Letter of Claim received for PCN from 2018 - DCB Legal Ltd representing Parking Control Limited

Umkomaas

Might be a bit different with more than one ticket but I thought I'd draw your attention to this fairly recent thread which you might have missed. You must keep going through all the necessary court procedure phases, but the hope is that your case will follow the same pattern as all those detailed in the thread. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Firestrumer

Umkomaas said:

Might be a bit different with more than one ticket but I thought I'd draw your attention to this fairly recent thread which you might have missed. You must keep going through all the necessary court procedure phases, but the hope is that your case will follow the same pattern as all those detailed in the thread. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

What an excellent initiative and great thread.  I'll be sure to continue my thread until we get to a conclusion.

On the 2 ticket thing, I've deliberately kept them separate so each can be heard on their own merits and not be potentially seen as a pattern. Also costs them more  

Firestrumer

Coupon-mad said:

Sounds good but I would expect they will object to that order due to the dates.

And we've seen this sort of order before: the Claimant's solicitors will send further Particulars next month and it will continue.

That would be my expectation too, which is unfortunate. However, given this judgement and a pattern of stopping proceedings just before the court date, they have an excellent opportunity here to stop throwing good money after bad.  Time will tell, but this is starting to get interesting! 

Firestrumer

Hello Everyone

So 2 updates from me.

1 - The claimant has resubmitted their claim with new particulars against the case struck off by the court.  According to the Order the court sent out, this was to be submitted before the end of November.  The letter they sent is dated December, so they missed the cut off by a week.  Given this do you think the courts will not accept their revised position and is there anything I need to do?

2 - On the 2nd ticket, we now have a court date in March!  Witness statement is prepared. My understanding is that this is submitted 2 weeks before.  Is that correct?

Thanks for reading! 

Coupon-mad

Depends what the Court letters say the deadline is!

Firestrumer

"The Claimant must by 4:00pm on xx November 2022 file and serve a Particulars of Claim supported by a statement of truth identifying........

"If the Claimant fails to comply with the above direction, the claim shall be struck out automatically and without further order."

Their letter was submitted and dated this week.

Coupon-mad

But either that letter or the hearing letter (OR the much earlier Notice of Allocation) almost certainly states - on the back in the blurb - what all parties must do and by when, prior to the hearing.

Are we talking about two different claims here?  Very confusing.  The one with the Hearing Date will have a deadline for you to file & serve the evidence & WS.

One has a hearing date and one doesn't?

You COULD try an email to the Judge, pointing out that the C failed to comply with the Order.  I would!  Nowt to lose.

Firestrumer

Thanks Coupon-Mad 

I've spent years suggesting people RTFM so thank you for reminding me of the basics and sending me back to their notice.

I've written to the court, looking for clarification and will let you know what I hear back.  Thanks once again for your guidance

Firestrumer

It's been a moment, so a quick update on progress.

I emailed the court highlighting the claimant had missed the deadline and failed to comply with the order, asking for clarification.  It's been 2 months and I haven't had a response yet.  I'm sure they're back logged due to Christmas so will wait for their update.

Interestingly, I got a letter from the solicitors on the other claim I mentioned, that already had a court date allocated.  They are dropping the case.  What a waste of court time!

Coupon-mad

Re-forward that email and ask for the case to be looked at by a Judge due to inaction and you respectfully ask that it be struck out.

Re the other one, do you mean you got a Notice of Discontinuance? Who from, DCBLegal?