DCBLegal/CCPC County Court

FineFighter

OK I'll take your advice then, I haven't gotten around to emailing yet anyway -_-

Spoke to the court just now anyway, no alternative email address, but they haven't paid for the hearing yet (was meant to do that by 7th July - not easy when I received the court order on 12th, and I assume they must have also at a similar time!)

Was thinking I might just email the court and advise they should be dismissing the case since payment hasn't been made yet

I did email earlier today to DCBL - They asked me to call them to discuss, I replied back saying put it in writing and I'll consider it. Should've maybe laid it on thicker that I've an excellent case and they've no hope....

Coupon-mad

Yep you could do that now as well. 2 short and separate emails today.

Then if they don't discontinue, do the other longer email to both, on Monday.  I think if you prod them with a 'no get lost' email, they'll discontinue Friday afternoon as usual.  You could even say you know they haven't paid the hearing fee...

FineFighter

Have emailed the court something short and sweet:

I write with regards to the above case. I have just spoken to the telephone enquiries team for HMCTS (0300 123 5577) and they have advised the claimant has yet to pay the trial fee to the court. The court order I received clearly states that if the fee is not paid by 7th July at 4pm, the claim will be struck out without further order, and the hearing will be vacated. 
Given we are now seven days later, at 5pm on 14th July, I can only conclude this claim and associated hearing has been struck out and my attendance will not be necessary on 4th August 2022 at 10am. 
I would be grateful if you could confirm this as soon as possible, or let me know if this hasn’t happened and why. 

And emailed something a bit longer and with teeth to DCB Legal:
(haven't sent yet as I want to re-read and ponder a bit)

Dear Sir(s).

I have reviewed the claim details and my defence, and have decided against accepting any settlement. 

As you will have read, I have an excellent case, with plenty of points that form a very strong argument against your client’s claim, as well as photos and the previous POPLA decisions in the area. There is also plenty of previous case law in support.

I will be seeking to claim for loss of earnings fee at £95 and further costs pursuant to CPR 44.11 (Research, preparation and drafting documents (15 hours at Litigant in Person rate of £19 per hour), total £380.00 so far and likely to go up once the witness statement and skeleton argument are factored in. 

If the claimant and yourselves wish to continue this claim, you should be aware you are likely to lose and incur significant further costs. 

I have also communicated with the court today, who confirm you have yet to pay the hearing fee, and have communicated to them that your claim should therefore be struck out as per the court order dated 29th June 2022 - you have had plenty of time to prepare this case and pay the fee, and as a legal firm, do not have the excuse of naivety or oversight. 

Le_Kirk

I bet the court office will find that the fee was paid "in time" but the backlog of bureaucracy held it up!  The system always seems to favour the claimant and not the defendant!

FineFighter

Sadly it wouldn't surprise me if this was the case, but I did speak to the court admin (the telephone number is a national court service rather than the court itself) and they said it wasn't paid, but It doesn't get automatically dismissed until someone checks and notices - bonkers system!

patient_dream

FineFighter said:

Sadly it wouldn't surprise me if this was the case, but I did speak to the court admin (the telephone number is a national court service rather than the court itself) and they said it wasn't paid, but It doesn't get automatically dismissed until someone checks and notices - bonkers system!

Before the internet claimants would have to complete forms (by hand) enclose the fee and deliver to the court

MCOL is not suitable for the county court system, it could be but you cannot use modern technology with such an outdated system

FineFighter

I guess it wasn't so cheap and easy to launch claims in the past either, which I think partly encourages the parking shysters. I imagine there are a lot of people that ignore the initial court papers, or pay up for fear of a CCJ

FineFighter

Sadly nothing back from the courts or from DCBLegal so I'm going to draft the 2nd court email as suggested by C-m, asking for the case to be moved to September, along with the other case. Small technical point - do I refer to myself in the first person in said email or in the third email - ie referring to myself as "the defendant" instead of I?

Is it worth still preparing the witness statement for the deadline (which would be this Friday)?

How will I know if the case has been moved, given how long its taking for the courts to reply to any correspondence?
Don't want the robbing bar-stewards to get a favourable judgement due to an error on my part!


This is what I've written so far:

Dear Sir(s),
I (the defendant) have received a court date for the above day, which clashes with a hospital appointment (for fertility clinic, for myself and my wife). There is a 2nd linked case with the same particulars scheduled for 19th September 2022 (case number H0KF96Q5, with the same claimant and defendant), and the court order for this was received at the beginning of June, so the defendant had assumed any later allocated case would be for later than this, particularly as it had been stressed to the court in multiple correspondence, the need for 6-8 weeks notice in advance of any trial. 

Given the difficulty with the Defendant's urgent medical appointment and potential extra costs caused by the Claimant in unnecessarily or negligently filing two separate claims that should have been pleaded as one, I would not object if the court exercised its discretion and overriding objective (to deal with cases justly and at minimal cost) if the August hearing be vacated and both cases be listed for the already-set September date, it being changed if the court sees fit, to a 2 hour hearing.

I have copied in the Claimant's legal team and trust they do not object either to consolidating the hearings into one in September, given their error in filing two duplicate facts claims that would otherwise waste court time and increase costs.

A copy of the medical appointment is attached as proof of the Defendant's predicament, and for the avoidance of doubt, the Defendant does NOT agree to any proposal for a decision 'on the papers' as there are matching facts and significant issues that the Defendant wishes to be aired in oral evidence about all the parking charges and can attend the September date.

Umkomaas

Is it worth still preparing the witness statement for the deadline (which would be this Friday)?

Yes, because without that, notwithstanding the outcome of your request to consolidate both cases to September, you will not have followed the court order to produce your WS by the due date, risk losing the case and expose yourself to additional costs for 'unreasonable behaviour'. Cover your back!

I'd open the WS with a note to the effect that you have written to the court requesting a consolidation - giving an outline of your reasons - and explain that in the event of your request being granted, you will produce a revised WS to cover both claims in time for a consolidated hearing in September. 

Small technical point - do I refer to myself in the first person in said email or in the third email - ie referring to myself as "the defendant" instead of I?

Not sure if there is any convention for an email. Just be clear that you are the Defendant in your opening sentence (as you've done above), then continue with what you feel most comfortable and which makes the request 'flow' than 'wooden'. 

How will I know if the case has been moved, given how long its taking for the courts to reply to any correspondence?

You're going to have to telephone the court to which the case has been allocated. 

FineFighter

Umkomaas said:

Is it worth still preparing the witness statement for the deadline (which would be this Friday)?

Yes, because without that, notwithstanding the outcome of your request to consolidate both cases to September, you will not have followed the court order to produce your WS by the due date, risk losing the case and expose yourself to additional costs for 'unreasonable behaviour'. Cover your back!

I'd open the WS with a note to the effect that you have written to the court requesting a consolidation - giving an outline of your reasons - and explain that in the event of your request being granted, you will produce a revised WS to cover both claims in time for a consolidated hearing in September. 

Small technical point - do I refer to myself in the first person in said email or in the third email - ie referring to myself as "the defendant" instead of I?

Not sure if there is any convention for an email. Just be clear that you are the Defendant in your opening sentence (as you've done above), then continue with what you feel most comfortable and which makes the request 'flow' than 'wooden'. 

How will I know if the case has been moved, given how long its taking for the courts to reply to any correspondence?

You're going to have to telephone the court to which the case has been allocated. 

Dammnit. Was afraid you were going to say that... Only gives me two days to prepare the WS, but luckily I have all the photos and evidence, so its just a case of putting it all together by the end of Thursday, and I think a lot of the information will be the same as the defence?