DCB Legal £9,000 Smart Parking Claim – Need Help Fighting Back

Johnersh

This claim form has NOT been served correctly if D was in prison when the claim form landed and the Claimant was on notice of that fact. The claimant needs to issue and serve proceedings on the prison governor.
They can do that whilst limitation hasn't expired. 

Ideally an acknowledgement of service would not have been completed. In theory, that step has remedied the defect. Did the defendant sign and authorise that? If a spouse signed it, that is arguably defective as they are neither the litigant nor an authorised representative.

Coupon-mad

Maybe they didn't do an AOS first?

A4BZ

We did not do an acknowledge of service and followed instructions on the claim form and submitted a transparent and honest defence of our circumstances and history via MCOL.

I received the N181 from the court today so I will fill this out at the weekend with a covering letter or attachment if I send via email stating the address change required to the prison and requesting small claims not fast track.

ChirpyChicken - 

I am still slightly confused of the purpose of an N244 in my situation, am I submitting this to request the court to review my partners situation again, redirect post to him and make the address change as well as requesting that he (or I acting as him) can submit a new defence as the last we submitted via MCOL was inadequate.  I am
not sure what other defence I would submit with this N244 document that is stronger than the last as I was completely transparent about his potion in prison, historic address changes in a short time span and no recollection of receiving the majority of these PCNs due to an extremely hectic lifestyle (not an excuse) and constant movement. 

A4BZ

Hi all, 
just an update I have filed the EX160 and got the reference number, I await the confirmation of help with fees for Andrew to then file the N244.
I assume I attach my new defence alongside the N244.

Could ChirpyChicken or someone assist me with drafting this new amended defence please?

I have also emailed litigation@DCB requesting clarity on whom Sarah Ensall is and what qualifications she holds to have been authorised to sign off the initial claim form and send forward the pre-filled N181 from them.

I will complete the N181 the court sent over themselves and return it within the next few days stating a request in stay of proceedings until Andrew is released, address change to the prison and request for small claims not fast track.

Thanks and I’ll await a response.

A4BZ

Quick update on my case

I’ve now completed the N181 Directions Questionnaire that the court sent me (not filed yet, but it’s ready). I will attach a wetransfer link here as it will not let me upload PDF files, the link expires in 3 days.  Please let me know if required and I will re-upload: https://we.tl/t-g7jFWp05s5

In the N181 I’ve:

• Requested a stay in proceedings given Andrew’s incarceration (since Feb 2024).
• Asked for an address change so all service goes to HMP High Point.
• Requested Small Claims track, as the issues are simple (private parking, signage/contract/quantum) and the pleaded sums are grossly inflated (from £9,010 up to ~£12,000 with add-ons).
• Pointed out non-receipt of the original PCNs and that the Claimant hasn’t yet provided evidence of them.
• Noted three residential addresses in the last four years, plus two prison addresses (HMP Pentonville and HMP High Point), which explains why notices weren’t reliably received.
• Referred to Andrew’s serious brain injury (Oct 2023) which directly affected how post/admin were handled at the time. This is backed by medical records (Royal London Hospital, GP, psychiatric report) and was used in mitigation at sentencing.

I’ve also completed an EX160 (Help with Fees) application to cover the N244 fee. The N244 will include an Amended Defence Statement, pulling all of the above together and formally requesting:

• permission to amend the defence
• a stay until Andrew’s release (earliest Q1 2028, possibly longer)
• confirmation of service address as HMP High Point
• and an order requiring DCB to confirm whether Sarah Ensall was properly authorised to conduct litigation when signing the claim paperwork.

I’ve already written to litigation@dcblegal.co.uk and their other inboxes to ask for confirmation on Ms Ensall’s authority, but no reply so far.

Everything (N181, N244 with Amended Defence, and EX160 reference) will be emailed together to the court before the 20th October deadline. For clarity, the correct email address is ccbc@justice.gov.uk (Civil National Business Centre).

If anyone has time to glance over the N181 (attached) or share views on the Amended Defence approach, I’d really appreciate it. I just want to make sure I’ve not missed anything crucial before filing.

Thanks again for all the help so far — it’s been invaluable.

Le_Kirk

A4BZ said:

Everything (N181, N244 with Amended Defence, and EX160 reference) will be emailed together to the court before the 20th October deadline. For clarity, the correct email address is ccbc@justice.gov.uk (Civil National Business Centre).

I don't think this is the correct email address (unless you have been given this from the CNBC); all email addresses are in the Template Defence thread: -
https://forums.moneysavingexpert.com/discussion/6108153/template-defence-to-adapt-for-all-parking-cases-with-added-admin-dra-costs-edited-in-2025/p1

Spirity

doubledotcom said:

Signing/issuing ordinarily counts as conducting litigation. If she was not authorised/exempt, this is an irregular reserved act under the Legal Services Act 2007. Carrying on a reserved legal activity when not authorised may breach s.14 LSA 2007 which is an offence.

You should send a short request to DCB Legal’s COLP because that is the firm’s compliance officer responsible for ensuring the firm follows SRA rules and for recording/reporting breaches. At DCB Legal, the COLP is Rebecca Horton-Grainger, a solicitor regulated by the SRA. 

Hello doubledotdown,

How did you discover the COLP at DCB Legal is Rebecca Horton-Grainger, please?

Sara Ensall also signed the official claim form against me, so I also wish to request information from DCB Legal COPL. 

On DCB Legal Team I see no RHG (and SRA and Law Society records suggest she works at Moor side), but there is a Steph Clements, Head of Risk & Compliance.

ChirpyChicken

No your only making an application to log a proper defence. Most of what you have stated is irrelevant in relation to the claim and has no relevance 
The correct address for the DQ is dq.cnbc@justice.gov.uk
In addition most of what you are stating has no relevant to an allocation form
So log your application with your new defence which deals with the facts only about the claim
I would suggest you remove any waffle about non relevant matters.

A4BZ

The N244 is an application to log an amended defence so I assume I attach my amended defence alongside the N244 as I attached in my
previous post for you.

I do not understand this process and unsure if you mean I should simply log the N244 requesting to file another defence (as my partner or on his behalf) and await their response, what happens after they process my N244, would I not need to file another document to them outlining my defence or they would request I file this via the MCOL again?

Whilst you stated a lot of the information as ‘waffle’ it has relevance to why PCNs would have been missed due to address changes and extenuating circumstances alongside at the time.  I have also mentioned lack of clear signage as well as a lack of evidence put forward regarding said PCNs and their grossly inflated value.  I’m not sure what else I could file alongside this.  

doubledotcom

Spirity said:

doubledotcom said:

Signing/issuing ordinarily counts as conducting litigation. If she was not authorised/exempt, this is an irregular reserved act under the Legal Services Act 2007. Carrying on a reserved legal activity when not authorised may breach s.14 LSA 2007 which is an offence.

You should send a short request to DCB Legal’s COLP because that is the firm’s compliance officer responsible for ensuring the firm follows SRA rules and for recording/reporting breaches. At DCB Legal, the COLP is Rebecca Horton-Grainger, a solicitor regulated by the SRA. 

Hello doubledotdown,

How did you discover the COLP at DCB Legal is Rebecca Horton-Grainger, please?

Sara Ensall also signed the official claim form against me, so I also wish to request information from DCB Legal COPL. 

On DCB Legal Team I see no RHG (and SRA and Law Society records suggest she works at Moor side), but there is a Steph Clements, Head of Risk & Compliance.

My bad. I gave youth COLP for Moorside Legal, an even more murky bulk litigator. For DCB Legal The SRA’s ABS register lists David Croot as Head of Legal Practice (HOLP) for DCB Legal Ltd — the ABS equivalent of a COLP.