DCBL and DCB Legal Letter of Claim

Kaston

D_P_Dance said:

The added £60 is almost certainly unlawful,  read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

Thanks for this.  I had seen it while carrying out my searches and looking more closely at it is on my to do list now that I've got the initial stages of SAR and email to solicitors out of the way.  It's a steep learning curve but hopefully I'll be able to gain a lot more knowledge about the whole process and how to put together a defence before the next stage, presuming they do decide to pursue a claim.

Kaston

PAS and DCB Legal did pursue the claim.  Using information I read on this forum, I applied for a SAR which Parking Awareness Services took longer than allowed to reply to, but they did reply.  I filed a defence on 12/11/21 and had an email from DCB Legal on 10/12/21 advising that their client was proceeding with the claim and also attached a copy of their N180 DQ form.  I waited for mine and received it this morning (30/12/21).  It said that I have until 07/01/22 to complete and return it.  I know I can complete a PDF copy and email it to the court and to DCB Legal which I will do.  I then checked my case on MCOL and it shows that they did not file their N180 until 21/12/21.  I'm sure I read somewhere that they only have a certain amount of time to file this after I submitted my defence but now I can't find the information I thought I'd seen.

Is there a time limit or am I mistaken?

KeithP

There is a time limit. You are not mistaken.
However, it might be difficult to work out.

The CCBC sent you a letter saying the Claimant had twenty eight days to consider your Defence.

What you don't know is when the CCBC sent a copy of your Defence to the Claimant. 

It follows from that that it is not known when the Claimant has to respond to the CCBC. 

So let's guess...

You filed a Defence on 12th November.
Let's say it took a week for the CCBC to send the Defence to the Claimant - say the Claimant received your Defence on 19th November.
The Claimant had twenty eight days to consider your Defence - 17th December
17th December to 21st December is only four days - two of which are a weekend.

The courts, including the CCBC were closed 24 December to 28th December inclusive.

I would suggest that it is quite possible that the Claimant acted within their time limits and perhaps a couple of extra days were lost within the CCBC.

Kaston

KeithP said:

There is a time limit. You are not mistaken.
However, it might be difficult to work out.

The CCBC sent you a letter saying the Claimant had twenty eight days to consider your Defence.

What you don't know is when the CCBC sent a copy of your Defence to the Claimant. 

It follows from that that it is not known when the Claimant has to respond to the CCBC. 

So let's guess...

You filed a Defence on 12th November.
Let's say it took a week for the CCBC to send the Defence to the Claimant - say the Claimant received your Defence on 19th November.
The Claimant had twenty eight days to consider your Defence - 17th December
17th December to 21st December is only four days - two of which are a weekend.

The courts, including the CCBC were closed 24 December to 28th December inclusive.

I would suggest that it is quite possible that the Claimant acted within their time limits and perhaps a couple of extra days were lost within the CCBC.

Thanks for clearing that up KeithP.  At least I'm not going mad.  I suppose I'd better get on with emailing a PDF copy and getting my evidence together.

Redx

Yes , complete the N180 according to the advice in the newbies FAQ sticky thread , second pos , plus it's mentioned in the 12 numbered steps by coupon mad in her defence template post too

Email it to the ccbcaq email address and check for the email auto receipt that is emailed back , then you have completed your current tasks

Then await your nominated court to send you Court orders within a few months , for a hearing in spring or summer next year

Yes gather your evidence for the witness statement plus exhibits plus summary costs assessment stage , a few weeks before the hearing.  You have some of it from your SAR several months ago

The time delay you queried is a sideshow , nothing to see , means nothing and is going nowhere , concentrate on stuff that does matter ( delays due to the impact of the pandemic are far reaching and easily explained away )

Kaston

Redx said:

Yes , complete the N180 according to the advice in the newbies FAQ sticky thread , second pos , plus it's mentioned in the 12 numbered steps by coupon mad in her defence template post too

Email it to the ccbcaq email address and check for the email auto receipt that is emailed back , then you have completed your current tasks

Then await your nominated court to send you Court orders within a few months , for a hearing in spring or summer next year

Yes gather your evidence for the witness statement plus exhibits plus summary costs assessment stage , a few weeks before the hearing.  You have some of it from your SAR several months ago

The time delay you queried is a sideshow , nothing to see , means nothing and is going nowhere , concentrate on stuff that does matter ( delays due to the impact of the pandemic are far reaching and easily explained away )

Thanks Redx. I’ve read the advice on filling out the N180 and downloaded it. It all looks simple enough. I’ll get it emailed this weekend.  It’s the next stage I’m starting to get a bit jittery about. I definitely don’t want to make any mistakes with evidence and witness statement.  Time for some more reading I think.

Redx

I wouldn't email it whilst the CCBC is closed !!  0901 on Tuesday if it were me , checking for the email auto receipt

Kaston

Good point.  It just has to be returned by 7th Jan so leaving it until Tuesday will be fine.

callumtaitch28

Hi everyone,

I'm struggling to find the newbies thread on challenging the decision, can some one point me in the right direction please.

Thnaks,
Callum

Coupon-mad

Yes. See my signature for where to click.

You are reading very old threads. Stop reading old stuff and click to page one.