DCB Legal County court claim form

Autumn62304

Hi

I'm new to this forum and really struggle with paperwork so please bare with me. I lost my partner last year and he used to deal with all of our paperwork and bills.

Since his death I am struggling with concentration and keeping on top of what needs to be paid or addressed. I have mounting debts because I left things unattended and unopened following his sudden death at a young age.

I've received a county court business centre claim form (DCB LEGAL) with an issue date of 20 Sept 2022.

It's regarding an unpaid pcn from last year.

I don't remember the circumstances on the day they claim we overstayed but it would have been with my mother who suffers with disabilities. I'm

her full time carer and she is very slow when shopping. She has a blue badge but didn't at the time, although she has been in receipt of disability benefits since long before the pcn.

I've read through the newbies thread but wasn't sure if I still need to send a SAR since I've already received a county court claim form?

I know I need to fill out the AOS and plan to do that today.

Please be patient in your responses. I have 6 tabs open on here where I'm trying to wrap my head around what I need to do now and I really appreciate

the help from this website and forum!

KeithP

Autumn62304 said:

I've received a county court business centre claim form (DCB LEGAL) with an issue date of 20 Sept 2022.

I know I need to fill out the AOS and plan to do that today.

Hello and welcome.

Unfortunately you have left it a little late to be thinking about filing an Acknowledgment of Service.

With a Claim Issue Date of 20th September, you had until Monday 10th October to file an Acknowledgment of Service or file a Defence.

Since 4pm on Monday 10th October the Claimant has been free to seek a Default Judgment against you.

If they seek and get that Judgment before you have filed a Defence, then they win the race - it's game over - you lose.

Check your MCOL Claim History to see if there is a Judgment against you. 
If there is, then you can ignore the rest of this post.

On the other hand if you file a Defence before the Claimant actually gets that Default Judgment, then you win this heat and go through to the next round.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Do not try and file a Defence via the MoneyClaimOnline website. From now on the MCOL website should be treated as 'read only'.

Autumn62304

Hi, thank you for the reply. Damn it, I thought it was too late.

I had an appointment with citizens advice last month because of the mounting debts and they put me into something called breathing space, I wonder if that makes a difference? it runs until next month.

Do I have to register with the MCOL website to check the claim history?

Autumn62304

Right, so I've joined and looked on the MCOL website and it says under claim history that a claim was issued against me (and the date of the claim) and then has the options to start AOS, start defence etc.

So no point in starting an AOS I should just try and get a defence emailed asap?

KeithP

Autumn62304 said:

So no point in starting an AOS I should just try and get a defence emailed asap?

That's exactly right.
The good news is that nothing untoward will happen overnight.

Best try to get a Defence filed tomorrow - as soon after 8am as possible.

Should only take a couple of hours to create two short paragraphs to insert in the template Defence.

Autumn62304

Great, thank you. I'll do that and hope for the best.

Umkomaas

Just get your defence in, that is most important where DCB Legal are involved.  Why?  Read the following thread. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

1505grandad

Who is the claimant?

Autumn62304

1505grandad said:

Who is the claimant?

Cp Plus Ltd T/a Groupnexus

Autumn62304

Umkomaas said:

Just get your defence in, that is most important where DCB Legal are involved.  Why?  Read the following thread.

Well that's positive atleast. I'm going to work on it tonight and get it in first thing. Thanks.

Coupon-mad

Put this as your para 3 onwards then re-number the rest of the template below, to suit:

3.  The Defendant does not remember the circumstances on the day they claim the apparently 'fixed' time limit (unknown to the Defendant) was 'overstayed'.  However, at this location it would have been a shopping visit with the Defendant's mother who suffers with disabilities. The Defendant is her full time carer and she is very slow when shopping. She has a blue badge now but even but at the time she would indisputably have met the definition of disability, having been mobility impaired and in receipt of disability benefits since long before the date in question.

4.  The Defendant would like to draw attention to protections under the Equality Act 2010 (EA) point 2.20(3) and other provisions.  The Defendant considers that the time limitation imposed is an unfair term in that it does not account for the additional time taken to carry out normal day-to-day activities with a passenger with ‘protected characteristics’. 

5.  The applicable law and the statutory EHRC Equality Act Code of Practice regarding a Service Provider's obligation to take steps in advance to avoid indirect discrimination, means that this Claimant should have made available a prominently communicated mechanism to enable disabled customers/carers to claim a ‘reasonable adjustment’ of extra parking time on site.  Car park provisions that must be provided by Service Providers at locations where the public are invited, do not stop at physical adjustments such as a wider bay. Increasing/relaxing fixed time limits for those disabled persons who need to take longer than an able-bodied person to carry out activities is covered by the EA and has a specific example in the EHRC Statutory Code of Practice (see the example about 'tours').

6.  Whilst the fixed policy of a free parking time may be sufficient for able-bodied patrons if the shops, this is not sufficient for the Defendant's mother's needs.  The vehicle should be exempt from unlawful allegations of ‘overstay’ and the Claimant has failed in its statutory duty to make 'reasonable adjustments' to remove such barriers and find a workable system to adjust fixed policies that may cause detriment, harassment and unfair cost to those with protected characteristics and their carers.

7.  There is no lawful justification nor excuse for causing indirect discrimination to the disabled public 'at large', by a trader saying 'we didn't know'. Avoiding indirect discrimination is not dependent upon the trader being informed about the needs of individual disabled people. It is an anticipatory duty enshrined in law and could have been easily and inexpensively addressed by clear signage offering disabled or mobility impaired visitors more time, for example by registering the VRM on a 'white list' inside the stores.  

8.  No such reasonable adjustment was made available by this Claimant on any signs, thus the fixed time limit term is void for illegality due to a clear EA breach of duty.  Contractual terms cannot override disability law which protects all persons with relevant protected characteristics and their carers.