DCBLegal + total car parks ltd - witness statement stage (submitted)

Castle

What date was the hearing fee due?

ScammingIndustry

Thank you guys! I'll double check, but I am sure hearing fee was due on 27/02/2026.

ScammingIndustry

DCBLegal called me again to get me to pay even though it's been struck off, stating they are not aware of any strike off. proper scammers!

Car1980

You can of course formulate a pack with evidence of their conduct and write to the judge requesting an order be made as to costs for unreasonable behaviour.

£24 an hour is the rate.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81934001#Comment_81934001

Good call. Very good idea.

ScammingIndustry

Morning guys, I've now received a N244 application notice, along with a witness statement and a draft order.

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What do i reply? and how should i go about it.

ScammingIndustry

This is what I have so far, I am open to feedback.

IN THE [….]

Claim No: [Claim Number]

BETWEEN: [Claimant Name]

(Claimant)

-and-

[Your Name]

(Defendant)

WITNESS STATEMENT OF [NAME]

I, [Name], being the Defendant in this matter, WILL SAY as follows:

1. I make this witness statement in opposition to the Claimant’s application dated [Date of their N244] for relief from sanctions following the strike-out of their claim on [Date of Strike-Out Order].
2. The claim was struck out due to the Claimant's failure to comply with the Court’s order to pay the required hearing fee by [Original Deadline Date].

The Denton Test

3. In considering an application for relief from sanctions under CPR 3.9, the Court must apply the three-stage test set out in Denton v TH White Ltd [2014] EWCA Civ 906.

Stage 1: Seriousness and Significance

4. The breach is both serious and significant. The failure to pay court fees directly impacts the administration of justice and the court’s resources. The claim was properly struck out in accordance with CPR 3.7 (or the specific order given). Furthermore, it is clear to see the incompetence shown by the claimant’s qualified solicitor by using wrong legal terminology by asking for adjournment on an already struck out case.

Stage 2: Why the Default Occurred

5. The Claimant has failed to provide a "good reason" for the breach. As a firm of qualified solicitors, the Claimant is expected to be well-versed in the Civil Procedure Rules and the importance of court deadlines.

6. Administrative oversight or "forgetting" to pay a fee is not a sufficient reason for a professional legal representative (Mitchell v News Group Newspapers Ltd [2013]).

Stage 3: All the Circumstances of the Case

7. It is submitted that it is not just or proportionate to grant relief. I have acted in good faith and followed all court directions. The Claimant’s failure has caused unnecessary delay and has forced me to expend further time and effort responding to this application. The Claimant is a firm of qualified solicitors. They were fully aware of the deadline for the hearing fee. The Court has already issued an Order striking out the claim and vacating the hearing. To set aside this order now would undermine the Court’s authority and the finality of litigation."

8. If the Court is minded to grant relief despite the lack of a good reason, I respectfully request that such relief be conditional on the Claimant paying my costs of this application of £313 "in any event," pursuant to the Court's powers under CPR 44.

Statement of Truth

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed: __________________________ Dated: __________________________

Coupon-mad

"paying my costs of this application of £313"

You aren't making an application?

Show us their WS.

ScammingIndustry

https://forums.moneysavingexpert.com/discussion/comment/81935317#Comment_81935317

Alright understood! i thought i had to pay to do a counter application. just realised it would just be a reply to their N244 thus no fee.

Would i need to fill out any forms to reply?

Castle

OP

Can you post up a copy of the Hearing order dated 29/12/25 please.