DCB Legal on behalf of G24 claim

duckie245

Hello everyone,

I've been reading through all of your help and advice, however, I fear I've found you all too late. Here is my situations:

- DCB Legal on behalf of G24 made a claim against me
- I wrote a defence on the MCOL portal (I've now read that I should have used your template and sent via email..)
- It's been over 28 days and there's no update on the portal, however, DCB Legal sent me an email saying they will still proceed and sent me their completed DQ (which I've now read that it's pretty standard).

Now I'm in this position I'm wondering if I could get advice on what to do next.. help is really appreciated!  

Gr1pr

You follow the 12 steps in the defence template thread,  at the moment checking the portal for developments like the CNBC posting your N180 DQ document to you, then keep following the 12 steps 

Meanwhile,  post a redacted copy of the defence that you submitted to MCOL via the portal 

duckie245

Thanks - here is a copy of my defence:

How much of the claim do you dispute?

I dispute the full amount claimed as shown on the claim form.

 

Do you dispute this claim because you have already paid it?

No, for other reasons.

 

Defence

1. I am the Defendant in this matter. I deny liability for the
entirety of the claim and put the Claimant to strict proof of all
allegations made against me.

2. The alleged contravention occurred while I was an active and
paying member of the Better Gym at the location in question. I had
legitimate business on the premises and was fully entitled to park
in the car park, which forms part of the amenities provided to gym
members.

3. I contend that the signage at the site was unclear and/or did
not adequately explain any terms and conditions regarding the
parking rights of gym users. If there were conditions restricting
parking for gym members, these were not sufficiently prominent or
visible to constitute a contract.

4. I further put the Claimant to strict proof that:
a) A valid contract was formed between myself and G24;
b) Adequate signage was in place and visible from my point of
entry;
c) The Claimant had legal standing to offer contracts and bring
this claim in their own name;
d) The charge is a genuine pre-estimate of loss or otherwise
represents a lawful penalty under contract law.

5. I dispute that the Claimant’s charge is enforceable under the
Protection of Freedoms Act 2012 Schedule 4, as they have failed to
demonstrate full compliance with the statutory requirements
regarding notice to keeper and the identification of the driver.

6. As a paying member of the gym, I reasonably believed I had an
implied licence to park, and no loss has been incurred by the
Claimant as a result of my use of the space.

7. I have evidence from the gym to confirm my membership status at
the time and requested their assistance in resolving the matter. I
am willing to provide documentation confirming my membership and
regular visits to the premises during the relevant period.

8. The Claimant’s legal representatives have issued this claim
without reasonable cause and failed to engage meaningfully with
any pre-action dispute resolution process, in contravention of the
Pre-Action Protocol for Debt Claims.

9. I reserve the right to amend and/or supplement this defence as
necessary in response to further information or evidence provided
by the Claimant.

Coupon-mad

Not bad. Sit tight and check MCOL history weekly at this stage, to see when the CNBC are posting the N180 to you.

Follow the 12 steps. 

duckie245

Phew! Thank you for reading and will do

duckie245

I've just emailed my completed DQ to DQ.CNBC@justice.gov.uk. Do I have to also send it to DCB Legal and G24?

Coupon-mad

No. Follow the 12 steps which tell all.

duckie245

To update, I just had my mediation. 

The call started with the mediator saying my defence is just a template defence and that they'll settle for £240.

I went back with £5, they can back with £200.
I then went back with £10 and they said they'd only accept an offer in triple digits.  
I said £20 is the final offer which they rejected and the mediation we left unsettled. 

Is this normal / as expected? 

Gr1pr

Totally normal, the claim will now proceed in the usual manner 

Coupon-mad

duckie245 said:

To update, I just had my mediation. 

The call started with the mediator saying my defence is just a template defence and that they'll settle for £240.

I went back with £5, they can back with £200.
I then went back with £10 and they said they'd only accept an offer in triple digits.  
I said £20 is the final offer which they rejected and the mediation we left unsettled. 

Is this normal / as expected? 

Yes. Nicely done.

Some more court papers will come (you'll prepare your WS and evidence) and then DCB Legal will finally discontinue. The PCN will die a death and there will be no hearing, no CCJ and no costs.

While your case is quiet, we need you:

It's very important that people like you - let down by POPLA - join us to reply to the new Public Consultation, to tell the Government NOW that:

a) you have no faith in POPLA or the IAS and that there must be the SINGLE APPEALS SERVICE that the Parking (Code of Practice) Act 2019 promised the public. As long as it is independent (and only ONE 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).  THAT THE ENRICHMENT OF 'DEBT RECOVERY FEES' MUST BE COMPLETELY BANNED. DISPUTED CASES ARE NOT SOLVED BY A THIRD PARTY DEMANDING MORE MONEY AND OFFERING A POINTLESS 'PAYMENT PLAN'! 

c). Tell them about your experience and that your case is now at court stage, precisely because (a) and (b) above mean there is no option, no safeguard for consumers EXCEPT court claims, where DCB Legal will (as usual) feign to proceed, then they'll discontinue. Wasting everyone's time. Also, cases are going to court because DCB Legal are touting for bulk old PCN data from years ago (I assume your PCN was from several years ago?). Tell the Government this is what's happening and it is why so many cases are feeding to 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

Do it in August pleeease! We will discuss it all in more detail in the coming weeks on that thread so do come back in a fortnight.

duckie245

Thanks for sharing coupon mad. Yes this PCN was from 2019 and clearly sending it out just before it expires. My case has now been transferred to my local court - I will now join you to reply to the new Public Consultation