DCB Legal Letter of Claim for 3-4 year old PCN

hitman126

Coupon-mad said:

I hope the OP realises that a claim will follow but we know what we are doing and he can defend it.  And BT's advice is sound.

@Coupon-mad, your prediction was spot-on. I've been away for a few weeks, getting back barely a week ago.  Yesterday, I received a letter from Northampton County Court as DCB Legal have proceeded to make a claim against me, which has frankly left me fuming as it's the last thing I wanted at the start of the year. 

KeithP

hitman126 said:

Coupon-mad said:

I hope the OP realises that a claim will follow but we know what we are doing and he can defend it.  And BT's advice is sound.

@Coupon-mad, your prediction was spot-on. I've been away for a few weeks, getting back barely a week ago.  Yesterday, I received a letter from Northampton County Court as DCB Legal have proceeded to make a claim against me, which has frankly left me fuming as it's the last thing I wanted at the start of the year. 

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

hitman126

So yesterday, I picked up my mail to find DCB Legal had proceeded to make a claim against me at the Northampton County Court, much to my extreme irritation and chagrin. Not exactly the way I wished to start 2021 and would really appreciate any help on how to successfully fight them on this one.

Le_Kirk

hitman126 said:

Coupon-mad said:

I hope the OP realises that a claim will follow but we know what we are doing and he can defend it.  And BT's advice is sound.

@Coupon-mad, your prediction was spot-on. I've been away for a few weeks, getting back barely a week ago.  Yesterday, I received a letter from Northampton County Court as DCB Legal have proceeded to make a claim against me, which has frankly left me fuming as it's the last thing I wanted at the start of the year. 

It's not something you want at any time of the year but fortunately you know how to deal with it courtesy of the NEWBIE sticky.  what is the date of issue of the court claim?  It will be in the box at the top right just under the claim number.  If you post this, @KeithP will be along to give you your deadlines.  If you received it less than 5 days ago, do not do the AoS yet.

hitman126

KeithP said:

hitman126 said:

Coupon-mad said:

I hope the OP realises that a claim will follow but we know what we are doing and he can defend it.  And BT's advice is sound.

@Coupon-mad, your prediction was spot-on. I've been away for a few weeks, getting back barely a week ago.  Yesterday, I received a letter from Northampton County Court as DCB Legal have proceeded to make a claim against me, which has frankly left me fuming as it's the last thing I wanted at the start of the year. 

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

Issue Date is 31st December.

KeithP

hitman126 said:

KeithP said:

hitman126 said:

Coupon-mad said:

I hope the OP realises that a claim will follow but we know what we are doing and he can defend it.  And BT's advice is sound.

@Coupon-mad, your prediction was spot-on. I've been away for a few weeks, getting back barely a week ago.  Yesterday, I received a letter from Northampton County Court as DCB Legal have proceeded to make a claim against me, which has frankly left me fuming as it's the last thing I wanted at the start of the year. 

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

Issue Date is 31st December.

With a Claim Issue Date of 31st December, you have until Tuesday 19th January to file an Acknowledgment of Service. If possible, do not file an AoS before 5th January, 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, you have until 4pm on Tuesday 2nd February 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.

hitman126 said:

What has incensed me, even more is the fact they falsely claim that "....The driver agreed to pay within 28 days but did not". That's a load of nonsense as the driver did no such thing!!

Why on earth have you now decided to reveal the identity of the driver? I have edited my quote of your post. I suggest you do something similar before the parking company reads it.

 Nothing unusual there.
They will claim that the driver read the signs and agreed to the contract. 
Part of that contract, i.e. the sign, will say something like "...agrees to pay the amount of £xx within 28 days of...".

nosferatu1001

Indeed, its almost like they are claiming someting
You of course can dispute that claim
But they are free to claim whatever they wish. Nothing unusual, nothing to be fuming about. 

Coupon-mad

What has incensed me, even more is the fact they falsely claim that "....The driver agreed to pay within 28 days but did not". That's a load of nonsense as I did no such thing!! 

Oh please don't don't don't be yet another person who zones in on that meaningless phrase (something that is in fact, true in law). 

This shows you haven't read enough yet about what really matters in a defence, because you are taking that at face value and don't realise that a driver does accept and 'agree' to pay a charge, by the action of parking (which is what they mean) if the signs and terms are clear (which they won't be).

Redx

hitman126 said:

So yesterday, I picked up my mail to find DCB Legal had proceeded to make a claim against me at the Northampton County Court, much to my extreme irritation and chagrin. Not exactly the way I wished to start 2021 and would really appreciate any help on how to successfully fight them on this one.
Thank you.

no they havent , it came from the CCBC in Northampton (a government office) , not the County Court (different address) , it was to be entirely expected , almost inevitable , they do what their client tells them to do

hitman126

KeithP said:

hitman126 said:

KeithP said:

hitman126 said:

Coupon-mad said:

I hope the OP realises that a claim will follow but we know what we are doing and he can defend it.  And BT's advice is sound.

@Coupon-mad, your prediction was spot-on. I've been away for a few weeks, getting back barely a week ago.  Yesterday, I received a letter from Northampton County Court as DCB Legal have proceeded to make a claim against me, which has frankly left me fuming as it's the last thing I wanted at the start of the year. 

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

Issue Date is 31st December.

With a Claim Issue Date of 31st December, you have until Tuesday 10th January to file an Acknowledgment of Service. If possible, do not file an AoS before 5th January, 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, you have until 4pm on Tuesday 2nd February 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.

hitman126 said:

What has incensed me, even more is the fact they falsely claim that "....The driver agreed to pay within 28 days but did not". That's a load of nonsense as the driver did no such thing!!

Why on earth have you now decided to reveal the identity of the driver? I have edited my quote of your post. I suggest you do something similar before the parking company reads it.

 Nothing unusual there.
They will claim that the driver read the signs and agreed to the contract. 
Part of that contract, i.e. the sign, will say something like "...agrees to pay the amount of £xx within 28 days of...".

Thank you @KeithP