DCBL county court claim

Wanda_Woman

Fruitcake said:

This is the latest version of the template. Use all of it. Make sure you correctly spell the name of the claimant, because you have missed off a letter in your previous version. It must exactly match, letter for letter, word for word, the name on the claim form.

Template defence to adapt for all parking cases where they add false admin costs - edited March 2022 — MoneySavingExpert Forum

Delete paragraphs 2 and 3.

Replace with new paragraphs 2 and 3,

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question, but liability is denied.

3. The defendant visited the car park at Llangrannog on the material date, paid for one hour, and displayed the ticket as required. The defendant later decided to extend their stay, and attempted to pay for a further hour but was unable to do so due to lack of correct change. The pay machine did not accept card payments, but there was an option to pay by 'phone. 
The defendant attempted to pay by this method but was unable to do so as there was no mobile 'phone service available at the site. As a result, a frustration of contract occurred because the defendant was unable to pay in accordance with the posted terms and conditions due to the claimant failing to ensure this alternative method of payment was actually available.



Refer to the 12 steps from the first post of the template defence thread. The first 6 are here, but once you have submitted your defence, you should review steps 7 -12 so you know what to do at each stage.


If you have no access to a scanner, then put an electronic signature in it. When you are happy with it, your defence is to be filed via email as suggested here:

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk but due to the CCBC's dysfunctional systems, only do this during working hours (a weekday) and you MUST get an acknowledgement.  Also copy in the parking firm's legal team or solicitors, whose email you can find on any other thread about the same law firm.
5. Just put the claim number (check it very carefully) and the word Defence in the email title, and in the body of the email something like 'URGENT RE CLAIM XXXXXXXX - Please find my Defence attached,
6. IMPORTANT - MAKE SURE YOU GET AN EMAIL ACKNOWLEDGEMENT BACK FROM THE CCBC! 

Fruitcake, here is a previous message from you in which you tell me to use the quoted email address for CCBC.

I used that one last week in office hours - CCBCAQ@Justice.gov.uk

If i use an invalid email i always get a postmaster warning, none has been recieved by me yet

so this morning i used ccbc@justice.gov.uk from this page - https://www.find-court-tribunal.service.gov.uk/courts/county-court-business-centre-ccbc

What else do i have to do? deliver it by hand and get a blood stained signature?

Coupon-mad

As I said above.

We know what we are talking about. Dozens of people have had default CCJs due to this known CCBC email failure 'black hole' that we are trying to rescue you from.

ALL of them used the correct email recipient, just as you did, but got no acknowledgement. 

NONE of them got a postmaster bounce-back.

ALL of them suffered a default CCJ then had to argue the toss with the CCBC for months.

Umkomaas

I dont have an alternative email address, havent needed one in 18 years, this one works just fine, always

There are reported 'failures' with gmail and hotmail addresses, not sure if yours is one of these?

Wanda_Woman

I will send TWO paper copies by royal mail, one registered, one recorded delivery to CCBC Northampton office

i cannot be reasonably expected to do more than that

I could have claimed i never recieved the notice of action via the post. it was a regular envelope.

Its all so one sided, like they just want you to default and fail

KeithP

Clearly you are right to do what you think best but please consider the following...

You would be unwise to send anything to a parking company, their solicitors or debt collectors using any service that requires a signature.

It might also be considered foolish to send any large organisation, e.g. the County Court Business Centre, a letter by any service that requires a signature.

If you want or need to use Royal Mail, then send it by standard first class post obtaining a free Certificate of Posting from the Post Office counter. The item is deemed delivered two working days later.

Keep that Certificate of Posting as proof.

Coupon-mad

There is no such thing as registered post. One set is quite enough.

Not_A_Hope

If you have given up on sending it to the ccbcaq email address it might be worth spending a few minutes checking the MCOL status of the claim before going to the bother of printing and posting via Royal Mail

Le_Kirk

It is: -
CCBCAQ@Justice.gov.uk

Wanda_Woman

I sent the papers off to court and had a receipt.

This morning ive received a letter from DCBL explaining their client intends to proceed with the claim

It goes on to say without prejudice, their client may be prepared to settle this case, and if i wish to discuss, call within 7 days

Do i call and see what they are offering or go to county court?

Fruitcake

Never, ever 'phone a PPC or any of their agents. A 'phone call is not worth the paper upon which it is writ. The people at the other end will record the conversation and use it against you if they hear anything to their advantage and to your detriment. They will also bully and badger you, try to get you to admit liability, and try to get you to agree a payment that will be higher than a judge is likely to come up with even if you lose.
Nobody here will suggest you pay anything unless a judge tells you to, and even then it is likely to be less than the PPC are claiming, so in my opinion you would be better off losing in court than agreeing to pay now.

Of course, if you win you will end up paying nothing, and might even come away to up to £95 for your trouble.