DCB legal for VCS. Witness statement due 9th April. Urgent help appreciated

Viera90210

Thanks for your help with this I finally managed to get this posted this morning I sent it first class but not recorded as been advised on here I got proof of postage. I'm worried that the letters will miss the deadline because the postal service is currently in chaos.
under the circumstances would people recommend emailing a second copy to dcb legal and also hand delivering a copy to the court which I could probably do this afternoon accompanied by two children under the age of 2!
Or has there been some leeway with dates etc with the current pandemic?

Le_Kirk

Viera90210 said:

Thanks for your help with this I finally managed to get this posted this morning I sent it first class but not recorded as been advised on here I got proof of postage. I'm worried that the letters will miss the deadline because the postal service is currently in chaos.
under the circumstances would people recommend emailing a second copy to dcb legal and also hand delivering a copy to the court which I could probably do this afternoon accompanied by two children under the age of 2!
Or has there been some leeway with dates etc with the current pandemic?

We always recommend this anyway as the first option.  You could e-mail to the claimant if their rules permit service by e-mail or if they have ever contacted you by e-mail.

nosferatu1001

There isnt any leeway at the moment. The court runs on procedure and, unless youre told otherwise, there is no alteration. 

Redx

I would use a belt and braces approach , especially considering the post has delays

So I would email both anyway , as a precaution , plus use the Dropbox or hand it in at the local court

If those issues occurred to you , plus the possible solutions , then why ask ?

Do what is best for you , protect yourself as much as possible by not getting caught out , that is what I would do , because as Nosferatu says , courts run on procedures that are laid down , red tape , and the wheels of justice are slow so do not expect change to happen quickly

For all you know , there could be a letter of discontinuance in the post and is delayed , as has happened a few times recently

Viera90210

Got this automated response from the court

COVID-19 – TRIAL UPDATES

 

FAST TRACKS

 

UPON THE COURT NOTING THE CURRENT PUBLIC HEALTH CRISIS; AND THE COURT BEING CLOSED FOR PUBLIC HEARINGS:

 

1. All Fast Tracks listed up to and including 29 May 2020 are vacated from the List and stand adjourned.
2. The Claims will be re-listed on the Application of the Claimant (no fee payable) during the Trial Window 3RD August – 27TH November 2020.
3. Notwithstanding (1) and (2) above, where the Parties are in agreement that the case can be resolved by a Telephone or Skype Hearing within a time frame of 3 hours, either Party may e-mail the Court by enclosing an e-bundle of the Trial Documents, inviting the Court to re-instate the case.
4. If the Court agrees that the case can be resolved by a Telephone or Skype hearing lasting no more than 2 hours, directions will be given to the Parties as to how the matter is to proceed.
5. If the Court does not agree with the proposal made by the Parties, they will be so informed.

 

SMALL CLAIMS

 

UPON THE COURT NOTING THE CURRENT PUBLIC HEALTH CRISIS; AND THE COURT BEING CLOSED FOR PUBLIC HEARINGS:

 

1. All Small Claims listed up to and including 29TH May 2020 are vacated from the List and stand adjourned.
2. The Claims will be re-listed by the Court on the first available date after 3RD August 2020.
3. Notwithstanding (1) and(2) above, where the Parties are in agreement that the case can be resolved ‘on paper’, alternatively by a short Telephone or Skype hearing, either Party may e-mail the Court by enclosing an e-bundle of all relevant documents required for the disposal of the case, inviting the Court to re-instate the case.
4. If the Court agrees that the case can be disposed of on paper or by a short Hearing, directions will be given to the Parties as to how the matter is to proceed. If the Court does not agree with the proposal made by the Parties, they will be so informed.

 How do people interpret this?

Will I have to agree to a paper hearing?

nosferatu1001

Or telephone or Skype...

and it requires agreement 
4 follows 3. If no agreement in 3 then 4 doesn't happen

Fruitcake

Never agree to a paper hearing.
Avoid a 'phone hearing in private at all costs. 

Coupon-mad

Email and state that you have posted your documents and do NOT agree to a paper hearing and prefer a face to face hearing after August.   Ask them to print place this email with your file for the claim number xxxxxx. Wish them well, and sign off.

Viera90210

Sent my email defence to DCB and this is what they have come back with

WITHOUT PREJUDICE SAVE AS TO COSTS

 

Dear Sir,

 

We write further to the Witness Statement received earlier today.  We would like to take this opportunity to clarify a number of points, namely: -

 

1. The Claimant did, in fact, send a Letter of Claim before court proceedings were issued and a copy is attached to this email for your information;
2. The Claimant did not miss the deadline to inform the Court of its’ intention to proceed with the Claim.  That confirmation was sent by email on 5th September 2019 and you were provided with confirmation also at the same time (email to Court also attached);
3. The Claimant did not decline mediation.  As confirmed in the Directions Questionnaire sent to you on 5th September 2019, the Claimant was prepared to agree to mediation.  However, no appointment was offered by the mediation service.  As you failed to serve your Directions Questionnaire on us (as the Court told you that you needed to do) we had assumed that it was, in fact, you that was not agreeable to mediation;
4. The Claim Form (and pre-action correspondence) confirmed the vehicle registration number that the parking charge related to.  Despite having this information, you have never previously raised a dispute about not being the registered keeper or the driver.  In any event, the DVLA told our Client that you were the registered keeper.

 

Notwithstanding the above, for the sake of trying to resolve this matter amicably, our Client is still prepared to mediate with you at this stage.  The Claim issued against you was for £276.21 with interest accruing at £0.04 per day.  However, our Client is prepared to accept a one-off payment of £230.00 in full and final settlement of the Claim, including interest and costs, providing the same is paid within 14 days.  Our bank details are attached, should you require them.

 

We look forward to hearing from you.

 

Kind Regards,

 No mention of the point I raised about the contract between them and the landowner not covering the date of the penalty.

Is this standard for them to make an offer like this?

Viera90210

Also surely they must now prove I'm the registered keeper (which I am not and have never been)?