DCBLegal parking fine

KeithP

I'm not going to get into 'what if' questions.

Can you not get in touch with the people at your old address and get them to give you a nod should anything turn up?

twhitehousescat

KeithP said:

I'm not going to get into 'what if' questions.

Can you not get in touch with the people at your old address and get them to give you a nod should anything turn up?

agreed ,,,,,,,,,,,,,,,,,,,,,,,,,,,

nosferatu1001

Stop worrying. 

You have done all you can
IF they issue to your old address, despite knowing it is invalid, you have
- a perfect cpr 13.2 set aside reason. 

-a really obvious breach of DPA claim to make against them
- a REALLY obvious complaint to the sra, they signed a form stating the address is correct, when they knew it wasn't 
- you could ask the court to sanction the SOLICITORS themselves, at any set aside hesring. Their first duty is to the court, not the client. Falling to ,maintain records is a devil for courts. They hate it as it wastes so much if their time. 

pmorphy

hello,

so I have now received the claim form. After reading the rest of the newbies thread, I just had a couple of questions before I go any further.

1. the defence post and template makes a big deal about not admitting to being the driver, but should that matter if the defence is based upon unlawful charges being added ontop? If it's probable that I was the driver on the motorway service station, staying in a hotel 5 years ago, why shouldn't I put that?

2. Similar question, but am I correct in saying that these defences work, because DCBL add the extra costs? The original letter may have been £100 or something, then last year it was £170, and now it's over £300 due to court costs, a legal rep cost, and 8% per annum over 5 years (not sure which bank would of given them that kind of interest!)

3. I understand my next steps are AOS online, defence by email, DQ by email, then await court hearing confirmation?

4. Are they still doing telephone hearings, and do you know roughly how long it takes from defence submission to court hearing typically?

Thanks a lot for your help.

KeithP

pmorphy said:

hello,

so I have now received the claim form. 

What is the Issue Date on your County Court Claim Form?

pmorphy

KeithP said:

pmorphy said:

hello,

so I have now received the claim form. 

What is the Issue Date on your County Court Claim Form?

1st February

beamerguy

pmorphy said:

hello,

so I have now received the claim form. After reading the rest of the newbies thread, I just had a couple of questions before I go any further.

1. the defence post and template makes a big deal about not admitting to being the driver, but should that matter if the defence is based upon unlawful charges being added ontop? If it's probable that I was the driver on the motorway service station, staying in a hotel 5 years ago, why shouldn't I put that?
>>>> It is up to DCBL TO PROVE YOU WERE THE DRIVER 5 YEARS ago, they can't
Even a judge could not remember 5 years ago

2. Similar question, but am I correct in saying that these defences work, because DCBL add the extra costs? The original letter may have been £100 or something, then last year it was £170, and now it's over £300 due to court costs, a legal rep cost, and 8% per annum over 5 years (not sure which bank would of given them that kind of interest!)
>>>> DCBL live in the clouds and and a genuine claim would be
£100 parking ticket
£50 legal costs
£25 court fee
DCBL are relying on what they can add as interest.  In todays world where interest is probably 0% judges will not allow such rubbish and the question to the judge is why have they waited 5 years to bring a claim ?   DCBL think judges are stupid and that goes against them

3. I understand my next steps are AOS online, defence by email, DQ by email, then await court hearing confirmation?
>>> YES

4. Are they still doing telephone hearings, and do you know roughly how long it takes from defence submission to court hearing typically?

Thanks a lot for your help.

>>>>> YES .... covid has caused major problems for the courts so probably
With the current climate, it could be months.   Plenty of time to get your defence in order and then zap DCBL for attempting extortion

Answers above shown as >>>>

KeithP

pmorphy said:

KeithP said:

pmorphy said:

hello,

so I have now received the claim form. 

What is the Issue Date on your County Court Claim Form?

1st February

With a Claim Issue Date of 1st February, you have until Monday 22nd February to file an Acknowledgment of Service. If possible, do not file an AoS before 6th February, but otherwise, there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Monday 8th March 2021 to file your Defence.

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

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Ralph-y

links to help ...

direct link to court section in newbies thread
.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

and  

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Ralph

nosferatu1001

You have a choice. 

If you believe you were the driver then admit to it. As you will have read from other defences you've read - just on the first page - this can be helpful

If you truly don't know, the state so.