DCB Legal letter before Claim, Driver named

KeithP

Ah... St George Wharf, Vauxhall.

Perhaps you should compare notes with @Robbo25 who suffered something similar there.

He is a little ahead of you, having just filed a Defence yesterday.

skitahoewhite

KeithP said:

Ah... St George Wharf, Vauxhall.

Perhaps you should compare notes with @Robbo25 who suffered something similar there.

He is a little ahead of you, having just filed a Defence yesterday.

It is indeed, the very same St. George Wharf
Ah, right. That's really helpful. I'll look at his thread 

D_P_Dance

 given a lack of contractual jurisdiction in the agreement between the landlord and the contractor 

What on earth does this mean, I doubt that it would impress a judge. 

skitahoewhite

D_P_Dance said:

 given a lack of contractual jurisdiction in the agreement between the landlord and the contractor 

What on earth does this mean, I doubt that it would impress a judge. 

My understanding is that the contract with First PArking is with the landowner and not the management firm. Ie. it is not their problem bc they are intermediaries not the contract holder. Basically, they can't be bothered!

Fruitcake

It is more likely that the alleged contract is between the scammers and the management firm. It should be with or flowing from the landowner. If the latter, there must be a contract with the landowner allowing the management firm to have a contract with a third party scammer, but it very rarely is, so no landowner authority should always be included in any appeal or court defence.

skitahoewhite

****UPDATE*****
I emailed DCBLegal confirming that I was the driver within their 14 day period, albeit it was on the beginning of the14th day, 
yet they sent out a county court claim addressing the keeper which was received on Saturday! I've received an email this morning saying that I am not authorised to discuss that matters as my response was outside the 14 period. Have they decided to remove a day for good measure??? They are now refusing to acknowledge my questions and referring back to the keeper of the vehicle! Geez, DCBlegal are a bunch of muppets!
Further, I have emailed back to the property management firm asking for a deeper dive into the matter further explaining my position. 

Umkomaas

If the claim has been issued in your wife's name it is now live and she must deal with it (obviously you can do the work, but all under her name and signature). The time for arguing who the driver was has to become temporarily subordinate to the timeline available for dealing with the claim itself. It can be added initially to the defence and subsequently to the Witness Statement. 

This is unlikely to hit a court hearing until the latter part of this year, but you (or rather your wife) must hit every required deadline in between, otherwise she loses and she pays First Parking their pound of flesh. 

Forum regular @K@KeithP will helpfully provide you with your target dates if you can provide the forum with the Date of Issue shown on the N1 court claim form. 

skitahoewhite

Umkomaas said:

If the claim has been issued in your wife's name it is now live and she must deal with it (obviously you can do the work, but all under her name and signature). The time for arguing who the driver was has to become temporarily subordinate to the timeline available for dealing with the claim itself. It can be added initially to the defence and subsequently to the Witness Statement. 

This is unlikely to hit a court hearing until the latter part of this year, but you (or rather your wife) must hit every required deadline in between, otherwise she loses and she pays First Parking their pound of flesh. 

Forum regular @K@KeithP will helpfully provide you with your target dates if you can provide the forum with the Date of Issue shown on the N1 court claim form. 

That's ridiculous.They prematurely filed that claim. Is there anyway for the claim to be cancelled? 

nosferatu1001

Did you send them
- drivers full name
- drivers serviceable address
?
When was the claim form issued? If it was a suitably clear time after you Emailed(?) the above TOTAL info, then DCBL are in trouble
They have knowingly issued a claim to someone who has no liability. This is because their deadline is irrelevant - what matters is that the above COMPLETE info is received before proceedings commence. Proceedings commence hwen they file a claim, not at any point before.
If you can confirm the above aassumptions are all true, then obviously the DEFENDANT - not you!  - has a complete defence in POFA, and that gets banged in as para 3. Front and centre. You ask the court to dismiss the claim on this basis alone, as there is no prospect of success for the claimant. I would put the dates in to show when you mailed the full info vs when the claim was issued, and state the relevant para in POFA

skitahoewhite

nosferatu1001 said:

Did you send them
- drivers full name
- drivers serviceable address
?
When was the claim form issued? If it was a suitably clear time after you Emailed(?) the above TOTAL info, then DCBL are in trouble
They have knowingly issued a claim to someone who has no liability. This is because their deadline is irrelevant - what matters is that the above COMPLETE info is received before proceedings commence. Proceedings commence hwen they file a claim, not at any point before.
If you can confirm the above aassumptions are all true, then obviously the DEFENDANT - not you!  - has a complete defence in POFA, and that gets banged in as para 3. Front and centre. You ask the court to dismiss the claim on this basis alone, as there is no prospect of success for the claimant. I would put the dates in to show when you mailed the full info vs when the claim was issued, and state the relevant para in POFA

Yes, the above is correct. The driver was named by the keeper on February 11th via email. A confirmation letter was sent to the driver on the 26th of February, giving 14 days to respond. The email was sent at about 9.30 am on March 12th (exactly 14 days from letter receival). The County Court issue date was March 12th. So in fact they did not adhere to the 14 day period and as you say their deadline is irrelevant. 
Is the POFA the only point of defense put into the Paragraph 3? IS there anything else noted?