Need help with DCB Legal PCN. Thank you.

MaludoliM

Good morning all pictures and videos were taken and most is shown in my 1st post 
on top of that the car that was parked next in that space that is not a bay as it is to small is not the one in pictures (white Mercedes) but the one in pictures i got from them and it is clear that this car was parked over the yellow lines sticking out on to my bay - i just remembered that yesterday and then i looked closely on theirs pictures and it is clear that is the case
(white Mercedes must have parked there after other car has gone)
my best regards 

Coupon-mad

Did you email your defence now, and made sure you used the Template Defence, just adding your additions where the sticky thread suggests the facts should go?

Did you get an acknowledgement email from the CCBC?  You must ensure you do.

Now continue to follow the 12 steps in the Template Defence thread so you know what to do and when.  

Happy reading, get up to speed with the new Code of Practice from the DLUHC:

https://forums.moneysavingexpert.com/discussion/comment/79013061/#Comment_79013061

That thread explains why it matters even to existing cases and it's not even in the Template Defence yet because it's so new.

You will be able to expand on your defence at WS stage so do come back and ask.  But the next stage (Directions Questionnaire) is fully covered already in the 12 steps and in the NEWBIES thread.

MaludoliM

Good morning 
Yes i did to all your points. 
I will get to reading, and thank you for showing me that and letting me know about possibility of expansion.
I will ask. 
My best regards  

MaludoliM

Good afternoon. 
I would like to share few things as it has been a while since my last post. 
I submitted my defence over email and got confirmation over email as well from court that they have it and that they will send it to other parties. Shortly after I received letter telling me they shared it and that other party has 30 days to reply. If they don't reply the case will enter in to stay. This was around 15th of Febuary 2022. I waited, and waited and nothing came so I became worried I just did not get anything. I contacted Court and they confirmed that this case was stayed as they did not reply at all. I believe they can ask Judge to lift the stay up to 6 months from when it was stayed.
My question is - dose this happen? Is it easy for them to just get it rolling again?
I got out of the blue last week letter from DCB legal team that they are ready to settle it out of court. 
Hold on this case is stayed as you did not feel that you need to reply. 
They ask to contact them but I see no reason to as I have nothing to settle in the first place. I committed no rime and the invoice they are trying to impose on me is complete nonsense. 
What do you guys and Ladies think I should do. I think I should ignore them. If they want to fight this they can start by fighting with Judge to lift the stay. 
Thank you for all your support. 
My best regards 

Coupon-mad

My question is - dose this happen? Is it easy for them to just get it rolling again?

Yep.  We've seen BW Legal un-stay cases two years after they felt dormant.  Shocking, isn't it?

I believe they can ask Judge to lift the stay up to 6 months from when it was stayed.

I believe they can apply to un-stay it at any time (I think in theory, it is unlimited, so you must tell the court if you move house, just in case).

I would reply to DCBLegal and tell them to pay the fee and apply to un-stay the case if their client wants to proceed and harass you for money not owed.  Cease and desist with misleading letters.

Also to note if they leave the case dormant, DCBLegal and their client must only consider the Defendant's postal address as current this year (2022) and if they leave it longer, you require DCBLegal or their client (or whichever roboclaim legal they decide to use in future, given DCBLegal dropped the ball on this one) to carry out sufficient soft trace checks to ascertain the correct address. It is wholly unreasonable conduct to let a claim lie dormant for months/years, then presume a consumer lives at the same address.

In your case, they must not presume so and it is time to put up (pay the court fee to unstay) or shut up (discontinue).

MaludoliM

Good afternoon. 
I believe it is most certainly shocking! 
I asked when on the phone with court they stated that they have 6 months only. - is it possible that this changed to 6 months only recently and you are not aware or did they just misinformed me. 
I will get in touch with DCB as advised as this is pretty much what I think as well. They want to scam me - I wont let them I will defend myself in court room until I drop.
i will draft them a Cease and desist letter based on their lack of action and basis. 
Thank you for your thoughts. 
My best regards