Newbie =DCB Legal Letter of Claim/ Claim Form Help. From First Parking LLP

newbie772

Hi, this is my first time posting on this site. I had a received a DCB Legal letter of claim in February for an old University fine over 2 years ago. I made the big mistake of assuming it was another annoying Debt Collector letter so just ignored it as I hadn't received one in a over a year.  However, now I've recieved a claim form as I ignored the Letter of Claim. 

The fine was for parking at the University campus not being within the bay markings. I did have the permit to park there. I've made a huge mistake in missing the deadline for replying to the Letter of Claim for the Aos form. I've read the newbies forum and I don't wish to go through the process of the local hearing in court. I'm wondering if it's possible to pay just the £120 sum which was requested in the Letter of Claim as I really want to be done with this whole mess

The Claim Form states in the Particulars that "4. The driver agreed to pay within 28 days but did not". " Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date HEREOF at a daily rate of £0.03 until judgement or sooner payment" Also, the fee is over £200 with the interest, court fee and legal representative's costs.

The issue date of the Claim Form was 19th April and the Letter of Claim was 17th February. 

Have I missed anything out? Any advice would be great!  

Redx

They would only accept that total on that claim form , not the lower one

It's a live court claim now , with bigger stakes

Do the AOS online next Monday , to give you 33 days from the issue date of 19 April , so nearer the end of may

Email a SAR to the DPO at First Parking attaching a copy of the claim form as proof of I D under the GDPR law to obtain all your data

Forget about the LBC , it's now irrelevant

KeithP

Hello and welcome.

newbie772 said:

The issue date of the Claim Form was 19th April...  

With a Claim Issue Date of 19th April, you have until Monday 10th May to file an Acknowledgment of Service. If possible, do not file an AoS before 24th April, but otherwise, there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Monday 24th May 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

newbie772

KeithP said:

Hello and welcome.

newbie772 said:

The issue date of the Claim Form was 19th April...  

With a Claim Issue Date of 19th April, you have until Monday 10th May to file an Acknowledgment of Service. If possible, do not file an AoS before 24th April, but otherwise, there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Monday 24th May 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Thanks Keith. I have a few questions. 

Firstly the driver off the vehicle was me but the owner was a family member, so the letter has been sent to the registered owner.  When filling out the AoS should it be in the driver's name or the owner's name?, as ideally I don't want to take up my family member's time with the process and I want to deal with the case myself

Secondly, do majority of these cases go to a local court hearing?, or is that a stage that comes after the defence email. I don't want to go deal with the time of a court hearing if worse came to worse

Why should I wait till the 24th to file the AoS? Is it because it will give me the longest period of time to get the defence ready?

Also is it likely from cases you have seen that after the defence email ( depending on the quality of defence), the case will be dismissed and will be no need to go the court?

Sorry for so many questions and thanks again for the advice 👍

Coupon-mad

I've read the newbies forum and I don't wish to go through the process of the local hearing in court.

Nor does anyone but the Defendant (NOT YOU!) has no choice now.  We win 99% of cases and, due to COVID, these hearings are done over the phone now.  No visit to any court.

I'm wondering if it's possible to pay just the £120 sum which was requested in the Letter of Claim as I really want to be done with this whole mess.

Nope.  If that was an option then the NEWBIES thread would tell you.  Nope, you can't, so stop panicking and please take on board that this is the stage where THE DEFENDANT KEEPER (not you...) can win, at last, and the scam will be over this year.  No risk, no huge costs, no CCJ, nothing bad.  And the claim is exaggerated by £60 or £70, so even if your family member loses, they'd pay less than the silly amount claimed (NO CCJ) so what's not to like?!  

Firstly the driver off the vehicle was me but the owner was a family member, so the letter has been sent to the registered owner.  When filling out the AoS should it be in the driver's name or the owner's name?, as ideally I don't want to take up my family member's time with the process and I want to deal with the case myself.

You can't.  The keeper had plenty of chances to name you as driver and it is TOO LATE now.  They are the Defendant. You can do all the research and typing but everything must be done in their name, NOT YOURS. YOu can't change the name of the Defendant to the driver.

Also is it likely from cases you have seen that after the defence email ( depending on the quality of defence), the case will be dismissed and will be no need to go the court?

No chance!  Not that early.

 do majority of these cases go to a local court hearing?, or is that a stage that comes after the defence email. I don't want to go deal with the time of a court hearing if worse came to worse

Phone hearing for the registered keeper.  Yes, most DCBLegal cases continue to phone hearings  

You could always be their ley rep and attend the call as well, and speak for them.  But they MUST attend the call too.

Why should I wait till the 24th to file the AoS? Is it because it will give me the longest period of time to get the defence ready?

Because why would you give the keeper a shorter time to defend than the whole 33 days, they might need that time.  This is not your case...it's theirs.

Redx

Forget about owners , it's keepers who matter , in this case the registered keeper , the person on the DVLA database and the V5C , so they are the defendant and everything is done under their name , they are going to court , not you , it's nothing to do with you and you cannot transfer it to your name either

You re their assistant , the gopher , the silent partner !!

AOS is done online , by that defendant , in their own name

It may well go to a court hearing at their local court , but due to covid is likely to be a telephone hearing , not in person

Delaying that AOS until Sunday or later gives more time , so invokes the dates KeithP gave you as maximums to prepare , especially the defence

No it is unlikely to be dismissed at defence stage , more likely nearer the hearing date in several months time

So to be clear , it's not your court claim , not your defence , nothing to be done in your name , all in the defendants name , the registered keeper. If a registered keeper decides to lend their vehicle out , this can be one of the consequences

KeithP

newbie772 said:

KeithP said:

Hello and welcome.

newbie772 said:

The issue date of the Claim Form was 19th April...  

With a Claim Issue Date of 19th April, you have until Monday 10th May to file an Acknowledgment of Service. If possible, do not file an AoS before 24th April, but otherwise, there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Monday 24th May 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Thanks Keith. I have a few questions. 

Firstly the driver off the vehicle was me but the owner was a family member, so the letter has been sent to the registered owner.  When filling out the AoS should it be in the driver's name or the owner's name?, as ideally I don't want to take up my family member's time with the process and I want to deal with the case myself

The Acknowledgment of Service must be done in the name of the Named Defendant.

newbie772 said:

KeithP said:

Hello and welcome.

newbie772 said:

The issue date of the Claim Form was 19th April...  

With a Claim Issue Date of 19th April, you have until Monday 10th May to file an Acknowledgment of Service. If possible, do not file an AoS before 24th April, but otherwise, there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Monday 24th May 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Secondly, do majority of these cases go to a local court hearing?, or is that a stage that comes after the defence email. I don't want to go deal with the time of a court hearing if worse came to worse

Once this stage is reached it is quite likely that a hearing will follow. However, having said that, if a strong Defence is filed, there is a good possibility of the Claimant throwing in the towel at some stage.

newbie772 said:

KeithP said:

Hello and welcome.

newbie772 said:

The issue date of the Claim Form was 19th April...  

With a Claim Issue Date of 19th April, you have until Monday 10th May to file an Acknowledgment of Service. If possible, do not file an AoS before 24th April, but otherwise, there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Monday 24th May 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Why should I wait till the 24th to file the AoS? Is it because it will give me the longest period of time to get the defence ready?

Yes, exactly that.
In fact, if you were to file an AoS now, then your Defence filing deadline becomes 4pm on Friday 21st May 2021.

newbie772 said:

KeithP said:

Hello and welcome.

newbie772 said:

The issue date of the Claim Form was 19th April...  

With a Claim Issue Date of 19th April, you have until Monday 10th May to file an Acknowledgment of Service. If possible, do not file an AoS before 24th April, but otherwise, there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Monday 24th May 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Also is it likely from cases you have seen that after the defence email ( depending on the quality of defence), the case will be dismissed and will be no need to go the court?

As I said above, the stronger a Defence, the greater the likelyhood of the Claimant giving up.
But of course, there is a bit of a gamble/ crystal ball gazing here. 

newbie772

Redx said:

Forget about owners , it's keepers who matter , in this case the registered keeper , the person on the DVLA database and the V5C , so they are the defendant and everything is done under their name , they are going to court , not you , it's nothing to do with you and you cannot transfer it to your name either

You re their assistant , the gopher , the silent partner !!

AOS is done online , by that defendant , in their own name

It may well go to a court hearing at their local court , but due to covid is likely to be a telephone hearing , not in person

Delaying that AOS until Sunday or later gives more time , so invokes the dates KeithP gave you as maximums to prepare , especially the defence

No it is unlikely to be dismissed at defence stage , more likely nearer the hearing date in several months time

So to be clear , it's not your court claim , not your defence , nothing to be done in your name , all in the defendants name , the registered keeper. If a registered keeper decides to lend their vehicle out , this can be one of the consequences

Thanks for the advice everyone 👍. 

Will make the sure the AOS is done on monday. 

Lastly, RedX you mentioned in the first reply Emailing a SAR to the DPO at First Parking. Should this be done as early as possible?

Redx

Yes , using the email address of the registered keeper , the defendant , attaching an unredacted copy of the claim form as proof of their I D , to obtain their data , so in their name and their email address , not yours

Please note , when you said that you had received letters , an LBC and the claim form , it's completely not true , the registered keeper received them in their own name , you need truth and clarity here , you did not receive anything , if you wanted this in your name , the registered keeper should have named you as driver , before the Court claim was issued , too late now

Do everything in their own nane

newbie772

Hi, everyone. The defendant has received the SAR with all the information regarding the situation and is now going to start getting a defense together. Is it possible for him, to show screenshots of the details of the SAR on this forum page?
Thanks

Le_Kirk

newbie772 said:

Hi, everyone. The defendant has received the SAR with all the information regarding the situation and is now going to start getting a defense  defence together. Is it possible for him, to show screenshots of the details of the SAR on this forum page?

Yes, subject to the vagaries of the forum in allowing files/pictures/pdf's to be attached.  The data from the SAR is usually more useful at Witness Statement stage.  Your defence is almost written for you in the Standard Defence Template on the first page of the forum (one of the first five announcements).