CCBC claim for 2 x motorway services parking tickets

blackdog2220

woodpecker44 said:

Thanks to all for your help. Now I am going to try to help some others.

nice one , but as I keep telling others with those cp plus type tickets 

its not over till the fat fat sings 

written conformation from parking cos 
the disapearance or marked as "complete" on any parkin Cos checking web pages
and most importantly A LETTER IN YOU HAND (or a printout) from the COURT  saying the lady is a siprano 

watch out for the slimy law company , they will "forget" to tell the courts 

and please stick around and use knolage you have learnt in last few weeks to help others

Umkomaas

Very well done @woodpecker44, a good double victory for you. Hopefully Roadchef (and MOTO) will be telling CP Plus to quit messing their customers about. If they felt they had a case, they should have brought it at the time, not be suckered in to the roboclaim solicitors' spiel to issue proceedings en masse to fill their cash flow void now. Hopefully the more claims, the more complaints to the MSAs.  

woodpecker44

The fat lady has sung. I got the notice of discontinuance today from DCB Legal.
This claim was originally for 2 x PCN, one of which had already been discontinued so I am a bit confused as to why they have ticked the box to discontinue part of the claim when the other part of the claim had already been discontinued. Surely they should have discontinued all of the claim?
I guess it all means the same in the end but that doesn't seem to make sense and I just wanted to make sure they weren't trying any more dirty tricks!

Le_Kirk

Check the reference numbers of the claims to make sure they have both been discontinued.

blackdog2220

thats great , thanks for coming back and updating 

please stick around , if you seeother cases just starting that look to be same company and site type , jump in and advise , give the new posters the email of the CEO , and advice what to write 

Coupon-mad

I would email back and ask them why they ticked the wrong box because surely they are not discontinuing only PART of this claim?    If they are, you require them to explain what their client is playing at.

This is important, don't assume!

woodpecker44

OK not heard back from DCBL yet but I called the court this morning and they confirmed that both parts of the Claim i.e. both PCNs have now been discontinued. As such the whole claim is now dead in the water as far as they are concerned.

I apologise in advance for my lack of knowledge in court procedure but at the bottom of my defence it said....
 In the matter of costs, the Defendant seeks:

17.   (a) standard witness costs for attendance at Court, pursuant to CPR 27.14, and

(b) that any hearing is not vacated but continues as a costs hearing, in the event of a late Notice of Discontinuance.  The Defendant seeks a finding of unreasonable behaviour in the pre-and post-action phases by this Claimant, and will seek further costs pursuant to CPR 46.5.

How does this work? Is there a chance I can sting them for costs pursuant to CPR 46.5? Does the court do this automatically or do I have to get the wheels in motion.

Umkomaas

in the event of a late Notice of Discontinuance

Usually that's in the event of a discontinuation within around seven days of the fixed hearing date. 

woodpecker44

Ah OK that's a shame but thanks Umkomaas for the info.

Coupon-mad

You can ask the court in writing, why not? 

Why does everyone miss the posts about costs in the NEWBIES thread, and the example by @bluetoffee1878 ?