DCB Legal Smart Parking claim - Missed Defence Deadline - CCJ

faizers78

Hi all,

I need some urgent advice on a parking charge that has escalated.

• I received a Letter of Claim from DCB Legal regarding an alleged parking charge.

• Unfortunately, I did not respond in time as I was not in England. 

• By the time I saw the claim, the deadline to file a defense had already passed. The day after my arrival after, I received a HM Courts & Tribunals Service claim form with additional fees added.

I have not submitted a defense and I am now concerned about what happens next.

What options do I have at this stage to avoid or minimize paying the full amount? Is there any way I can challenge this now, or am I too late?

Any guidance would be appreciated.

Thanks,

Nellymoser

When was your defence due to be filed? 
Have you tried checking your claim history on MCOL it may show if a CCJ by default has been issued. 

faizers78

Thank you for your response @Nellymoser

I’m not sure about the “defence due” date. The letter from the DCB is dated 25th July, but I was away from England from 24th July until 27th August, so I only saw it when I got back. The letter from court has an issue date of 27th August.

I haven’t filed anything with the court yet. I saw the DCB Legal letter yesterday and the court letter arrived today.

I don’t understand how to check my claim history on MCOL – could someone explain how I do that?

Castle

faizers78 said:

Thank you for your response @Nellymoser

I’m not sure about the “defence due” date. The letter from the DCB is dated 25th July, but I was away from England from 24th July until 27th August, so I only saw it when I got back. The letter from court has an issue date of 27th August.

I haven’t filed anything with the court yet. I saw the DCB Legal letter yesterday and the court letter arrived today.

I don’t understand how to check my claim history on MCOL – could someone explain how I do that?

Please post up a copy of the court letter dated 27th August, (redacted as necessary); it's probably a claim form.

Gr1pr

Login to MCOL via your government gateway account and copy and paste your claim history below 

Your password and claim reference number can be found on your N1SDT claim form,  on the right hand side,  top and bottom 

Nellymoser

So if you don't know when your defence was due what makes you think you've missed it?What exactly is the letter from the court with an issue date 27th Aug? Is it a Claim form and pack from CNBC?

Read NEWBIES Announcement thread POST 2 Small Claim.

Coupon-mad

If you just received a claim form dated last week you are clearly in time to defend.

Le_Kirk

Look on the (back of the) N1SDT claim form where it states: -

You must send either the completed acknowledgment of service form or a defence to the court within 14 days of the date of service. If you send the acknowledgment of service you must send a defence to the court to arrive no later than 28 days from the date of service.

 Date of service is 5 days after date of issue.  Of course if you use MCOL you do not have to send any forms but do it online.

faizers78

Hi @Nellymoser, @Castle and all
I am a bit confused by all this, attached are all the letters I received, including the DCB legal which I received while away and the court letters received Friday.

Thank you all for the help! Please advise on what I should/can do next.

Castle

Do your AOS tomorrow, which will then give you a deadline of Monday 29th September for your defence.

(PS; you have left a password showing on the claim form.)

Coupon-mad

What to do to defend a bog standard (doomed) parking claim is already fully covered in post 2 of the NEWBIES thread.