Claim form received, First Parking LLP/DCB Legal (CASE 1)

nankai8

Here is a link to the draft some numbers still need to be edited. If anyone has time to read and comment that would be greatly appreciated as always. TIA

https://www.dropbox.com/s/1dhzyrh8mqnq0zw/Document24.pdf?dl=0

Coupon-mad

That is OK but I must change the example WS, as the stuff about the Southampton case is a bit pointless under the heading 'abuse of process'.

Have a look instead at the WS example by @Nosy (beware, the has 2 threads but one has a more up to date WS).

nankai8

The hearing for this was due to be tomorrow afternoon. Today I received a call from DCB legal asking if I would be willing to discuss a without prejudice offer, I told them they are welcome to send me an offer via e-mail but I would only consider offers for money my way to pay for my costs. They sent an offer for me to pay £244 to settle the claim. They called a further 2 times which I ignored and missed. At 4.30 they emailed with a notice of discontinuation saying their client has instructed them to discontinue court proceedings! 

ignavia

Great news! Do call the court tomorrow to make sure DCB have told the court they've discontinued. If the hearing is still on, you wouldn't want to miss it.

KeithP

That's good to hear.

An email, saying their client has instructed them to discontinue, within twenty four hours of a court hearing strikes me as unreasonable behaviour.

That email isn't even a Notice of Discontinuance.

At this stage I would take part in the hearing - just as you were planning to do before that email.

If no Claimant's representative takes part in the hearing complain bitterly about their unreasonable behaviour and ask the Court to address your costs. 


Edited to add...

I cannot emphasize too strongly that you must attend the hearing unless the court advises otherwise.

Castle

As above and as 4.00pm is the cut off time, the "Discontinuance" will be deemed to have been filed on the day of the hearing.

nankai8

The court literally doesn't answer the phone but I will e-mail them now. There is a notice of discontinuation form attached but not signed by the judge. I shall be sat prepared ready to receive the phone call (it's a phone hearing) and go from there...'complain bitterly' is something I could manage! But yes looks like good news. Particular thanks to Coupon-mad, KeithP, Umkomaas, Le_Kirk, and everyone else who has helped. I Have another one next week (case2).

nankai8

Sorry just seen your comment Castle, good to know thanks

Coupon-mad

Discontinuing on the day of the hearing is unreasonable - copy what this person did!  All paperwork is shown:

Premier Park Ltd ordered to pay £500 in costs for unreasonable late discontinuance at Southampton County Court (includes all orders and judgment transcript following his application for a costs hearing:  Premier Park v S Jones):

https://forums.moneysavingexpert.com/discussion/6271727/residential-pcn-premier-park-ltd-ordered-to-pay-500-in-costs-at-southampton-county-court

The letter to the Judge asking for costs is interesting; it was treated as an 'application' by the Court:

https://www.dropbox.com/s/pjuljss3bo0totu/04%20C%20TWIMC%20%2B%20Costs%20Hearing%20Legal%20Arguement.pdf?dl=0

The OP said:

"The 05 Witness Statement is interesting and quotes a post from this forum. The statement by Mr Byers-Nolan was riddled with errors and inconsistencies, ignored the main points of the case and was delivered so late that the Judge ignored it. As he did with my skeleton argument…
 
You might think I would be steaming with anger with PP, BW Legal, DRP, Gladstones, CST Law, Zenith Collections et al, but no. If POPLA are going to boast on their website that they take “into consideration the relevant law, guidance and standards and the BPA Code of Practice.” they should do exactly that. Don’t employ someone with experience of “conflict resolution” and “problem solving” to decide on points of law. How about employing someone with a legal background to decide on legal matters? The new Government CoP will hopefully remove POPLA from the equation.

And finally, for the Premier Park Ltd and BW Legal employees who lurk on this forum: we still have a BIG problem with the other 24 PCNs you plastered my vehicles with, don’t we?"