Help - County Court Claim Form - DCB Legal for Buzz Bingo

suemj

I have receieved a Claim form form Northampton County Court for an outstanding PCN form Buzz Bingo in Fishponds in Bristol on 6 January this year.

Stupidly I didn't take any notice of the PCN's as I felt they were a real con.  Yes, I now know there are a load of parking notices up on site, but at the time I was in a very bad place and the last thing I was paying attention to was whether I could park there or not.  Basically I was on my way  home having visited by very sick 1 year old German Shepherd, that had been in the Vetirnary Hospital since Boxing Day and was beside myself thinking we were going to lose him.  I was driving and sobbing uncontrollably, to the point it was dangerous, so I pulled into the empty car park, to compose myself.  I was probably there about 15-20 minutes, before I felt able to continue my drive home.  I know that I should probably have tried to appeal the PCN at the time, but can see they'd think it was nothing but a sob story, which would really have upset and wound me up more and I listened to other friends who said, they just scare monger.

Anyway, now I have this Claim form that is dates 2 September and believe I have 14 days (plus 5 days from 2 September) to respond.

As I'm so scared of getting a CCJ against me, I would like to just settle the payment, but looking on the form, the details to pay are extremely vague.  It says Take or send the money to the claimant and the address is on the front of the form.  It does not give any details of any bank details to enable a bank transfer.  I don't have a cheque book and even if I did, it doesn't give details of whom it should be made out to.

Any advice on how I should best deal with this and find out how to settle within the time allowed.

Many thanks in advance. 

KeithP

If you have a claim with an Issue Date of 2nd September, you have until Monday 23rd September 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 Monday 7th October 2024 to file a Defence.

That's nearly three 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

As I'm so scared of getting a CCJ against me, I would like to just settle the payment,

Nonono. Nope! Absolutely not.

No you wouldn't.

This is easy. We have a template defence.

You WILL NOT get a CCJ. Not even if you lose (when you'd pay LESS).

And there won't even be a hearing!  DCB Legal just play a game of poker-face and if you do as we advise, they will discontinue the claim in 2025. No money due. No CCJ. Scam over.  This is when you win.

suemj

Thank you for your responses.  I submitted the Acknowledgement of Service and now have until 7 October to submit my defence.  Am I right in thinking its the following that I use - from what I can work out, I mainly add in my defendant details/facts on what happened in paragraph 3 and then the pretty much keep the rest, then sign and date at the end - or are there more paragraphs I should be editing/deleting?  Then once I've signed and dated it, then email to ClaimResponses.CNBC@justice.gov.uk?  Sorry if I've misunderstood anything - it's all very complicated to me. 

IIN THE COUNTY COURT

Claim No.:  [Removed by Forum Team]

Between

CP Plus Ltd T/A Groupnexus

(Claimant) 

- and -  

Input my full name.                                                                    

 (Defendant)

_________________

DEFENCE

 

1.  The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was in breach of any term.  Further, it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the boilerplate text in the Particulars of Claim ('the POC').

The facts known to the Defendant:

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver.

3. The Defendant recollects pulling off the main Fishponds Road, in Bristol, as they were not in a safe mind set to continue driving.  There was torrential rain, adversely affecting the Defendant’s vision.  This along with the Defendant sobbing inconsolably, meant the Defendant needed to pull over to a safe place whilst they composed themselves – They had just come from the Veterinary hospital where their one year old German Shepherd was critically ill and had been since 26 December 2023. The Defendant remained within the empty car park, where the business was closed for approximately 15 minutes before being able to safely continue with their travels. The Defendant was not aware of any signs, due to poor lighting and the circumstances which lead to them pulling off the road. 

Note - As my statement stands at the moment - I have kept in the whole of the content in your templated from #4 through to #30 and then also kept final paragraph, then signed and dates.  My question is do I keep in all of the points form 4 to 30, or should I be deleting/changing anything - apologies, but finding it very confusing.

Coupon-mad

Please don't show us our template. Just your bit please.

suemj

Coupon-mad said:

Please don't show us our template. Just your bit please.

Sorry - I'm just trying to make sure I understand properly. I've edited my post to show the parts I've edited and asking the question about points number 4 to 30 - as to what is to be included/excluded/changed - I'm really struggling to understand.  I'm also freaking out at the having to go to court.

KeithP

suemj said:

Coupon-mad said:

Please don't show us our template. Just your bit please.

Sorry - I'm just trying to make sure I understand properly. I've edited my post to show the parts I've edited and asking the question about points number 4 to 30 - as to what is to be included/excluded/changed - I'm really struggling to understand.  I'm also freaking out at the having to go to court.

Keep all the points in the template.

No need for any freaking out. Have a look at this short video...
www.youtube.com/watch?v=n93eoaxhzpU
Just three or four people sitting round a table having a discussion.

Gr1pr

All of the template is submitted 

You are replacing or editing paragraphs 2 & 3, usually 

We need to see the paragraphs you have edited or replaced, nothing else 

We don't need to see the unchanged rest of the template, but once your paragraphs are approved you replace the ones in the template with your own, making the final document a full defence, with around 30 paragraphs in total 

Capiche. ?

So your edited post of just the changed paragraphs is what we require to give you advice, thank you 

Trainerman

suemj said:

Coupon-mad said:

Please don't show us our template. Just your bit please.

Sorry - I'm just trying to make sure I understand properly. I've edited my post to show the parts I've edited and asking the question about points number 4 to 30 - as to what is to be included/excluded/changed - I'm really struggling to understand.  I'm also freaking out at the having to go to court.

Yes include all the points and make sure your numbering is correct, Do not be terrified of Court, it is not like the TV, just a discussion between people.

As a fellow German Shepherd lover, I hope I am not putting my foot in it by asking how the dog is now ?

suemj

Trainerman said:

As a fellow German Shepherd lover, I hope I am not putting my foot in it by asking how the dog is now ?

No you're not putting your foot in it, he's now 22 months old and doing great, keeping me on my toes but the most gorgeous boy.  It was the most horrendouse few weeks and £12,500 lighter..... but thankfully, somehow he pulled through.  I'm just an ultra paranoid dog mum now though, as we never got to the bottom of what caused him to be so critically ill. Thanks for asking. 

suemj

Gr1pr said:

All of the template is submitted 

You are replacing or editing paragraphs 2 & 3, usually 

We need to see the paragraphs you have edited or replaced, nothing else 

We don't need to see the unchanged rest of the template, but once your paragraphs are approved you replace the ones in the template with your own, making the final document a full defence, with around 30 paragraphs in total 

Capiche. ?

So your edited post of just the changed paragraphs is what we require to give you advice, thank you 

So are the two paragraphs I've edited OK?