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Overstaying - What is the Legal Defense?

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Comments

  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you offer them £25 they will accept that you are accepting liability.  Offer them nothing.
    You never know how far you can go until you go too far.
  • Personally I wouldn't offer them anything as they are unlikely to accept a lower offer.
    Whatever you decide please try emailing Roadchef first - 10 minutes work could save you a whole lot of hassle. 
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 9 March 2021 at 7:37PM
    Yep, they are cancelling these scam PCNs left, right and centre when a robust complaint is made to the right Head Office or CEO email.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • ZZ3100TV0
    ZZ3100TV0 Posts: 49 Forumite
    10 Posts
    Update - I've just had a letter through stating that the claim has been transferred to Wakefield.

    This is a little confusing as I was told over the phone the claim had been discontinued and that I didn't need to do anything else.

    Here's timeline from MCOL....

    A claim was issued against you on 31/12/2020

    Your acknowledgment of service was submitted on 04/01/2021 at xx:xx:xx

    Your acknowledgment of service was received on 05/01/2021 at xx:xx:xx

    Your defence was received on 18/01/2021

    DQ sent to you on 17/02/2021

    DQ filed by claimant on 17/02/2021

    Notification that the claim against you was discontinued was received on 17/02/2021

    Your claim was transferred to WAKEFIELD on 22/04/2021



    Can anyone advise?

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ZZ3100TV0 said:
    Update - I've just had a letter through stating that the claim has been transferred to Wakefield.

    This is a little confusing as I was told over the phone the claim had been discontinued and that I didn't need to do anything else.

    Here's timeline from MCOL....

    A claim was issued against you on 31/12/2020

    Your acknowledgment of service was submitted on 04/01/2021 at xx:xx:xx

    Your acknowledgment of service was received on 05/01/2021 at xx:xx:xx

    Your defence was received on 18/01/2021

    DQ sent to you on 17/02/2021

    DQ filed by claimant on 17/02/2021

    Notification that the claim against you was discontinued was received on 17/02/2021

    Your claim was transferred to WAKEFIELD on 22/04/2021



    Can anyone advise?

    Why not ring the CCBC - their number is on your Claim Form - and ask them what's going on.
  • ZZ3100TV0
    ZZ3100TV0 Posts: 49 Forumite
    10 Posts
    Just got this back from CCBC....

    Good Afternoon
    Thank you for your email
    After looking at the Case i can see that the Claimant Sols only wanted some of the claim discontinued, so an application has been made and it has to be sent out to a Court for a DJ to make a Decision, it was transferred on 22 April 2021, if you require further information you could contact DCB Sols on tel No 0203 434 0433.

    I was under the assumption it was the whole claim, or none of the claim. The CCBC previously told me I didn't need to do anything after it had been discontinued.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 6 May 2021 at 5:02PM
    Maybe they discontinued on spurious charges but left the rest of the claim intact , clearly mcol history should have had more information

    You are now awaiting paperwork from Wakefield county court because the CCBC has no more involvement
  • woodpecker44
    woodpecker44 Posts: 63 Forumite
    Second Anniversary 10 Posts Name Dropper
    I think the person you spoke to at CCBC was probably reading from a script and didn't know what they were talking about.
    It's definitely not all of the claim or none of the claim. They can and do discontinue part of the claim if it suits.
    As per my previous post here I had two MSA PCNs' from CP Plus/DCBL on one court claim which were cancelled seperately, two weeks apart. It seems that CP Plus have only discontinued part of your claim i.e. one PCN only - did you not get a notice of discontinuance from DCBL? that should tell you. 
    Did you email Roadchef as suggested?  that is your quickest and easiest solution otherwise it's Wakefield Court which even if you lose will be cheaper than paying what they are asking now as the extra fake charges and interest are unlikely to be awarded.  
  • ZZ3100TV0
    ZZ3100TV0 Posts: 49 Forumite
    10 Posts
    I've had a letter from the Civil Justice Centre stating that the court had incorrectly discontinued the whole claim, and that it's been ordered that the claim to be reinstated and the directions questionnaires to be reissued.
  • Umkomaas
    Umkomaas Posts: 43,841 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ZZ3100TV0 said:
    I've had a letter from the Civil Justice Centre stating that the court had incorrectly discontinued the whole claim, and that it's been ordered that the claim to be reinstated and the directions questionnaires to be reissued.
    Where are you with contacting RoadChef?  They're issuing cancellations like confetti. This shouldn't get anywhere near a court hearing!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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