Multiple PCNs for parking in flat car park

Jams91

Jenni_D said:

That response doesn't say anything about confirming that the other PCNs will not be pursued, and does not mention anything confirming that UKPC Head of Litigation will make such a confirmation in writing. It just says that they're "agreeable to the conditions proposed". (Perhaps it is inferred?)

Your choice as to how you wish to play this ... but IF you went ahead with the costs claim then they could bring this up when costs were being assessed - it might not sit well with the judge it you made this offer then reneged on it. (Despite the fact they've waited 5 weeks to respond whereas you required a response within 1 week). I'll let others muse on this and give their opinions.

I took "conditions proposed" to mean the conditions I stipulated in my prior email. And no, I wouldn't take them up on their offer and then renege on it, that's off the table.

To clarify: I'd like to accept their offer, take the money, drop my CC and wash my hands of the whole case. BUT if folks on here think I don't have to do much more work, in order to get a big pay day... then maybe I would decline their offer

Jams91

Coupon-mad said:

You could reply setting out your exact conditions and stating that this is the strict basis upon which you will accept £xxx (state exact sum) as full and final settlement.  Providing the cheque for that sum, payable to (your name) arrives by (allow 14 days and give a date) you will discontinue the counterclaim and will tell the court the matter is settled.

Did they impose any conditions at any point?  Not a gagging order or anything?

No gagging order, or conditions etc. Apart from Gemma's last name, you have the whole correspondence above.

Curious why they have suddenly agreed to my terms.... perhaps DCB advised UKPC there's not much chance of winning and to cut their losses...

Jenni_D

As I said, if you decide to continue with the claim then (regardless of if you won or not) they would be allowed to show that correspondence to the judge when it came to assessing the costs award. At that point the judge may decide you acted unreasonably, given that they accepted your stated offer, and award costs against you. (Or they may not - who knows? Such is the lottery of the county court small claims track).

So I repeat - it's your decision and nobody else's.

Coupon-mad

Court is a risk for both parties and we rarely see counterclaims succeed.  Judges don't seem to like them.  So I would take up their offer and photocopy and frame the cheque, and put the picture up in your loo, for posterity.

They settled because you made out a very good counterclaim case and they are worried and want to drop you like a hot potato.

Jams91

Thanks. Replied to DCB accepting their terms, but it's not over till I have a cheque and written assurances

Jams91

Had a "Notice of Allocation to the Small Claims Track" (dated 28/2/22) and "Notice of trial date" (dated 2/3/22). I'll share the latter here as the former is unremarkable:

Jams91

Please see below. Plenty of time till August, but I wonder why UKPC didn't pay the trial fee yet.


Notice of Trial Date:

UKPC Claimant
Me Defendant

The trial of the above claim will take place at 2:00PM as an ATTENDED TRIAL on 16/09/2022 at XYZ

Unless the claimant does by 4.00pm on 19/8/22 pay to the court the trial fee of £85.00 or file a properly completed application (i.e one which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect from 19/8/22 without further order and unless the court orders otherwise you will also be liable for the costs which the defendant has incurred)

If your claim has been struck out, it will no longer exist. The hearing will be vacated unless a counterclaim survives the claim being struck out.

Jenni_D

They never pay trial fees until they have to - this is normal. It gives them more time to try and ramp up the pressure on the Defendant (to get them to cave and pay them something) before they end up discontinuing.

It's good that the NoA also has the statement about Defendant costs, so make sure you file a costs schedule.

Is there nothing that says by when WS + evidence needs to be filed (with the court) and served (on the other party)? (It would usually be 14 days before the hearing).

Jams91

Gotcha. Yes, it says that needs doing 14 days before the hearing. I have plenty of time... so plan to give DBS/ UKPC till the April to make good of their promise to send a cheque. If that doesn't happen, then I'll work on a WS & Evidence

Jams91

Update 07/03/22

Had a letter from DCB confirming that they have discontinued the Court Proceedings. They attached a copy of "Claimant's N279 Notice of discontinuance".

However they did not meet the rest of me demands (Cheque, letter from a high up etc). I'll give them another week to do that, and if they haven't... email DCB again