Advice on court defence submission - Highview parking Ltd

RCDSP21

Hi
I have been contacted by a representative for DCB Legal by telephone and email saying that their client may be prepared to settle outside of court and asking if I would have a without prejudice conversation in relation to settlement of the claim. 
I have not responded to them at present and wondered what your advice would be?

Has anyone had such a conversation in relation to settlement? What are they likely to propose?

If I don't wish to have such a conversation would it look unfavourable on my part? and do I respond to their email/how do I reply?  

Many thanks for any help.

Jenni_D

Never ever have telephone* discussions direct with a claimant or legal (or debt collector). You have no obligation to do so, and a conversation provides no evidence of what was discussed.

My advice would be to offer them (by email) £0 and both parties walk away bearing their own costs (a drop-hands offer). Any other offer is unacceptable.  

* Did you give them your number?

RCDSP21

Thank you for your advice.
I don't know where they got my phone number from? I don't believe that I have ever given it to them as I have only ever emailed them copies of the relevant forms/documents. 

Redx

As mentioned above , if doing anything , make a drop hands offer , each side walks away bearing their own costs , normally there is no compromise position , it's usually all or nothing !

Presumably the claimant or their lawyers have done a trace and obtained your mobile phone number , your data

Coupon-mad

The answer is, NO.  Chances are they are trying to find out who was driving and if you tell them 'no' and not to ring you and you will see them in court, they will probably discontinue.

RCDSP21

Would the following be ok to reply back to their email? 

Without Prejudice

I am writing with reference to your email below and voicemail of ... where you stated that your client may be prepared to settle the matter outside of court and asked if I would be agreeable to have a without prejudice conversation in relation to settlement of the claim.

I do not wish to engage in a telephone conversation however if your client is willing to settle the matter outside of court I propose a drop hands offer and both myself and your client walk away and bear our own costs. 

If your client is agreeable to this please let me know by replying to this email.

Regards

I'm not sure if I need to use the term 'drop hands offer' or do I be more specific and actually write that I offer £0? 

Thank you for any help/advice.

Coupon-mad

Looks fine, no need to add more.

Jenni_D

Should that be WP Save As To Costs? (I'd assume the OP would want the option to show it to a judge IF CEL did proceed with the claim and after the OP wins, to show that the OP acted reasonably yet the claimant decided to pursue their meritless claim anyway).  

RCDSP21

Thank you for your reply, I will wait for clarification to your question above before sending the email (I'm assuming the question is to Coupon-mad).

I am just putting together my witness statement and have a question;
As I am defending this as the keeper and definitely not the driver do I need to elaborate on how I know this (ie state that I was there but as a passenger, leaving the driver sitting in the car whilst I went into a store to collect a parcel)? or do I just again confirm that I definitely wasn't the driver?

Le_Kirk

Your witness statement backs up and supports your defence, therefore if you said in your defence that you were a passenger (or intimated such) then yes, your WS should back up that assertion.  If you can get a statement from the driver to back up what you said that would help.