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G24 DCB Legal court claim

13

Comments

  • ohjessydontbehasty
    ohjessydontbehasty Posts: 18 Forumite
    Seventh Anniversary 10 Posts
    Just wanted to double check something:

    There's a place on MCOL to start a defence. I've not gone through the process just yet, but I'd assume this sends it to the relevant place once submitted.

    However, the guidance provided by KeithP in post one of this thread suggests I need to email the defence. 

    My question is, which route is best to follow? Or do they essentially lead to the same place?
  • Also, drafted my paragraph 3, if anyone could be so kind as to check it makes sense.

    3. Regarding the Particulars of Claim, the Defendant is unable to identify a clear cause of action due to the vague and incoherent wording, which fails to comply with Civil Procedure Rule 16.4 and the relevant Practice Directions. However, the Defendant avers that the parking charge at the heart of this dispute was cancelled by the landowner, following a direct complaint from the Defendant.

    3.1 The landowner (LANDOWNER NAME) confirmed in writing that the PCN issued by G24 Ltd was cancelled at their request. Despite this, G24 continued to process the case and failed to instruct DCB Legal to cease debt recovery action. The Claimant (or their instructed legal representatives) has therefore knowingly pursued a cancelled PCN, which amounts to unreasonable and vexatious conduct. The Defendant contends that there is no outstanding debt, no contractual breach, and that the Claimant has no cause of action.
  • Gr1pr
    Gr1pr Posts: 8,825 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 5 May at 1:17PM
    The final defence is too big for the archaic online mcol system,  plus the formatting is destroyed too, not good 

    You should follow the expert advice on here closely, to avoid making a fubar, the CNBC added email services over a year ago to allow a proper detailed submission ,especiallyfor larger documents,  so you will be emailing it to claim responses,  as a pdf document,  for proper logging on their system , like KeithP wisely stated,  so same as all the others 

    Ps, please change your thread title to something more suitable like 

    G24 DCB Legal court claim 
  • Coupon-mad
    Coupon-mad Posts: 152,788 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 May at 1:50PM


    ohjessydontbehasty said:

     I've attached the redacted form above.
    I have an email from the landowner saying they've cancelled the ticket on the 27th March 2025.

    --------------------

    Just wanted to double check something:

    There's a place on MCOL to start a defence. I've not gone through the process just yet, but I'd assume this sends it to the relevant place once submitted.

    However, the guidance provided by KeithP in post one of this thread suggests I need to email the defence. 

    My question is, which route is best to follow? Or do they essentially lead to the same place?
    Whilst we don't actually recommend it, in your case you could do a (shorter) defence on MCOL because the crux of defence is that the landowner cancelled this charge in March.

    However, the template defence won't fit.

    So, you could (if it's easier for you to get it done) put that into paragraph 3 then remove paragraph 10 onwards from the Template Defence and remove the top headings and the statement of truth (none of this extra stuff is needed if putting in a defence on MCOL).

    Up to you.
    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
  • Thanks, have changed the title. Will follow the steps to email as recommended - would rather do it right!
  • I've just noticed that there's a spelling error in my surname (nothing too different, an additional letter in my surname) - I've traced this back to the logbook of the vehicle which also had this spelling error. Have since changed vehicles and corrected it then. 

    I've submitted my AOS using the correct spelling, however the original form from the court has the incorrect spelling. My question is, when drafting out the defence and I name myself as the defendant, do I use the correct spelling, or the one to match the original form?!

    Apologies if this is a daft question! I'd obviously use the correct spelling but I don't want to cause further issues down the line.
  • Coupon-mad
    Coupon-mad Posts: 152,788 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 May at 11:50AM
    Use the correct spelling.

    If you are putting a shorter defence in online (not by email) you aren't putting any heading anyway so you can start with your own short paragraph 1 explaining the correct spelling.

    DO NOT 'SUBMIT' ONLY THAT THOUGH!

    Then continue with the defence: maybe try the first 14 or 15 paragraphs of the template defence (renumbered to suit) with your facts about the cancelled PCN in paragraph 3. See if it fits.

    Only submit once you are happy you've fitted into the defence box, all you can, in full sentences. Cut stuff out to make whole sentences fit. Use as much of the template as you can. 
    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
  • lozli
    lozli Posts: 13 Forumite
    10 Posts Name Dropper
    I have the same claim form and the same at Meadowhall retail park. Even the Issue date is the same.. They must be batch processing an entire bunch over there. Not sure why mine is about £5 cheaper though. 

    Just got a quick question before I go into specifics.. Should I create a new thread for my case or is it ok to piggy
    back off this one as its related? 

    Where are you in the process @ohjessydontbehasty? And do you have the contact details for the landowner? I am not sure if its too late for me to contact them though. Got an email from DCBLegal saying they are going to proceed. So I am in the N180 - Directions Questionnaire phase.


    Thanks

  • Coupon-mad
    Coupon-mad Posts: 152,788 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You do need your own thread!  :)
    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
  • Just providing an update on this (for myself to keep track, and for others who have been following)

    • Submitted defence via email. Included supporting evidence stating the ticket was cancelled.
    • Received a letter from DCB Legal saying that their Client (G24) had reviewed my Defence and intended to proceed with the claim.
    • Filled in the Directions Questionnaire and emailed to CNBC and DCB Legal - have received automatic replies. 
    • Waiting to hear from a mediator next. 

    Thanks Coupon-mad and Gr1pr for your guidance so far! 
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