DCB legal - Letter of claim

Umkomaas

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 of all those detailed in the thread. 

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

helpadviseneeded

@Umkomaas Thank you I have bookmarked it for reference.

helpadviseneeded

Hi all

I am just updating my thread for timeline purposes of the process to date:

Your defence was received mid August

DQ filed by claimant on towards the end of Sept 2022

DQ sent to you on that same date in Sept.

You filed a DQ within a week of us receiving the DQ 

Your claim was transferred to ? (my local county court) on same date as me filing the DQ - approx a week ago!

I have removed the actual exact dates and these are approximate incase they are checking the forum. 

Umkomaas

I have removed the actual exact dates and these are approximate incase they are checking the forum. 

Who?  DCB Legal or UKPC?  Answer - neither. They are far too busy issuing court claims or shovelling out PCNs by the hundreds to be looking here. In any case, they are already in contact with you so know what they need to know so far. 

Be confident, stand up to them, they're almost certain to discontinue anyway.

helpadviseneeded

Hi all 

Further update:

Notice of allocation to the small claims track hearing received early this week.

Listed for a Dispute Resolution Hearing xx xx 2023 (date is towards the middle of March 2023) 

Received an email from DCB collections department offering me a reduced sum in order to settle.

Am I right in thinking I need to submit a witness statement no later than 4pm 7 days before the hearing?

So if the hearing is for eg:
Wed 16th March I would need to submit by Wed 9th March at 4pm?

Thanks for all the guidance to date.

KeithP

helpadviseneeded said:

Am I right in thinking I need to submit a witness statement no later than 4pm 7 days before the hearing?

Not necessarily. Seven days is remarkably close to the hearing.

What does you Notice of Allocation say about that?

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those documents you intend to rely on are your Witness Statement and evidence.

Coupon-mad

Don't forget that a 30 minute Dispute Resolution Hearing is discussed on other threads and you will learn this IS NOT likely to be your final hearing. It is glorified Mediation = pressure on you to settle.

No more and no less, and likely a rookie Judge whose job us to reduce actual hearings.

Beware.  Read other threads by searching!

helpadviseneeded

@KeithP

I think I have confused myself as I thought that the dispute hearing date in March 2023 was the actual final hearing.

Point 2 on the letter states:

'This claim will be heard at on a date and at a time which is set out on a notice attached to this Order, or which will be sent later'

Yes, point 6 states:

Each party must deliver to the  other party and to the court office copies of all documents on which he intends to rely at the hearing no later than 14 days before the dispute resolution hearing. 

Point 9 then mentions the witness statement and how it should be set out. 

Point 14: states that this Order has been made without a hearing.....

Im going to take a photo and attach as I'm unsure what needs to be done and when 

patient_dream

helpadviseneeded said:

Received an email from DCB collections department offering me a reduced sum in order to settle.

And that is a clue.  If DCBL thought they had a serious chance they would win, they would not offer to settle ?  The point is, DCBL really know that this will be another case where they ccould well be hammered by a judge. It is all part of the great parking scam after all

So, follow what is being said to you, March is a long way off for DCBL to consider their options

Coupon-mad

I was only talking about 30 minute Dispute Resolution Hearings.  Yours mentions 2 hours so that's a final hearing.