Highview Parking/DCB Legal County Court Claim

MissUltraViolet

I'm back because apparently it is no longer a win. Recieved a 'notice of transfer of proceedings' in the post today. Checked MCOL which now shows this - 

A claim was issued against you on 03/03/2022

Your acknowledgment of service was submitted on 08/03/2022 at 11:08:22

Your acknowledgment of service was received on 08/03/2022 at 12:05:55

Your defence was received on 29/03/2022

DQ sent to you on 25/05/2022

You filed a DQ on 21/06/2022

General sanctions order was made on 07/07/2022

The claim issued against you was struck out on 08/08/2022

The claim issued against you was reinstated on 17/11/2022

DQ filed by claimant on 17/11/2022

Your claim was transferred to *local court* on 17/11/2022

How have they done this!? Arghhhhhh.

Le_Kirk

Once again we see more leeway being given to claimants than a) required under the rules and b) that would be granted to the defendant.  One can only assume they have applied (and paid) for a set aside and reinstated the claim!

MissUltraViolet

Le_Kirk said:

Once again we see more leeway being given to claimants than a) required under the rules and b) that would be granted to the defendant.  One can only assume they have applied (and paid) for a set aside and reinstated the claim!

That seems ridiculous, I did everything the court asked and they didn't and for their punishment they get to have another go and drag out the harassment a bit longer. Would the set aside fee not be almost as much as they are trying to get out of me? So even if they win this now they are going to lose money? Hope I saved everything from three months ago, gotta love that they waited until just before Xmas to try screw me again. The stress is insane.

Coupon-mad

MissUltraViolet said:

I'm back because apparently it is no longer a win. Recieved a 'notice of transfer of proceedings' in the post today. Checked MCOL which now shows this - 

A claim was issued against you on 03/03/2022

Your acknowledgment of service was submitted on 08/03/2022 at 11:08:22

Your acknowledgment of service was received on 08/03/2022 at 12:05:55

Your defence was received on 29/03/2022

DQ sent to you on 25/05/2022

You filed a DQ on 21/06/2022

General sanctions order was made on 07/07/2022

The claim issued against you was struck out on 08/08/2022

The claim issued against you was reinstated on 17/11/2022

DQ filed by claimant on 17/11/2022

Your claim was transferred to *local court* on 17/11/2022

How have they done this!? Arghhhhhh.

We suspected as much.

Read the thread by @longtale_Parker

https://forums.moneysavingexpert.com/discussion/comment/79502163/#Comment_79502163

MissUltraViolet

Thank you, I had a really quick browse but (after a wine or four due to stress and anger...anger mainly lol) will give it another good read through in the morning and try to follow the advice given there. I was hoping for good news at the end of the thread but appreciate that you're trying to find out what happened!

I honestly still don't get it. They are a ( albeit scummy) business trying to make money, why on earth would they pay £275 to set aside to persue a claim for £330 when presumably they will also need to pay someone to turn up to represent them on hearing day? (assuming at this point they are definitely going to take it all the way if they have paid to have the strike out set aside). What money are they making here even if they win!? Surely at this point it is pure harassment and bullying.

So sad that I was 2 weeks away from this ticket being over 6 years old.

Coupon-mad

They didn't pay £275, they did this without a hearing.  £108 fee.

Evidence here shows that DCB Group are not looking to attend hearings, just to bypass that and force CCJs from people.

They will hope you drop the ball, pay or (even better for them) they hope you have moved house in the meantime and will not respond/will miss the WS stage and hearing, so they can get a CCJ with added icing on the cake (huge costs).

DCB Group (because they also have a bailiff arm waiting to add £200 on top of a CCJ, as seen in more than one case...) are really seeking CCJs, in my view.  That is how I see their model.

In my opinion, DCBLegal are still expecting you to slip up.  When you carry on and do a robust WS (if you are not past that stage yet) they'll be annoyed & discontinue.

You are not the sort of victim that DCBLegal are after and they will move on to the next one.

Grizebeck

Coupon-mad said:

They didn't pay £275, they did this without a hearing.  £108 fee.

IMHO they are not looking to attend hearings, just to bypass that and force CCJs from people.  They will hope you drop the ball, pay or have moved house in the meantime.  The legal firm are really seeking CCJs.  In my opinion, DCBLegal are still expecting you to slip up.

When you carry on and do a robust WS (if you are not past that stage yet) they will be annoyed and discontinue.  You are not the sort of victim that DCBLegal are after.

Indeed
Seen this several times with them paying for applications to then discontinue.

MissUltraViolet

Update - 

Recieved a letter in the post this afternoon from my local court saying they are sorry but they have lost my defence and I have 14 days from the date of the letter (2nd Dec) to fill in the form they attached and provide my defence....again (ie by today!!!)

An hours worth of complete panic, trying to find everything, figure out how to fill the form in and a lot of printing later and ran out door to get all the paperwork down to court before they close.

Edit - security guard said 'sorry, nobody is here everything has shut down for Xmas.' Spoke to a lady using one of their phones who said she can see a defence was submitted and its their fault its lost so just pop the paperwork in their post box and it will probably be fine.

Feels like I am fighting Highview AND the court. I'm so over this garbage.

Coupon-mad

Ok now send an email TODAY to the local court hearings email stating what has happened and that you HAVE complied, despite the letter from the court only arriving today, due to their delay in posting it and/or postal delays & strikes.

Put the claim number & any date of hearing in the subject line and the words: URGENT COMPLAINT 

Ask for the situation to be reviewed by the Court Manager, to kindly explain what on earth the court are doing to constantly make your position so extremely difficult, and that you want an assurance that your defence IS now in file and no sanctions will be applied.

Have you got a hearing date?  Done your WS yet?

MissUltraViolet

Email was sent, thank you for the advice. No hearing date yet, that I know of. It has taken almost 2 weeks to get that letter to me so I am quite worried what else will arrive late!

I started on the WS months ago but stopped when the case got thrown out. I still have my draft so I will start working on it again. I was hoping I would have time to get Xmas out the way first!

Guess I better start re-reading everything, hopefully not much has changed!