Overstaying - What is the Legal Defense?

woodpecker44

It will become clear when you get the actual paper 'Notice of Discontinuance' from DCBL in the post which has two boxes :
either 'discontinues all of this claim' or 'discontinues part of this claim' and the claimant has to tick one of them.
I had a similar case to yours - 2 x MSA PCNs on one court claim which were cancelled separately and for which I got 2 x notices of discontinuance, one for each PCN. In my case both NODs were ticked in the 'discontinues this part of the claim' boxes.

nosferatu1001

Essentially - keep on top of this and, if you dont see anything in a couple more days, give the CCBC a call and say you need to know if the whole or part of claim was DC'd

D_P_Dance

In the meantime, read this

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

ZZ3100TV0

I rang the hotline, they said the case has been discontinued, which was the 17th.

However, I've had at least one email from DCBL since then, (after the first one) stating that only one PCN had been cancelled and trying to get me to settle.

woodpecker44

They tried that one on with me as well. I guess you have still not had a NOD through the post?

ZZ3100TV0

woodpecker44 said:

They tried that one on with me as well. I guess you have still not had a NOD through the post?

Not from the court, and I really doubt they're going to try and take me to court for the one outstanding PCN, unless they can try and attach another one to it like they did prior.

I am still half tempted to try and see what offer they'd take to settle it.

woodpecker44

You will get the NOD through the post from DCB Legal, not the court (at least I did). It sounds like DCBL are trying their normal scare tactics.
Reading back through your thread it looks like you haven't complained to Roadchef yet? Please do this - it is the most effective way of dealing with MSA PCNs.  Send a complaint by email to Luke.Gross@Roadchef.com
I had an overstay PCN cancelled recently by Roadchef which was also at county court stage.
It is important to remind the MSA that one of the main reasons they exist is for road safety. At the moment it seems that people are almost being encouraged to drive tired in order to avoid a PCN!
Look at the thread 'Parking Eye PCN at Welcome Break' for ideas for a complaint email but write it in your own words and probably a bit shorter than that one. 

Please try that first - don't just pay them!!

Umkomaas

I think it's great when people we've helped come back and offer their recent first-hand experience advice to others following the path they've just trodden. Nothing like contemporaneous understanding and knowledge. 

Excellent support @woodpecker44, thank you. 👍

ZZ3100TV0

I'm tempted to negotiate on the outstanding PCN just to see what they offer since it's already cost them £90-ish.
Inline with council penalties, I was thinking of offering £25.

Fruitcake

You can't negotiate with scammers. If you offer anything above zero they will assume you are wavering, and will continue and possibly even increase their onslaught against you.
My opinion is that you will be wasting your time and it might make things worse.
Other opinions are available.