DCBL | Small Claim Court | CCBC | England

chumbasumba26

Stage: Notice of Small Claim

From: County Court Business Centre Northampton

Issue Date: 08/03/2023

Claimant: CP Plus (GROUP NEXUS)

Legal Agent: DCBL

Claim Amount: £290~

Incident: claimed to have overstayed motorway services parking 2hrs

Incident Year: 2019

Steps I will take (please sanity check)

1. Don’t panic – IN PROGRESS
2. Read the Newbie Guide here - DONE
3. Register on Moneyclaim website - DONE
4. Submitted AOS on Moneyclaim website - DONE
   
5. Understand Defence template thread - DONE
6. Draft Defence Letter - DONE
7. Digitally sign Defence Letter and Date - DONE
   
8. Submit Defence Letter to CBBC email before Mid April - DONE
   
9. Email Defence Letter to myself as proof before Mid April - DONE
10. Fill in Directions Questionnaire pre-emptively - IN PROGRESS
    
11. Wait for response - TODO

Any advice welcomed!


Updated

KeithP

Is that saying that you have filed an Acknowledgment of Service?
If so, upon what date did you do that?

What does 4 on that list mean?

KeithP

With a Claim Issue Date of 8th March, you have until Monday 27th March to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 11th April 2023 to file your Defence.

That's nearly four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

Do not state who was driving in the defence para 2.

And all DCB Legal claims at the moment can be easily defended by including the extra paras 4-11 as seen in the thread by @Johny86

Umkomaas

Coupon-mad said:

And all DCB Legal claims at the moment can be easily defended by including the extra paras 4-11 as seen in the thread by @Johny86

And those that are fully and robustly defended end up recorded on this thread:

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

B789

I don't think you need to do #7 as the CCBC do this. Only thing to make sure of when you do is what you've noted in #6.

Coupon-mad

chumbasumba26 said:

Submitted AOS today

I will update once I get permissions to edit posts

No.

That comes after a certain number of posts!

Anyway it is as easy as we said to draft your defence.  Very simple.

Boat_to_Bolivia

As @KeithP said what does no. 4 on your list mean.

As he pointed out from now on MCOL is READ ONLY. 

chumbasumba26

Boat_to_Bolivia said:

As @KeithP said what does no. 4 on your list mean.

As he pointed out from now on MCOL is READ ONLY. 

Hey, I have updated my original post.

chumbasumba26

Draft letter to MP
----------------------------------------------------------------------------------------------------------------------------------

Dear xxxxxx,

I come to you with a worrying issue brought about by the unscrupulous DCBL (Debt Collection Bailiffs Limited) on behalf of CP Plus (Nexus Group) car park management group.

On xxxxxx I was driving to xxxxx on the M6 at night and was tired, so decided to rest at the Road Chef in xxxxxx.

Several months later I was pursued by CP Plus for overstaying a two hour period at the motorway services.

Seeing as this is not enforceable as I have no contract with CP Plus, it was promptly ignored as being nothing more than a money grab.

Fast forward to this year, I have now received a small claims court form from DCBL, who have been subcontracted by CP Plus to make a small claim of the amount £xxxx. This amount is with implied damages and interest.

I have acknowledged this claim and intend to vigorously defend it through the small claims court process.

My hope is that you could write to these agents.

I will also be contacting your colleague across the bench, the Rt Hon. Mark Harper; minister for transport. As well as the CEO of Road Chef to highlight this shameless attempt to extort money from the public.

Motorway services are a haven and important to ensure safe driving on our roads, allowing this behaviour by car parking agents and their debt collectors is something our government should stamp out.

I believe there was a consultation currently underway with regards to Penalty charge notices.

Kind Regards,


xxxxxx

1. Just to confirm is this the active consultation on PCN? - link

2. Anything I should add to this letter?

Coupon-mad

The Minister for Transport is (kind of) the wrong Department, because whilst Motorway Services fall under the Dept for Transport, the new statutory regime being introduced soon regarding curbing the worst conduct of private parking firms comes only under the DLUHC (Michael Gove).

Remove this. The PCN is enforceable and this adds nothing to your position:

Seeing as this is not enforceable as I have no contract with CP Plus, it was promptly ignored as being nothing more than a money grab."

And I'm not sure which 'agents' you want your MP to write to.  Why not the landowner?