Help with defence against DCB

Coupon-mad

Yep we knew all of this already (putting those words in the subject line is probably in one of the threads I linked) but it's good that they reassured you and gave the correct info.

defender001

Of course now I got more letters from DCB Legal (saying I lost and have one month to pay in order to save my credit record) and still no word from the Court... I will wait another couple of days and call them again. That will be 10 days from the "unprocessed documents" e-mail. How can the court mess up so badly!?

Coupon-mad

Terrible isn't it?

Did you lodge a complaint also with HMCTS because they act fairly quickly and can lean on the CNBC.

defender001

Hi! I lodged a complaint with the HMCTS. Coincidently, I believe, the next day I got an e-mail saying that a District Judge has ordered that the judgement be set aside.

Today I got a a letter from the CNBC reiterating this. Amongst other things, it says:

IT IS ORDERED:

The Judgement be set aside because the Defendant had filed a Response prior to the Court entering Judgement. Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.

I'm now a bit confused. Do I still need to do anything or just wait?

defender001

To follow up: I think everything is fine. I got a follow up letter from HMCTS saying that the receipt of my defence has been acknowledged and sent to the claimant. Also that the ball is in their court to indicate whether they want to follow up or not. I am fairly sure they will, so the saga continues!

Castle

defender001 said:

Hi! I lodged a complaint with the HMCTS. Coincidently, I believe, the next day I got an e-mail saying that a District Judge has ordered that the judgement be set aside.

Today I got a a letter from the CNBC reiterating this. Amongst other things, it says:

IT IS ORDERED:

The Judgement be set aside because the Defendant had filed a Response prior to the Court entering Judgement. Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.

I'm now a bit confused. Do I still need to do anything or just wait?

Check your MCOL claim history on Monday which should show the re-instatement of your defence.

defender001

Check your MCOL claim history on Monday which should show the re-instatement of your defence.

I forgot to reply: yep, it's there! There are 3 entries showing up in MCOL, all with the same date:

1. An application to set aside (remove) judgment was submitted to the court on 21/06/2025
2. The application to set aside (remove) judgment was granted on 21/06/2025
3. Your defence was received on 21/06/2025

No signs of DCB Legal following up yet... I wonder if they even review the defence before carrying on just to put us through the entire process... I'm really keen on countersuing them when this is all over.

Coupon-mad

It will be too late to try a counterclaim. Should have been added into the defence.

defender001

Hello again! Just thought of posting an update: DCB Legal did follow up, and I receive the N180. I have downloaded the PDF, filled it up, signed it (print+scan) and sent it via e-mail to DQ.CNBC@justice.gov.uk as well as Cc'ing both response@dcblegal.co.uk and info@dcblegal.co.uk.

I didn't receive any automatic responses, though. I saw in some posts that people said they got "confirmation" (not sure if that's an automatic response or not). Do let me know if you think I need to look into it.

Regarding the counter claim: if you recall, my case is a bit different because I don't think the parking enforcement we have in this residential area is legal at all. That's what I'm really hoping to fight. If they drop my case before a hearing, then I want to sue them back (either for my time invested in this, if possible, or for the abuse itself).

Coupon-mad

You need an auto-receipt from the CNBC. Did you include the dot? Send it again.

We hope while your case is quiet that you can find time to respond with us to the Public Consultation, which is now open for August.

What parking operators do is is a national disgrace and a drain on Society, in terms of money and anxiety. To be part of the push to change things in future, it's very important that people like you tell the Government that:

a) motorists have no faith in POPLA or the IAS and that there must be a SINGLE APPEALS SERVICE that people trust. The sector is crying out for an independent and impartial appeals service - not two involved in a race to the bottom - that will give a real option to resolve disputed cases out of court. 

b).  THE ENRICHMENT OF 'DEBT RECOVERY FEES' MUST BE COMPLETELY BANNED. CASES ARE NOT SOLVED BY DEMANDING MORE MONEY AND OFFERING A 'PAYMENT PLAN' THAT ONLY THE VULNERABLE PAY. DRAS LIKE DCB LEGAL MAKE NO MONEY IF THEY HANDLE DISPUTES IN THE SPIRIT OF THE APPEALS CHARTER, WHICH IS WHY THEY ALWAYS PLOUGH ON TO COURT CLAIMS AND CCJs, RATHER THAN OFFERING REAL RESOLUTION AT PRE-ACTION STAGE. THEY OFFER NOTHING, NO LEGITIMATE OPTION TO KEEP CASES OUT OF COURT.

Responses are invited to the Consultation now:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-8-weeks-from-11th-july-2025/p1

IWe will discuss it further next week on that thread if you want more focus.