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DCB Legal for CP Plus re Road Chef / Moto PCNs – Advice on defence against Claim

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  • larry63
    larry63 Posts: 35 Forumite
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    Hi All

    I have received communication from DCB Legal, advising they have reviewed my defence and that their client (Cp Plus Ltd T/a Group Nexus) intends to proceed with claim.

     

    Also saying the client maybe prepared to settle the claim.

     

    Also attached is a copy of Directions Questionnaire (Small Claims Track), where DCB have ticked they want to undertake Settlement Mediation.

     

    Can anyone advise how i should respond to this?.

     

    Thanks


  • Coupon-mad
    Coupon-mad Posts: 132,768 Forumite
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    Yes, the NEWBIES thread does...!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • larry63
    larry63 Posts: 35 Forumite
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    Hi CouponCoupon-mad said:
    Yes, the NEWBIES thread does...!
    Sorry for being stupid, but read it many times and again twice this morning.  But cant seem to pick up on he answer to my question.  Stupid i guess... but thats the truth.

    I have not recieved a Directions Questionnaire myself from the court, but still dont know how to respond to the DCB Legal Ltd letter and the attached copy of their N180.

    Can you point my poor eyses / understadning to the part i am clearly not picking up on.

    Your help and input is always greatly appreciated.

    Thanks

     
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 30 June 2021 at 9:20AM
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    File it , it's standard fodder , everyone else gets one too

    What matters is the N180 DQ from the CCBC , as long as that has been emailed by you to the ccbcaq email address and to dcb legal , you have done your part

    If it hasn't arrived yet , check your MCOL claim history to see if or when it's posted , then do your job as I mentioned above ( checklist point 8 )

    Read and follow the checklist in the defence template thread , most people get halfway through it and stop , don't be one of them ( you have ignored 7 & 8 , especially 7 )
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    larry63 said:
    Hi All

    I have received communication from DCB Legal, advising they have reviewed my defence and that their client (Cp Plus Ltd T/a Group Nexus) intends to proceed with claim.

     

    Also saying the client maybe prepared to settle the claim.

     

    Also attached is a copy of Directions Questionnaire (Small Claims Track), where DCB have ticked they want to undertake Settlement Mediation.

     

    Can anyone advise how i should respond to this?.

     

    Thanks


    AH, one of those DCBL letters ??

    (Cp Plus Ltd T/a Group Nexus) intends to proceed with claim ?
    That's good, nothing better than seeing DCBL spanked in court

    Also saying the client maybe prepared to settle the claim. ?
    SETTLE WHAT ?  oh they mean the scam ticket and the fake charges
    How can Group Nexus even think about settling when they made it clear to RoadChef of all their costs ..... the Group Nexus lie to RoadChef ?

    MEDIATION.
    100% NO .... and here is the reason ..... you would be talking to someone who is clueless and on par with POPLA and the IAS who dragged themselves in the gutter a long time ago.

    YOU NEED a face to face with a judge (or Zoom))
    You have enough information to get DCBL spanked by the judge and then you can claim your costs

    No doubt DCBL know this and should advise CP Plus to discontinue

    Right now, Group Nexus are on course to create a big problem for RoadChef. 
  • larry63
    larry63 Posts: 35 Forumite
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    Redx said:

    If it hasn't arrived yet , check your MCOL claim history to see if or when it's posted , then do your job as I mentioned above ( checklist point 8 )

    Read and follow the checklist in the defence template thread , most people get halfway through it and stop , don't be one of them ( you have ignored 7 & 8 , especially 7 )
    Checked the MCOL, and N180 not issued yet.

    Thanks for pointing out where i have missed areas in my recent readings... will go back and reeducate myself.  Appreicate the poniter. Ta
  • larry63
    larry63 Posts: 35 Forumite
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    Send a SAR to Roadchef (go on, you know you want it from them!).
    ROADCHEF REFUSE SAR REQUEST AT VERY LAST MINUTE OF THE 1 MONTH TIME LIMIT

    We acknowledge that you have requested copies of the information set out in your aforementioned initial email and also that the said information is “very pertinent with regards to action being taken against Roadchef” according to your additional email.

    Having taken the time to review your specific Subject Access Request very carefully indeed, we confirm that (where we do actually hold the information requested) the Data Protection Act 2018 provides us with an exemption from particular UK GDPR provisions on your right of access. In this case, the Legal Professional Privilege exemption applies. We refer you to Schedule 2, Part 4, Paragraph 19 of the Data Protection Act 2018 which states:

    Legal professional privilege

    19. The listed GDPR provisions do not apply to personal data that consists of —

    (a) information in respect of which a claim to legal professional privilege or, in Scotland, confidentiality of communications, could be maintained in legal proceedings, or

    (b) information in respect of which a duty of confidentiality is owed by a professional legal adviser to a client of the adviser.”

     

    We regret that we are unable to provide you with any of the information requested.


    So they will not allow me access to information they hold to help me understand what information they have to enable me to defend myself against their appointed aggressors...


    Should this fact be included in the N180, and or witness statements?


  • Umkomaas
    Umkomaas Posts: 41,511 Forumite
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    edited 3 July 2021 at 8:50AM
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    What exactly did you ask for?  Was it just the standard SAR template that you used?

    Ask the ICO for their view on RoadChef claiming total exemption from providing any personal information they hold about you. We're not the expert resource on subject access request minutiae, so do go to the ICO, the horse's mouth.

    EDIT TO ADD

    RoadChef are not 'legal professionals', so exactly what 'privilege' are they claiming - ask them?  Check out the criteria for 'legal privilege' before firing both barrels. Ask them are they involved in litigation against you. So, I'd go back to them to ask the above, then to require them to provide you your information in full or this will result in a complaint to the ICO.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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