Dcbl letter before claim stage

KeithP

Cp100 said:

Coupon-mad said:

Tell them they have missed the boat because their client has already filed a claim for PCNs with exact same facts, and under the doctrine of cause of action estoppel, more claims can't be added later (authority: Henderson v Henderson and more recent case law confirming this).

Hi,

just received another county court letter for these two pcns as well.

It would be helpful if you told us exactly what 'another county court letter' actually means.

Cp100

Also had an update after filing my defence. Dcb legal sent me a letter informing me their client intends to proceed to court and to contact them within 7 days to discuss a settlement out of court. 

My question is, is it worth trying to settle it as if it goes to court like they say I could end up paying the whole amount? 

Also they have filed another court claim for another two pcns. When I spoke to someone on the phone today (the court contact number) she said that it is normal for them to file another case and it’s not against any rules or law…

Redx

This is covered in the 12 numbered steps by coupon mad in the defence template post , first post , a standard waypoint on your long journey

In a word , NO

They should not be mentioning legal advice

Henderson versus Henderson case is the estoppel that applies , stopping piecemeal drip feeding of cases , one case for all , look up the case , the defences using it as estoppel , to get the extra cases estopped ( or combined into one claim , with one set of costs , not multiple repeat costs

So can they do this ? Yes

Should they do this ?
 No

Should they issue one claim for everything ? Yes

Does Henderson apply ( meaning estoppel applies ) ? Yes

AFAIK

Coupon-mad

My question is, is it worth trying to settle it as if it goes to court like they say I could end up paying the whole amount? 

No, is the answer.

Also they have filed another court claim for another two pcns. When I spoke to someone on the phone today (the court contact number) she said that it is normal for them to file another case and it’s not against any rules or law.

But it is against the law doctrine of Cause of action estoppel.  Henderson v Henderson as you will find all over the forum on other threads.  Court clerks are not legally trained and should not be making comments like that.

patient_dream

And I just posted this in another DCBL thread about setlling out of court

DCBL wanted to be TOP DOG ..... they took over from BWLegal and the daft claims.

DCBL are now wanting to settle before court ... they must be realising that the UKPC claims belong in the mickey mouse club

One judge recently said and it sums up DCBL ..
7 January at 4:15PM 7 January at 4:40PM  <<<< CLICK

The judge went onto state it was a bit of a joke the way parking companies send in reps to present cases such as this. 

 A joke indeed and if they want to settle before court, it's to save their face and to collect money along the way.

If you get a DCBL letter wanting to settle, the answer is NO. Go to court, get them spanked and hopefully the judge will award your costs

Cp100

Hi all just an update on this.

the first claim has now been sent to the court and I am awaiting a date. 

The second claim I have just sent off my n180 form. I was under the impression this second case is not possible to go ahead because of cause of action el stoppel so I’m not sure how this is still proceeding? 

If anyone could shed some light that would be great. Abit gutted about having to go to court and taking a day off work. 

Coupon-mad

It will proceed until and unless a Judge puts an end to it.  Cause of action estoppel is correct but not a magic wand that just kills a claim without a Judge looking at it (a bit later on).

Cp100

Just thought I’d update this thread…


the first claim filed which was the larger claim has not been processed and the court have said they are awaiting some information which they have now chased today. 

The second claim is going to a video hearing at the end of next month. I did try to use cause of action el stoppel for this but it hasn’t worked. 

Does this mean when they have the final information for the first claim the court will strike it out or is cause of action el stoppel not guaranteed? 

Also with it going to a hearing what are the chances of me having to pay the full claim? I’m assuming they are high, and what sort of things should I be prepared to say? Sorry if I sound silly I’ve just never had to deal with anything like this before. 

Thank you in advance  

Le_Kirk

Cp100 said:

I did try to use cause of action el stoppel for this but it hasn’t worked. 

Does this mean when they have the final information for the first claim the court will strike it out or is cause of action el stoppel not guaranteed? 

It is action estoppel.  Do you know what information the court is waiting for?

Cp100

Le_Kirk said:

Cp100 said:

I did try to use cause of action el stoppel for this but it hasn’t worked. 

Does this mean when they have the final information for the first claim the court will strike it out or is cause of action el stoppel not guaranteed? 

It is action estoppel.  Do you know what information the court is waiting for?

that’s the one, couldn’t quite remember. And they did not tell me what information they have been waiting for.