DCB Legal letter before Claim, Driver named

nosferatu1001

Number questions, it really helps us address without block quoting

1) The figure comes from prior cases, which once youve READ the counterclaims, will be clearer. 
2) Drop Hands is a settlement offer and therefore nothing to do with the court. It would be a direct offer to the clasimant; drop hands means neither side gets any money from the other side. 
3) I have no real idea what you mean by your response to C-M. Be clearer!

Coupon-mad

Look at the examples of what a counterclaim looks like and where it goes, right under a defence based on the usual template.

skitahoewhite

++++UPDATE++++
DCBLegal have sent and email with an "offer" after the review of the case- see below:

"Good Morning,

 

Following an internal review of the case, we write to inform you that we would like to provide you with the opportunity to make payment in the sum of £160.00 to resolve this matter. Once the payment of £160.00 is received, we will close our file and there will be no further action.

 

Payment can be made via our website at www.dcblegal.co.uk, via telephone to our office on 0203 434 0433, or alternatively our bank details are attached.

 

Should this payment of £160.00 not be received by 17/04/2021, a Claim will be issued against you, in your name."

I suspect that a drop hands offer is the best response to the above. Anyone have any further suggestions?

I assume that I also need to respond to the county claim ACK still needs to be done. Right? 

nosferatu1001

Drop hands, state you are confident in your defence and that drop hands has real value to them, as otherweise they will be paying your costs of attendance

Have you not done the AoS (dont say ACK) yet? You do it 5 days from date of issue, following the newbies thread. No idea why you would not do so.

beamerguy

skitahoewhite said:

Following an internal review of the case, we write to inform you that we would like to provide you with the opportunity to make payment in the sum of £160.00 to resolve this matter. Once the payment of £160.00 is received, we will close our file and there will be no further action.

The jokers card again ...... DCBL are still thinking they can scam with that fake £60

A drop hands offer is vitak

Fruitcake

You have nothing to lose by making a drop hands offer, and each side to bear their own costs.

Johnersh

Theres a similar line of defence in the "one parking solution taking me to court" thread. I'm on the mobile so can't link to it.

No harm on explaining to the ppc that their case is without merit. 

Given that notification of Driver was given in writing (by email) it's difficult to see that there is a basis for them to pursue the RK.

PoFA refers to providing a name and address it does not require that the newly named individual respond. In fact, he did so. 

The correct approach, if uncertain, should be for the ppc to have issued proceedings against both. They elected not to do that, which was their risk.

They also elected to issue to their own self imposed deadline, without a response.  Whilst permissible in law, the factual position demonstrates just how hasty that decision was. They chose to take no account of slower post during the pandemic. Again, their prerogative, but not a factor that now allows them to pursue the RK.

They should discontinue and issue fresh proceedings, assuming they're still in time. This is not a case of mistaken identity, but a conscious decision to pursue the person who is the wrong defendant. 

skitahoewhite

+++UPDATE 2+++
Thanks once more for everyone's really sound advice.
DCBLegal have now opted to discontinue the case. An email was sent to the keeper this afternoon outlining their withdraw. So it seems they have recognised that their position for that case was w/o merit to pursue. 
I aim to still planning a drop hands settlement email on the basis that we can file a new claim for the misuse of data/breach of GDPR, and failure to comply with PoFa and of due process to recover damages (£900 as previously mentioned as benchmark).
Further to the above, in order to pursue me they need to give me due process by presenting me with the appeals process from first parking is my understanding. 
Is it possible by emailing me and threatening court action that they have not allowed due process? Ie allowing me to defend myself through an appeal and through Popla.

nosferatu1001

Why would you send a drop hands now?! 
A drop hands was when you both had something to gain. They give up the case, you give up counterclaim
You no longer gain anything - theyve lost their ONE bargaining chip! 
They do not have to give you ANY appeals process. There is no regulation requiring them to do so. 

skitahoewhite

nosferatu1001 said:

Why would you send a drop hands now?! 
A drop hands was when you both had something to gain. They give up the case, you give up counterclaim
You no longer gain anything - theyve lost their ONE bargaining chip! 
They do not have to give you ANY appeals process. There is no regulation requiring them to do so. 

The benefit is that they drop all proceedings against me and eat the ticket or risk being pursued by the keeper for damages for the reasoning above. This is not a counterclaim but a new claim against them which action can be taken, from what I can see. 
If the transfer of liability has shifted, DCBLegal needs to relay that information back to First parking to update their database and serve a new notice, allowing the chance to defend that claim or invoice.

As noted by @Coupon-mad on the first page of the thread "So if that driver is you, reply and say yes you believe you were the driver and understand that the registered keeper has correctly transferred liability to you, but you have had no information and no evidence. 
And you have never received a PCN yourself so have had no chance to appeal, or use POPLA.  As such, ask them to tell their clients to update the system to show you as the correct motorist in this case and to send you a Notice in the post so you can appeal.  Ask specifically for images of the car and a close up of the signage terms and explanation of the alleged contravention as well, so you can make an informed decision."