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Draft Defence DCBL & Dates

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Comments

  • mtrolley123
    mtrolley123 Posts: 15 Forumite
    10 Posts Name Dropper
    edited 2 October at 6:03PM
    Hi Grandad, I entered the car park late on the 12/10/25, pcn was the next morning on 13/10/25, I left about midday on the 13th.

    What are your thoughts on the witness statement? Do I just send this to the dcb legal, below was the letter I received.
  • mtrolley123
    mtrolley123 Posts: 15 Forumite
    10 Posts Name Dropper
    Hi Coupon, thanks do I just add that? How do I know it? What would you do with the video of the pay by phone still saying it's not working today? DO I have to attach it or just mention as I have?

    Do I just email this as is to the court email address and DCB legal?

    Thanks for your help 
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 October at 6:49PM
    "How do you know that" Research on here! From reading the conduct of litigation Mazur thread! New case law. Read it now. You'll see.

    Re the video, I would say in your WS that you will post it separately this week.

    Email your WS to DCB Legal and to the local court hearings/enquiries email and ideally by cc'ing DCB Legal into the same email, with a covering sentence saying that by cc'ing in DCB Legal the court can see service is confirmed as per the Order of Judge xxxxx dated XX/09/25

    Claim number obviously goes in the subject line and URGENT: FTAO Judge xxxxxx
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • mtrolley123
    mtrolley123 Posts: 15 Forumite
    10 Posts Name Dropper
    Hi Coupon Mad,

    I added the following and submitted

    32. The Particulars of Claim are signed by "Sarah Ensell". A search of the SRA Register does not identify any person of that name as an authorised solicitor. The Claimant is put to strict proof that the signatory was authorised to conduct litigation at the time of signature.

    33. If the signatory was not an authorised person, the claim is defective at inception. The verification of the POC is a core step in conducting litigation and cannot be delegated to an unauthorised individual, even under supervision. This falls squarely within the reasoning of Mazur.

    34. Further, there are serious public policy concerns about bulk claims being pursued via "fronted" arrangements. The High Court in Tactus Holdings Ltd (in admin) v Jordan & Ors [2025] EWHC 133 (Comm)confirmed that the doctrines of maintenance and champerty remain unlawful. Likewise, Farrar v Miller [2022] EWCA Civ 295 upheld that principle. If DCB Legal are funding, fronting or holding an interest in the outcome of these claims, that offends public policy.

    35. In such circumstances, the Court is respectfully invited to strike out the claim as improperly constituted and to award the Defendant's costs on the indemnity basis, given the wholly unreasonable manner in which the litigation has been pursued.


    Will I have any more paperwork to submit for costs before the hearing? I never received my original hearing letter? Am I supposed to do anything else before?












  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 October at 1:52PM
    You'll have to take a printout of Mazur with you because you didn't give the judge the full case name and citation.

    Anyway the important thing is:

     - you emailed your WS & exhibits to the LOCAL court (not the CNBC) email and cc'd in DCB Legal and confirmed in the body of the email that the attachments were hereby filed and served?

    If you didn't, you now have seven minutes to do so.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • mtrolley123
    mtrolley123 Posts: 15 Forumite
    10 Posts Name Dropper
    Thanks for all your help, I hope I did - I emailed chesterfieldcountycourt@justice.gov.uk at 12.34 with DCBL cc'd in and got a confirmation reply.

    Dear Sir or Madam,

    Please find attached my witness statement, evidence bundle and supporting video file (Evidence Exhibit MT5) for the above claim, in compliance with the courts order dated 23 September 2025.

    I confirm that these documents have also been served on the Claimants representatives today, who are copied into this email.

     

    Best Regards,

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