Victory over One Parking Solution / DCB Legal

valiant24

Coupon-mad said:

I just wrote a new ending suggestion for someone with a similar case, try bringing in some of this:
https://forums.moneysavingexpert.com/discussion/6097447/uk-car-park-pcn-help-needed

I've looked at your new ending, and will be incorporating large chunks of it!   I particulalrly like "(iv) The intention of this Claimant appears to be to exploit residents going about their normal daily life at this location, then refuse to cancel the charges and just plough on and sue everyone caught here, regardless of a Defendant relying upon their primacy of contract", which dovetails nicely to the email I have from one of the Directors of the Landlord company stating that it was never the intention to penalise Lease-abiding residents, and implying that it's all run away from them and that another director has also been ticketed, much to his chagrin!; and the explicit demand in Section 12 demanding that the Claimant shows the chain of authority, although I will also add a demand that the Claimant shows evidence that the Landlord varied the terms of the Lease to accommodate the PPC (and indeed invalidate the previous PPC's permits, one of which I was actually displaying!).

I'm less convinced (and you're much more experienced than I, so my opinion may be worth little) that there's much to be gained by trying to anticipate what the Claimant's counter-arguments will be and try to address these in advance.  To me this dilutes the central message and reduces the impact of the Defence statement.  But that's just my ill-informed opinion!

Coupon-mad

I'm less convinced (and you're much more experienced than I, so my opinion may be worth little) that there's much to be gained by trying to anticipate what the Claimant's counter-arguments will be and try to address these in advance.  To me this dilutes the central message and reduces the impact of the Defence statement.  But that's just my ill-informed opinion!

Well I go up against OPS in court at Brighton & Worthing courts and I think I know what they will try to say, and that in their WS they redact evidence/contracts.  So yes, I can anticipate their counter arguments and feel it is important to include it all at this stage, plus a copy of the Warwick strike-out Order from DDJ Joseph, as an attachment, to encourage your Judge to start to do the same as the 4 named courts in the example I wrote.

They will not use a facsimile signature in their WS unless Gladstones file the claim (OPS use 4 different routes - Gladstones, BW Legal, QDR and DCBLegal).

When you are at WS stage and have a court date, let me know by pm if you want support in court on the day.

valiant24

Coupon-mad said:

When you are at WS stage and have a court date, let me know by pm if you want support in court on the day.

Thanks.  But the "offence" was going on 3 years ago, my granddaughter has moved, and I live near Staines so it's unlikely to be local to Brighton and you ... unless that's to my advantage?

valiant24

KeithP said:

valiant24 wrote: »

It's 22/01/2020. I issued acknowledgement of service today, online.

With a Claim Issue Date of 22nd January, and having filed an Acknowledgment of Service on 24th January, you have until 4pm on Friday 21st February 2020 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.

Is this the advice now, to email it?  Is that adequate?
In the Newbies FAQ it recommends Registered Post, but that is 4 years old.
(Would still be grateful for any further comment on the defence btw)
Thanks
V

KeithP

valiant24 said:

Is this the advice now, to email it?  Is that adequate?

Yes it is.

valiant24

I submitted my defence via the MCOL online system on 20th February.

On 21st March I received a letter from DCB Legal dated 19th March saying that its client (OPS) has reviewed my defence and has decided to proceed with the claim.   It included its own Directions Questionnaire "in anticipation of [the Court directing both parties to file them]".   Nothing really of interest, per FAQ: it agrees to the Small Claims Mediation Service, and prefers the case to be heard at the Claimant's court.

That was over 2 weeks ago but I have had nothing from the Court itself.   Having, detailed in another thread, seen my son-in-law pay the same slimeballs nearly £300 because he didn't receive a Court Notice I'm nervous of losing this one on default too.

What can I do to reassure myself and mitigate this possibility?

Thanks.

V

(On another note,I'm 80 years old and have no prospect of being permitted to attend a court anytime soon anyway).

Redx

You download your own DQ from the CCBC as stated in the Newbies FAQ sticky thread

You fill it in , email one to the CCBC as a pdf attachment

You post one to the claimant , getting a free certificate of posting from the post office counter

Le_Kirk

valiant24 said:

It included its own Directions Questionnaire "in anticipation of [the Court directing both parties to file them]".   

That was over 2 weeks ago but I have had nothing from the Court itself.   

What can I do to reassure myself and mitigate this possibility?

(On another note,I'm 80 years old and have no prospect of being permitted to attend a court anytime soon anyway).

Re read the post by KeithP on 24th January 4.38 where he states do not be surprised if you receive the DQ from the claimants.  He also goes on to show how to download a DQ for yourself.  I recommend you do this, complete it and file and serve it as per KeithP's instructions.  As you say, you do not want to miss out!  The CCBC was quite busy and suffered staffing issues last week.  Quite a few hearings are now being held as telephone or video hearings so that is a possibility for you.

valiant24

Hi Redx and Le_Kirk.  May I follow up:
1. I did read the FAQ carefully.   It says "You wait for the DQ from the court and this is how you fill it out. If the DQ does not arrive within a week, check with the court".  Is your revised advice not to wait, or wait for a reply from the Court (I mailed them today asking the status), but to be proactive and send the claimant a DQ now?
2. Witness.  My son-in-law will be attending with me and will talk on my behalf, I won't be saying a thing if I can avoid it.   Is now the time to mention this?
3. Dates I can't attend.  I'm an 80-y-o lady and in the current lockdown I can't predict a date when I'll be let out of the house, let alone go to Court!   Should I mention this here?
Thanks again.
V

Redx

1) I gave you my take on what to do, especially in light of current events and they were closed for a week recently

in other words, these are extraordinary times and so you cannot just expect the usual systems to function

I would download the DQ and fill it in and email it as I said, plus put a copy in the post to the claimant with a free certificate of posting (not signed for)

2) a witness cannot be a lay rep, its one or the other , if speaking for you he is your lay rep, not a witness

put down the maximum number of people who may attend with you , so say 2 or 3 if not sure, its only so they know the size of room required , no biggie and especially no biggie with small numbers

3) there wont be any court hearings for several months if not longer , but put down any dates you are not available in the next 6 to 9 months , so the rest of this year to cherry pick from , even if its actually 12 months from now if it actually gets to a court room (it may not but assume it will)