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Hi @
merweetntr. Welcome to the form. I’ve had a quick review of the case.
You filed your Defence over seven months ago. The court acknowledged it. Since then, you have received nothing further from the court.
In defended small claims, the next procedural step should normally be a Notice of Proposed Allocation together with Form N180 (Directions Questionnaire). In comparable parking claims issued by DCB Legal, that step typically occurs within weeks or a few months. A seven-month silence is irregular.
However, irregular does not mean unlawful, defective, or dangerous. At present, your position is this:
- You have filed a valid Defence.
- The court has acknowledged it.
- No judgment can be entered against you.
- No deadline is currently running against you.
- You are not required to take any action.
The claim is dormant. Dormant simply means inactive. It has not progressed to allocation. No order has been made. It has not been struck out. It has not been stayed.
A stayed claim is different. A stay is a formal procedural pause under the Civil Procedure Rules. The most common example is CPR 15.11, which applies when a claimant fails to file their Directions Questionnaire after the court issues allocation notices. Once stayed, the claimant must apply and pay a fee to revive the claim.
You have not received a stay order. Therefore this is dormancy, not a stay. The practical consequences are important:
- Because you have defended the claim, default judgment is impossible.
- Because the court has not issued allocation directions, there is nothing for you to comply with.
- Because no hearing has been listed, there is no risk of the case progressing behind your back.
- You are not in danger. You are in limbo — and limbo is procedurally safe.
As for DCB Legal’s recent response about the Mazur point: that correspondence has no procedural effect. It does not move the case forward. It does not change your position. It is simply a regulatory issue you raised. The claim’s progress is controlled by the court’s allocation system, not by that exchange.
Now the strategic question. You have two options:
1. Do nothing.
This is often sensible. Many defended parking claims of this type never reach a hearing. If the court does eventually issue an N180, you complete and return it. Until then, there is nothing to do.
2. Send a neutral status enquiry to the Civil National Business Centre.
This would simply ask:
Quote:“Please confirm the current procedural status of Claim [number], as a Defence was filed on [date] and no Notice of Proposed Allocation has been received.”
Be aware that doing this may cause the file to move. What you should not do:
- Do not contact DCB Legal.
- Do not attempt to negotiate.
- Do not assume the claim has been discontinued unless you receive formal notice.
- Do not file anything further unless ordered.
The key reassurance for you is this:
You have defended the claim. That locks the case into the normal small-claims procedure. The claimant cannot obtain judgment without either:
- You failing to comply with a future court order; or
- You losing at a hearing.
Neither of those things can happen without you being formally notified and given deadlines.
Yes, seven months of silence is unsatisfactory. It leaves you in procedural limbo. But it does not place you at risk.
At present, the case is simply inactive and you are fully protected by having filed your Defence.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain