PCN - Defence Submission

JayEFC

Just a quick update. I received an email acknowledgement when my defence was submitted so all good. I then received an acknowledgement letter last week. Interesting that it does not give a date when my defence was sent to the claimant, but just that the claimant must contact the courts within 28 days (from when?). 




 

Coupon-mad

But this is standard and covered by the first 12 steps already.  Those steps are in the Template Defence thread to stop posters having to ask for advice for 4 or 5 months (WS stage is when people need advice next).

JayEFC

Hi, just a quick update. I have had contact from DCB Legal advising that 'they have reviewed the content of my defence and intend to proceed with the claim'. Which is what I expected. They included their N180. However, I have not yet received the N180 for me to complete? Should I have received it by now. I am a bit worried that I haven't received anything yet the claimant has? Should I contact the Northampton Business Centre or is this usual practice.

Gr1pr

Check your MCOL claim history online,  like you would with a bank statement 

The CNBC will post it when they are ready 

JayEFC

Gr1pr said:

Check your MCOL claim history online,  like you would with a bank statement 

The CNBC will post it when they are ready 

Thank you. Just checked and there is no further update so I assume I sit and wait to receive the N180?

Gr1pr

Correct,  but check that history weekly,  waiting for the CNBC to update it,  which they will when they post a blank N180 to you 

Keep following the 12 steps, it'd proceeding normally,  slowly,  busy department 

Coupon-mad

Again, this is standard and covered by the first 12 steps in the Template Defence thread already. I even give a suggested timeline there, for this stage.

Those steps are in the Template Defence thread to stop posters having to ask for advice for 4 or 5 months (WS stage is when people need advice next).

See you in a few months.

JayEFC

Hi,

N180 form has now been received and I am currently completing it. The sections appear slightly different to those in the Template Defence but largely the information required is consistent. Just one question in relation to...

Section D Suitability for determination without a hearing

D1 Do you consider that this claim is suitable for determination without a hearing, such as; by a judge reading and considering the case papers, witness statements and other documents filed by the parties, making a decision, and giving a note of reasons for that decision?

The guidance template refers specifically to Gladstone's specific approach but am I right to assume this applies to whoever the claimant is and the answer should be No. They ask for a reason, so I was thinking the following (lifted from the template)...The Defendant requests that the case be listed for an oral hearing at the defendant's home court, pursuant to CPR 26.2A(3).

Any advice/guidance would be appreciated. 

Coupon-mad

This is already covered in the Newbies thread which is why I said 'see you in a few months' at WS stage.

Coupon-mad

JayEFC said:

In essence, I actually paid for the parking but was late by c35 minutes due to the app playing up.

N180 form has now been received 

Defence shows full parking was paid for:

Did you read that the '5 minute rule' (that CEL are relying on in your case) was officially declared an unfair practice and banned last month?

https://www.moneysavingexpert.com/news/2025/02/private-parking-charges-five-minute-rule/

https://forums.moneysavingexpert.com/discussion/6586172/news-on-the-5-minute-rule/p1

If not yet discontinued, send DCB Legal an email saying you'll seek full costs and will alert the Judge to the banning of the '5 minute rule'.