DCM Legal Ltd Claim Form-Civil National Business Centre

abz_anony

Dear All

The following form has been received (photo's attached ). I'm going to read though the sticky section again but can the experienced members provide brief input regarding the deadlines I have to submit the paperwork/response by, from memory wh I last read the sticky section it was about a month from the issue date?
I'm at AoS and Defence stage. Have I missed any important deadlines- claim was issued on 28th Jan 2025. Was dealing with very important family matters and hence delay in dealing with this.

Thank you

abz_anony

Bit confused about the Jurisdiction bit on MCOL---having read the drop box on the sticky section about filling in MCol online form Step 9 read ---Do not contest jurisdiction if you live outside UK courts and want your local courts to deal with this..

So that would imply I tick this box as I live in the UK? Bit confused about the guidance
I've screenshotted the relevant guidance on drop box:

Umkomaas

If you live in the UK, you do not contest jurisdiction. 

Forum regular @KeithP will be along shortly to give you your key dates. Have you Acknowledged Service (AoS) yet?  If so, on what date? If not, get on with that now as you're running close to deadline day for that (19 days from Date of Issue), that will get you an additional 14 days to work up and submit your Defence. 

KeithP

With a Claim Issue Date of 28th January, you have until Monday 17th February 2025 to file an Acknowledgment of Service('AOS'), but there is nothing to be gained by delaying it. 

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

Having filed an AOS in a timely manner, you have until 4pm on Monday 3rd March 2025 to file a Defence.

That's almost 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 AOS guidance.

Don't miss the deadline for filing an AOS, nor that for filing a Defence.

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

abz_anony

Thank you Umkomaas and KeithP, I have filed AOS, working on defence now.
Will post para 2 and 3 in due course for critique.
Thank you again

Coupon-mad

Just copy the standard paragraph 3 in the thread by @shahib_02

abz_anony

Hi All. Delicate family matters/hospital visits etc and and therefore not been able to draft my defence until now.

My deadline is 3pm 3rd March. Can you please critique my defence:

PoC: 
Particulars of Claim 1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge issued to vehicle XXXXXXX at XXXXXX Car Park.

2. The PCN(s) were issued on 24/06/2021
3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Minimum Charge Not Paid/Overstayed The Maximum Time Paid
4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule  4.
AND THE CLAIMANT CLAIMS
1. £170 being the total of the PCN(s) and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.02 until judgment or sooner payment.
3. Costs and court fees

Defence draft: (With personal details redacted)


IN THE COUNTY COURT

Claim No.:  *********

Between

Secure Parking Solutions Ltd

(Claimant) 

- and -  

XXXXXXX                        

 (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 at the time.

3.     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 24/06/2021.  Whilst the Defendant is the registered keeper and driver , paragraph 4 is denied. The Defendant is not liable and has seen no evidence of 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 of their allegations.

3.1 The Defendant had to attend a life-threatening medical emergency at the given location for a very short duration. The Defendant has informed, by way of an appeal, the Claimant about this situation but the appeal has been rejected. (version 1)

OR

The Defendant had to attend a life-threatening medical emergency at the given location for a very short duration. The Defendant has informed the Claimant about this situation but the Parking Charge has not been cancelled. (version 2)

For para 3.1 I can go with either version.

Coupon-mad

Either looks fine!

abz_anony

THE FIRST 12 STEPS:

1. Print your Defence if you are physically signing it.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf, OR if you have no access to a scanner/printer then put an electronic signature in.
   
4. Send your signed & dated pdf as an email attachment to ClaimResponses.CNBC@justice.gov.uk (the second one in the image above) but you MUST get an acknowledgement straight back or it is NOT submitted.

I'm going to electronically submit defence using PDF attachment in an email to CNBC. Is that OK and do I need to copy in DCB Legal Ltd? ?

Also will CNBC automatically respond to my email with defence attachment to confirm they have received the defence?

Finally the Claimant in questions is Secure Parking Solutions Ltd represented by DCB Legal. I used Shahib_02 defence but notice that that his Claimant was CEL represented by DCB Legal. Is it OK to used para 2 and 3 as shown above or do I need to tweak it to the following format?

Preliminary matter: The claim should be struck out

2. The Defendant draws to the attention of the allocating Judge that there is now a persuasive Appeal judgment to support striking out the claim (in these exact circumstances of typically poorly pleaded private parking claims, and the extant PoC seen here are far worse than the one seen on Appeal).  The Defendant believes that dismissing this meritless claim is the correct course, with the Overriding Objective in mind.  Bulk litigators (legal firms) should know better than to make little or no attempt to comply with the Practice Direction.  By continuing to plead cases with generic auto-fill unspecific wording, private parking firms should not be surprised when courts strike out their claims based in the following persuasive authority.

3. A recent persuasive appeal judgment in Civil Enforcement Limited v Chan (Ref. E7GM9W44) would indicate the POC fails to comply with Civil Procedure Rule 16.4 and Practice Direction Part 16. On the 15th August 2023, in the cited case, HHJ Murch held that 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and in view of the Chan judgment, the Court should strike out the claim, using its powers pursuant to CPR 3.4

Thank you for your help.

KeithP

abz_anony said:

I'm going to electronically submit defence using PDF attachment in an email to CNBC. Is that OK

That is exactly what was suggested in my post on your thread on 11 February at 6:05PM.

abz_anony said:

...and do I need to copy in DCB Legal Ltd?

Nowhere is that suggestion made.

abz_anony said:

Also will CNBC automatically respond to my email with defence attachment to confirm they have received the defence?

Read again what you posted earlier in this very same post...

abz_anony said:

THE FIRST 12 STEPS:
Send your signed & dated pdf as an email attachment to ClaimResponses.CNBC@justice.gov.uk (the second one in the image above) but you MUST get an acknowledgement straight back or it is NOT submitted.

Your answer is there.   

abz_anony

Keith, Coupan-Mad and other contributors and guiders

Much indebted to you. Everything is prepared and have just emailed CNBC, have to go work at 8 am so not sure if would have got time before 3 pm to make any adjustment-- one last thing to be doubly sure,

Claimant in question is Secure Parking Solutions Ltd represented by DCB Legal. I used Shahib_02 defence below but notice that his Claimant was CEL represented by DCB Legal. 

Can you please advise if this is OK.
  

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 at the time.

3.     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 24/06/2021.  Whilst the Defendant is the registered keeper and driver , paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of 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 of their allegations.

3.1 The Defendant had to attend a life-threatening medical emergency at the given location for a very short duration. The Defendant has informed the Claimant about this situation but the Parking Charge has not been cancelled,