DCBL - Letter of Claim - Defence to be filed

Le_Kirk

14. I tried once more to reason with the Claimant and their legal team by advising them they were attempting to pursue legal action against the wrong individual (Exhibit xx 12). I reminded them that the driver had not be been named and that I felt hounded by the constant threatening letters. I warned them that if they continued that I would highlight this to the court as evidence of their failure to undertake due diligence.
15. If the Claimant made a genuine error in which they sincerely believed up that I was the Driver, then at this point,  they would have been made aware of that through these this correspondences that I was neither the driver nor the keeper and therefore they should have apologised and instead continued correspondence with the Keeper or requested details of the Driver. Instead they chose to continue to harass me and use my details which I believe is a breach of their statutory duty under the Data Protection Act 2018 and General Data Protection Regulation (GDPR).

Couple of changes if you haven't submitted this yet.

Maybelle

Thank you! which of these email addresses do i use for the courts

enquires.centrallondon.countycourt@justice.gov.uk

CentralLondonDJSKEL@justice.gov.uk

I'll upload the rest of their WS asap

Le_Kirk

If you have been told to submit documents for your hearing, there should be an e-mail dedicated to just that and it is usually on your Notice of Allocation.

Maybelle

They've provided an email for filing of skeleton arguments and trial bundles which is the 2nd one but just wanted to make sure that a WS was a trial bundle?

Le_Kirk

Anything that is going to be used at the hearing constitutes part of the bundle.

Maybelle

Hi everyone just to give you an update. The judge ruled in favour of the claimant. My counterclaim was also dismissed. I’m really disappointed as I don’t understand how this happened. 

It wasn’t really explained what I need to do next. How do I avoid having a CCJ on my record now? 

Redx

Maybelle said:

Hi everyone just to give you an update. The judge ruled in favour of the claimant. My counterclaim was also dismissed. I’m really disappointed as I don’t understand how this happened. 

It wasn’t really explained what I need to do next. How do I avoid having a CCJ on my record now? 

Sorry to hear that , especially if you were neither the keeper or the driver , First Parking and Dcb legal should never have won !

The judge would have made a judgment for the claimant and put a figure and a timeline on it , typically 30 days , so pay the claimant , or their legal team , in full , within the time period in the judgment to avoid the CCJ going on your record

Maybelle

Redx said:

Maybelle said:

Hi everyone just to give you an update. The judge ruled in favour of the claimant. My counterclaim was also dismissed. I’m really disappointed as I don’t understand how this happened. 

It wasn’t really explained what I need to do next. How do I avoid having a CCJ on my record now? 

Sorry to hear that , especially if you were neither the keeper or the driver , First Parking and Dcb legal should never have won !

The judge would have made a judgment for the claimant and put a figure and a timeline on it , typically 30 days , so pay the claimant , or their legal team , in full , within the time period in the judgment to avoid the CCJ going on your record

Yeah I don’t really understand it either. I was convinced this was an open and shut case but the judge felt that because I was protecting the driver I must be the driver. I told the judge I disagree with that but thankfully he was in agreement that their additional fees were unreasonable so it’s not a significant amount I need to pay. Still, very disappointing overall as I’m sure this will only encourage these PPCs to bully and hound people. 

Oh well, no point crying over spilt milk I guess. The most important thing is once I’ve made this payment will this impact my credit rating and if so for how long?

Redx

There will be no impact if you do what I said , the sooner the better , so let's say next Monday for example

Bargepole once mentioned paying the claimant or their lawyers on the way out of the court room , in full

The judge must have told you the figure and mentioned 14 days or 30 days

It's no big secret , you pay in full before the deadline set by the judge !

Maybelle

I’ve made the payment and have a reference number. Do I need to do anything else? I want to avoid impacting my credit rating so please let me know if I need to let the courts or anybody else know