlement or do i simply have to pay up after sending those documents? the parking charge was issued in 2020 on a hire vehicle (lease hire not a daily rental) and i was driving it. I only vaguely remember contesting it but then hearing nothing back. They now want £300 (rounded) up for a parking ticket?!


    Received a claim? Yes/No: Yes
    Issue Date:08 Dec 2023
    Have you Acknowledged the Claim?: No but i am about to
    Total Amount Claimed : £300
    Claimant’s Name: OBSERVICES PARKING
    Solicitors Firm: DCB LEGAL LTD
    Original Creditor: Unsure? it just says the road at which the car was parked on
    Original Debt (eg. Credit card/Loan/Overdraft) : PCN Parking charge
    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
    Defendant
    Particulars of Claim
    1. The Defendant (D) is indebted to the
    Claimant (C) for a Parking Charge(s) issued
    to vehicle {REDACTED} at r/o, {REDACTED}.
    2 The PCN(s) were issued on 21/05/2020
    3 The defendant is pursued as the driver of
    the vehicle for breach of the terms on the
    signs (the contract). Reason: Failure to
    display a valid permit in the front
    windscreen
    4. In the aiternative the defendant is
    pursued as the keeper pursuant to POFA 2012,
    Schedule 4 4.
    AND THE CLAIMANT CLAIMS
    1.{REDACTED} being the total of the PCN(S) and
    damages.
    2. Interest at a rate of 8% per annum
    pursuant to s.69 of the County Courts Act
    1984 from the date hereof at a daily rate of
    {REDACTED} until judgment or sooner payment.
    3. Costs and court fees


    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Cannot remember, i believe i contested the original PCN note but no other contact
    List any letters you have sent (eg: CCA/ CPR ): Haven't sent any yet but will be sending as per procedure
    Any Other Information or Background Details: I had a hire car and was sent a parking charge. I vaguely remember contesting it on grounds of negligence since i am health worker who was visiting a client. I found the charge to be exceptional and unfair given the circumstances but i do not remember hearing back from them.


    Tags: None

  • #2


    Acknowledge claim form
    Send SAR & cpr31.14 requests

    Do you still have the original PCN?
    Were you the registered keeper?

    Come back here when received (or by 5th Jan if nothing received) and we can help draft a defence for you

    Have a good Christmas

    Comment


    • #3
      Hi, please can someone assist as its now past 5th of Jan and i have not recieved anything.

      Fyi i sent all the documents along with the £1 postal order and have the reciepts.

      Many thanks

      Comment


      • #4
        Suggested defence below, but check it is true (eg para 6... full location of car park??)
        Complete dates etc and infill places where XXXXX


        DEFENCE
        1.The Defendant received the claim xxx from the CCBC on xxx

        2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

        3.This claim appears to be a parking charge following a breach of contract

        4.It is admitted that the Defendant is the registered keeper of Vehicle xxxx is reg

        5.The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess The Defendant's position with regards the claim.

        6.The Claimant’s Particulars of Claim do not state the full location of the car park where the alleged breach occurred

        7. The Claimant's Particulars of Claim are unclear on whether the Defendant was the driver or was the keeper of the vehicle at the time of the alleged incident.

        8.
        On the DD/mm/YY the Defendant sent a request for inspection of documents mentioned in the Claimant’s statement of case under Civil Procedure Rule 31.14 to XXXX.

        9. xxxx has not sent any of these documents to the Defendant.

        10.The Defendant respectfully requests the court orders the Claimant provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

        15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

        16.It is denied that the Claimant is entitled to the relief as claimed or at all.

        Statement of Truth

        I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

        Comment


        • #5
          Originally posted by des8 View Post
          Suggested defence below, but check it is true (eg para 6... full location of car park??)
          Complete dates etc and infill places where XXXXX


          DEFENCE
          1.The Defendant received the claim xxx from the CCBC on xxx

          2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

          3.This claim appears to be a parking charge following a breach of contract

          4.It is admitted that the Defendant is the registered keeper of Vehicle xxxx is reg

          5.The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess The Defendant's position with regards the claim.

          6.The Claimant’s Particulars of Claim do not state the full location of the car park where the alleged breach occurred

          7. The Claimant's Particulars of Claim are unclear on whether the Defendant was the driver or was the keeper of the vehicle at the time of the alleged incident.

          8.
          On the DD/mm/YY the Defendant sent a request for inspection of documents mentioned in the Claimant’s statement of case under Civil Procedure Rule 31.14 to XXXX.

          9. xxxx has not sent any of these documents to the Defendant.

          10.The Defendant respectfully requests the court orders the Claimant provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

          15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

          16.It is denied that the Claimant is entitled to the relief as claimed or at all.

          Statement of Truth

          I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
          Hi, can someone please help, i submitted this defense but have recieved a letter stating they want to proceed with the claim and its defense. Should i fill out the questionairre and seek settlement/mediation?

          Comment


          • #6
            This is standard practice.
            Presumably you have been told by DCB Legal that they intend to proceed , and have sent you a copy of their Directions Questionnaire.

            Have you heard directly from the court?


            Perhaps post up ALL the paperwork you have received, first removing name & address and registration number and reference numbers so we can see exactly the position

            Comment


            • #7
              Originally posted by des8 View Post
              This is standard practice.
              Presumably you have been told by DCB Legal that they intend to proceed , and have sent you a copy of their Directions Questionnaire.

              Have you heard directly from the court?


              Perhaps post up ALL the paperwork you have received, first removing name & address and registration number and reference numbers so we can see exactly the position
              hi, that's correct but i've only received a copy of the questionnaire from DCB legal. On the notice of proposed allocation to the small claims track it says i have till 3rd march 2024 to complete the N180 and send back. they have sent me a printed copy of the N180.

              i've read on the forum that i should put a cross/say no to the mediation and fill out online and send via email to both parties?

              thanks for your help!

              Comment


              • #8
                Could you please post up copies of all documents as per request in post 6, just so we do not misunderstand the situation?

                The N180 has to be filed in court and served on claimant.
                If you are prepared to compromise, then tick the box yes for mediation.
                Also request case is transferred to your home court as per CPR 26 3 (3) (doubtless DCB Legal have requested their home court, and a zoom hearing)

                Comment


                • #9
                  Hi, please see below .

                  Comment


                  • #10
                    Originally posted by holly18 View Post
                    Hi, please see below .
                    sorry, but nothing accessible!
                    suggest you upload to hosting site such as Imgur, and then post a link here

                    Comment

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                    SHORTCUTS


                    First Steps
                    Check dates
                    Income/Expenditure
                    Acknowledge Claim
                    CCA Request
                    CPR 31.14 Request
                    Subject Access Request Letter
                    Example Defence
                    Set Aside Application
                    Directions Questionnaire



                    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                    NOTE: If you receive a court claim note these dates in your calendar ...
                    Acknowledge Claim - within 14 days from Service

                    Defend Claim - within 28 days from Service (IF you acknowledged in time)

                    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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