Update: Court proceedings discontinued - DCB Legal/Euro Car Parks - Defence Help

sparkeytec

thanks @Gr1pr - I'll be updating paragraph 2 so it finishes with:

 'it is admitted that the Defendant was the registered keeper.'

Is it also worth then adding the following after this in paragraph 2:

'The Defendant cannot, at this stage, confirm whether they were the driver on the date in question.'

If so I am planning to submit that with the following for paragraph 3:

3. The Defendant has no recollection of the alleged parking incident on the date in question. It was an unremarkable day with nothing memorable about the circumstances, and the Defendant is unable to recall any event that might relate to the claim. The Defendant cannot confirm whether they were the driver on that day. The Claimant has failed to provide photographic evidence or any other proof that the Defendant's vehicle was parked in breach of terms, or that a Parking Charge Notice was issued and visible on the vehicle. Without adequate evidence, the Defendant cannot verify the validity of the claim. Furthermore, the Claimant has not demonstrated that sufficient signage or terms were clearly displayed and visible to the Defendant or any driver of the vehicle on that day to create a binding contractual obligation. The Defendant also questions the Claimant's right to recover the alleged sums in light of unclear evidence of their legal standing or authority to operate on the land in question.

3.1. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 23/05/2019" (the date of the visit). While the Defendant was the registered keeper, it is denied that they are liable as there is no evidence to confirm a breach of prominent terms. The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. The Claimant is put to strict proof of all their allegations.

Coupon-mad

Yep - all looks good.  Doesn't matter that you know nothing about it because they'll discontinue in mid-2025 before the hearing.

sparkeytec

Defence now submitted as per guidance to:

ClaimResponses.CNBC@justice.gov.uk

The defence document is in format:
Times new roman
font size 12
1.5 line spacing
Signature and date added to the doc and then converted to pdf and attached to the email

sparkeytec

Hi

So the defence was submitted on time and according to MCOL this is the current history of the claim:

Case Stay Lifted on 09/01/2025

DQ sent to you on 09/01/2025

DQ filed by claimant on 09/01/2025

I have received a copy of DCB Legals N180 (dated 3rd Jan 2025) but I have not received my N180 form yet.

I see I can download a copy of the N180 from here:

https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track

My address has not changed. Is this something I need to be concerned about or leave things as is?

Coupon-mad

I'd download it and email it now because the CNBC reckon it was posted 4 weeks ago. We presume the Claim form didn't have an old address on it, so the CNBC must have your correct address? Must have gone astray.

sparkeytec

thanks @Coupon-mad, will do now

sparkeytec

Since my last update, the following has occurred:

Mediation call set for 26th March - a very simple call, lasted 5min. Claimant offered a reduction from £333 to £270, I offered £0 - call over

Following mediation, I received several missed calls from DCB Legal - no doubt trying to bluff me into paying

DCB Legal offer reduction - received an email from Morgan Falconer at DCB Legal offering to accept £60! Clearly now trying to have me pay for their costs of harrassing me

Court date set at the claim court of my choice for the 4th August

Email received from DCB Legal advising:

'Our client has instructed us to discontinue Court proceedings and close our file. Therefore, please find enclosed the Claimant’s N279 Notice of Discontinuance for your records.'

So thank you once again everyone on this forum - your hard work and dedicated time to help everyone against these unscrupulous so called lawyers is much appreciated

Coupon-mad

Great stuff. As expected but a relief for you!

ANOTHER ONE BITES THE DUST!

Please show us a screenshot of the attached NoD or we can't add it to the thread yet.

I'm sure you want your success counted?!

sparkeytec

No problem at all:

Coupon-mad

Yay! Thankyou. Now it can be counted.

Calling @Umkomaas