DCB Legal Letter of Claim - What Can I Expect Next?

Redx

The Semark case has been discussed to death on here since the appeal was granted , numerous times in fact

All it means is that the judge must consider the actual Court claim and any added charges , even if a judge dismisses the added charges after consideration , so it may be double recovery , it may be an abuse of process , but the hearing judge must decide , as they should IMHO

It's not an automatic strike out !!

Added charges are sums added on top of the PCN value times the number of PCN,s issued , so multiply the PCN figure by their number , take it away from the total figure claimed and you have the added charges !! Simple , primary school arithmetic

Four PCN,s at £75 sack = £300 , £540 minus £300 = £240 added charges

So most likely to be 4 times £60 = £240 debt recovery 

PTRed

Hi Redx,
Absolutely, I understand all of that and it's obviously going to be really helpful when it comes to my Witness Statement and defence. At this stage, I'm just trying to see if anyone thinks there's anything more I can do prior to going to court. 

• Should I try and send a defence of the tickets to First Parking or DCB Legal? I'm assuming that's futile. 
• Should I send arguments back against Semark to DCB Legal?
• Should I ask for a breakdown of costs again? Or give up on this and just see it as evidence for my defence.
• Should I request a new letter? They restarted the time after dropping the £100 at the end of October. I emailed back for an explanation and a breakdown of costs again. They have now given the deadline as 26th November. 
• Is there anything more that I can do at this stage to avoid court? 

Thanks for any help. I do appreciate it's frustrating answering the same/similar questions. I have been reading the forum to try and get the answers to the above but I can't find any similar circumstances to these. I just want to make sure I've done everything I can to avoid court and to support my defence if court is inevitable. 

PTRed

Stupid question - any value in contacting land owner at this stage, or is it too late?

beamerguy

AN ADMIN ERROR ??? ..... Thereby hangs the tale of incompetence

AND ...... "Please note in accordance with the recent appeal decision made on 29th July 2020 in Britannia Parking Group Ltd v Semark-Julien [2020] EW Mis 12 (CC) the Judge held that the debt recovery charge does not fall foul of the decision of Parking Eye Ltd v Beavis [2015] UKSC 67; thus, we submit that this is not an abuse of process as alleged. We suggest you seek independent legal advice if you are unable to access relevant and up to date appeal information and legislation".

Using the damp squib case of Semark is so feeble ..... debt collection charges was NEVER part of the Beavis case so this is a wild interpretation by DCBL designed to mislead you and the court

DCBL need to get the facts straight and not fabricate the truth ...... The Supreme court said that the charge issued by Parking Eye was fair (and that was £85, not the £100) and included the operation of the business

The Beavis case is available in the public domain so the question is, why don't DCBL read and understand it ... as a good legal would do.  ?

DCBL are misleading you and the court regarding their fake add-on ..... AND IT IS FAKE
 

Redx

If the claimant tells dcb legal to issue a court claim , nothing you can do can prevent it
The current stage has rarely if ever achieved anything whatsoever , it's a nothing stage
All it does is create delay to allow the SAR and SAR reply , usually nothing else

My gut feeling is that you are clutching at straws , and plastic straws are now banned !!

As long as the SAR has been done then personally I would not do anything else , apart from complaining to the landowner which should have already been done as a no brainer

All this to and fro with DCBL will not achieve anything at all , especially with 4 PCN s at stake

I look at this as being like the weigh in before a boxing match , you may as well engage in a ppppppping contest , see who can ppppp the furthest up the wall

The important stage for advice is when the court claim pack from the CCBC in Northampton arrives , which I am positive will happen , it's like being in covid lockdown , you are delaying the inevitable , it just takes longer

Coupon-mad

You could create a version of the robust reply to DCBLegal that I wrote in the thread by @Minotaur4 - he adapted it to suit BW Legal but my original post was taken from one I wrote to DCBLegal.  

PTRed

Coupon-mad said:

You could create a version of the robust reply to DCBLegal that I wrote in the thread by @Minotaur - he adapted it to suit BW Legal but my original post was taken from one I wrote to DCBLegal.  

Hi Coupon,
Forum says Minotaur has no threads. Do you know when this comment was and I'll try and find it through your profile.
Thanks!

Redx

I read it a couple of days ago on here 

Coupon-mad

Must be another connotation of minotaur so trawl back in this forum board skim reading all thread starters for 30 pages or so.

Umkomaas

I wonder if the username is correct. I've done a search on it, but can't find anything parking-related against it.

Alternatively ....... it may just be the clunky old search engine ...... 🤓