DQ N180 form stage/DCB Legal fight.

PPCDefeater

Thanks. I have alrssdy sent this though and we'll past the defence stage. Just wanted to know if this made any negative difference to me

Coupon-mad

PPCDefeater said:

Hey everyone.

I am at mediation stage and my appointment is on the 11th March. I've read that DCB legal 99% of the time discontinue after this stage. Looking forward to it!

Out of curiosity though, I thought I'd share my defence. I'm well past that stage now I know, but after I did a bit more reading after I submitted my defence I was worried incase I messed it up? 

This fine occurred because I paid for a ticket but I overstayed. I feel like I may have messed paragraph 3 up. It mentions how they basically lacked the due diligence to ensure my addresses were correct at the time they sent the fines and allowed them to escalate.




Below is the paragraph that I added to the original defence.



IN THE COUNTY COURT
Claim No.:  xxxxxxx
Between
EURO CAR PARKS LIMITED
(Claimant) 
- and -  
Xxxxxxxxxx                  
 (Defendant)
_________________
DEFENCE


The facts known to the Defendant:



3. The Defendant was first made aware of the alleged contravention on 23rd June 2023, when ZZPS, acting on behalf of the Claimant, contacted the Defendant regarding an alleged parking incident dated 24th August 2022. The correspondence was addressed to one of the Defendant's previous addresses, xxxxxxxxxxx Prior to this, the Defendant had received no Parking Charge Notices (PCNs) or subsequent correspondence from the Claimant. The Defendant acknowledges a delay in updating the vehicle’s registered address after moving from xxxxxxxxxxx. However, this does not excuse the Claimant's failure to verify the Defendant’s current address before escalating the matter.
The Defendant moved again on 24th February 2024, to xxxxxxxxxx, and updated the vehicle logbook details promptly after the move. Despite this, the Claimant failed to take reasonable steps to ensure the Defendant could be contacted, resulting in significant delays and confusion. No further correspondence was received until the Defendant was contacted by DCBL (Debt Collectors Bailiff Ltd) on 11th June 2024. This extended gap in communication highlights a lack of due diligence by both the Claimant and DCBL, particularly as the Claimant had access to updated address information via the DVLA.
Moreover, by continuing to send correspondence to outdated addresses, the Claimant breached the Defendant’s data rights under GDPR. The improper handling of personal data and failure to verify updated information prevented the Defendant from responding to or appealing the PCN within a reasonable timeframe. The Defendant only became aware of the escalating situation when former neighbors alerted them to the misdirected letters, at which point the appeal process had already passed, making it impossible for the Defendant to engage with or resolve the matter prior to litigation.

On 18th November , the defendant requested that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').
The Solicitor responded on 27th November explaining that the Defendant has 30 days from date of the email to pay, but the courts were not notified of any breathing space being allocated.




It's all signed and dated etc. 


What do you think? I'm worried that I may have blindly copied and pasted a little.

Any defence will do v ECP when they use DCB Legal but you should really have responded to the POC and put them to strict proof.

If this was an alleged overstay of paid-for time, you should read the MSE article from yesterday about the demise of the unfair '5 minute rule'.

PPCDefeater

Coupon-mad said:

PPCDefeater said:

Hey everyone.

I am at mediation stage and my appointment is on the 11th March. I've read that DCB legal 99% of the time discontinue after this stage. Looking forward to it!

Out of curiosity though, I thought I'd share my defence. I'm well past that stage now I know, but after I did a bit more reading after I submitted my defence I was worried incase I messed it up? 

This fine occurred because I paid for a ticket but I overstayed. I feel like I may have messed paragraph 3 up. It mentions how they basically lacked the due diligence to ensure my addresses were correct at the time they sent the fines and allowed them to escalate.




Below is the paragraph that I added to the original defence.



IN THE COUNTY COURT
Claim No.:  xxxxxxx
Between
EURO CAR PARKS LIMITED
(Claimant) 
- and -  
Xxxxxxxxxx                  
 (Defendant)
_________________
DEFENCE


The facts known to the Defendant:



3. The Defendant was first made aware of the alleged contravention on 23rd June 2023, when ZZPS, acting on behalf of the Claimant, contacted the Defendant regarding an alleged parking incident dated 24th August 2022. The correspondence was addressed to one of the Defendant's previous addresses, xxxxxxxxxxx Prior to this, the Defendant had received no Parking Charge Notices (PCNs) or subsequent correspondence from the Claimant. The Defendant acknowledges a delay in updating the vehicle’s registered address after moving from xxxxxxxxxxx. However, this does not excuse the Claimant's failure to verify the Defendant’s current address before escalating the matter.
The Defendant moved again on 24th February 2024, to xxxxxxxxxx, and updated the vehicle logbook details promptly after the move. Despite this, the Claimant failed to take reasonable steps to ensure the Defendant could be contacted, resulting in significant delays and confusion. No further correspondence was received until the Defendant was contacted by DCBL (Debt Collectors Bailiff Ltd) on 11th June 2024. This extended gap in communication highlights a lack of due diligence by both the Claimant and DCBL, particularly as the Claimant had access to updated address information via the DVLA.
Moreover, by continuing to send correspondence to outdated addresses, the Claimant breached the Defendant’s data rights under GDPR. The improper handling of personal data and failure to verify updated information prevented the Defendant from responding to or appealing the PCN within a reasonable timeframe. The Defendant only became aware of the escalating situation when former neighbors alerted them to the misdirected letters, at which point the appeal process had already passed, making it impossible for the Defendant to engage with or resolve the matter prior to litigation.

On 18th November , the defendant requested that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').
The Solicitor responded on 27th November explaining that the Defendant has 30 days from date of the email to pay, but the courts were not notified of any breathing space being allocated.




It's all signed and dated etc. 


What do you think? I'm worried that I may have blindly copied and pasted a little.

Any defence will do v ECP when they use DCB Legal but you should really have responded to the POC and put them to strict proof.

If this was an alleged overstay of paid-for time, you should read the MSE article from yesterday about the demise of the unfair '5 minute rule'.

I think it's overstayed almost an hour because I forgot lol.

PPCDefeater

Good morning everyone. I have my mediation appointment tomorrow between 9:30-12:30.

Is there any advice on what to say and what not to say ? I know as much as if they ask am I looking to settle I say NO. Do I need to write down a brief summary of what the case is ? 

PPCDefeater

This is the email they sent me


Appointment date: 11/03/2025

Appointment time slot: 09:30 to 12:30

Your confidential telephone mediation appointment has been booked for the above date and time slot. This means that the mediator will call you between the times shown. Your appointment will last for around one hour from the point at which the mediator calls.

The mediator will call both parties separately – you will not talk directly to the other side. They will try to help you both come to an agreement before the case goes to court.

Where your mediation appointment is mandatory, If you do not attend the appointment, the judge will take this into consideration at any court hearing and may issue a penalty. This could include the judge automatically ruling in the other party’s favour or ordering you to pay for some or all the other party’s costs.

Preparing for your appointment

You must make sure you have provided us with, or confirmed, the name and number of the person who will be conducting the mediation appointment. If you have not done this, or need to update your telephone number, you should contact us using the details at the end of this letter no less than 5 working days before your mediation appointment. Failure to do so may result in your mediation appointment not taking place and may result in a Judge issuing a penalty where the mediation was mandatory.

The mediator will call from a withheld number. Make sure that withheld numbers are not blocked on your phone.

Be ready to receive a call from the mediator from the beginning of your time slot. The mediator will call the telephone number you provided in your application.

If the mediator cannot contact you within 10 minutes of the appointment start, the appointment will be cancelled and you may, where mediation is mandatory, face a penalty for non-attendance.

Rebooking your appointment

If you need to rebook your appointment, you must have a good reason. The administration team will only consider rebooking in exceptional circumstances, such as an accident or a family bereavement. You must let us know as soon as possible.

Nominating a different representative

If you want someone else to represent you at mediation (like a trusted friend, relative or a solicitor) you must contact the mediation team

If you want to choose someone to attend your mediation appointment on your behalf who is not a part of the claim or is not a legal representative, you will also need to complete a delegated authority form. You can find out more about this on GOV.UK.

Your representative must know the facts of the case, understand how far you’re willing to compromise and have full authority to act on your behalf. You’re legally bound to any settlement agreements your representative makes on your behalf.

What happens in your mediation appointment?

Introduction from the mediator

The mediator will introduce themselves and check that you have read and understood the mediation process.

Explaining your position

You will need to briefly explain your claim or defence to the mediator. You should prepare for yourself a brief summary of the main points.

Negotiating options 

You’re attending mediation with a view to settling your case. This means negotiating to overcome disputed issues. The mediator is neutral and helps each party to explore options and discuss risks. Mediation works when you’re willing to listen to what the other party has to say, negotiate and agree a settlement.

Building agreement

Settlement can be in many different forms, for example, payment, goods or work. Both parties must agree on the outcome and feel they have reached an acceptable resolution.

Reaching a settlement

The mediator will read the terms of the settlement and confirm agreement with each party. Once agreed, the settlement is legally binding and cannot be changed. A copy of the mediation settlement is sent to both parties and placed on the court file.

Confidentiality

All mediation appointments are confidential. An agreed settlement includes a standard confidentiality clause.

Ending the mediation process

The mediator can end the mediation if, at any time:

• either party breaches the terms on which they agreed to mediation
• there is no prospect that the mediation will end in settlement
• the mediator deems it inappropriate to continue in the case that one or both parties are vulnerable users
• either party asks to end mediation

Find out more about Small Claims Mediation by watching our video HERE. Find out more in the guide to the Small Claims Mediation Service on GOV.UK.

Small Claims Mediation Service contact details

If you have any complaints or issues to raise about the Mediation Service, contact us by email or telephone:

Email:  scmreferrals@justice.gov.uk

Telephone: 0300 123 4593

Monday to Friday, 9am to 5pm

We record our calls for monitoring and training as it helps improve the service we deliver. If you want to know more about how we handle your personal data, visit https://www.gov.uk/government/collections/your-data-and-how-we-use-it

If you want to make a complaint by email, clearly title your message as ‘complaint’ in the subject field. 

---

Coupon-mad

No summary, no preparation. What do you need to know that's not already in the two links about what to say at Mediation, in the Template Defence first 12 steps?

PPCDefeater

Coupon-mad said:

No summary, no preparation. What do you need to know that's not already in the two links about what to say at Mediation, in the Template Defence first 12 steps?

Ok I'll just give the summary of defence when prompt and offer no compromise and Zero payment.

Coupon-mad

No summary of defence AT ALL.

PPCDefeater

Coupon-mad said:

PPCDefeater said:

Hey everyone.

I am at mediation stage and my appointment is on the 11th March. I've read that DCB legal 99% of the time discontinue after this stage. Looking forward to it!

Out of curiosity though, I thought I'd share my defence. I'm well past that stage now I know, but after I did a bit more reading after I submitted my defence I was worried incase I messed it up? 

This fine occurred because I paid for a ticket but I overstayed. I feel like I may have messed paragraph 3 up. It mentions how they basically lacked the due diligence to ensure my addresses were correct at the time they sent the fines and allowed them to escalate.




Below is the paragraph that I added to the original defence.



IN THE COUNTY COURT
Claim No.:  xxxxxxx
Between
EURO CAR PARKS LIMITED
(Claimant) 
- and -  
Xxxxxxxxxx                  
 (Defendant)
_________________
DEFENCE


The facts known to the Defendant:



3. The Defendant was first made aware of the alleged contravention on 23rd June 2023, when ZZPS, acting on behalf of the Claimant, contacted the Defendant regarding an alleged parking incident dated 24th August 2022. The correspondence was addressed to one of the Defendant's previous addresses, xxxxxxxxxxx Prior to this, the Defendant had received no Parking Charge Notices (PCNs) or subsequent correspondence from the Claimant. The Defendant acknowledges a delay in updating the vehicle’s registered address after moving from xxxxxxxxxxx. However, this does not excuse the Claimant's failure to verify the Defendant’s current address before escalating the matter.
The Defendant moved again on 24th February 2024, to xxxxxxxxxx, and updated the vehicle logbook details promptly after the move. Despite this, the Claimant failed to take reasonable steps to ensure the Defendant could be contacted, resulting in significant delays and confusion. No further correspondence was received until the Defendant was contacted by DCBL (Debt Collectors Bailiff Ltd) on 11th June 2024. This extended gap in communication highlights a lack of due diligence by both the Claimant and DCBL, particularly as the Claimant had access to updated address information via the DVLA.
Moreover, by continuing to send correspondence to outdated addresses, the Claimant breached the Defendant’s data rights under GDPR. The improper handling of personal data and failure to verify updated information prevented the Defendant from responding to or appealing the PCN within a reasonable timeframe. The Defendant only became aware of the escalating situation when former neighbors alerted them to the misdirected letters, at which point the appeal process had already passed, making it impossible for the Defendant to engage with or resolve the matter prior to litigation.

On 18th November , the defendant requested that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').
The Solicitor responded on 27th November explaining that the Defendant has 30 days from date of the email to pay, but the courts were not notified of any breathing space being allocated.




It's all signed and dated etc. 


What do you think? I'm worried that I may have blindly copied and pasted a little.

Any defence will do v ECP when they use DCB Legal but you should really have responded to the POC and put them to strict proof.

If this was an alleged overstay of paid-for time, you should read the MSE article from yesterday about the demise of the unfair '5 minute rule'.

Are you saying I have now missed that opportunity to respond to that but won't matter cause it's DCB legal and they'll discontinue anyway but if we're to get a parking charge for a case like this in the future I need to respond to the POC in any future defences?

ChirpyChicken

With mediation tell them zero offer and that's the end of the call