DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

Umkomaas

ECP and DCB Legal race to court over a keying error (the Govt have to stop this via the new CoP - needs mentioning in the consultation response), but, as usual, falter as soon as @AndrewS1973 puts forward a defence. Discontinuance #

639

https://forums.moneysavingexpert.com/discussion/6451863/ecp-dcb-county-court-claim-defence-keying-error/p3

Beaudelicious

Here we are again with an Excel/DCB Legal collaboration to drive old '10 minutes to pay' charges to court for Broomhill Roof Sheffield. This was during the time that Excel had removed the payment machine too and still expected the motorist to download an APP and pay within 10 minutes. We struggle on doing this farcical pretence of going to court when we know DCB Legal have no intension of paying the hearing fee.  

640 

patient_dream

 "when we know DCB Legal have no intension of paying the hearing fee"  

SPOT ON .....  DCBL are just TRY IT ON LEGALS .... Government should investigate if they are fit for purpose and so should the SRA ......  COURT TIMEWASTERS costing the tax payer money

It has been said thar the SRA are useless, it;s a members club 

Umkomaas

👆👆 thanks @Beaudelicious for your vigilance on the hateful efforts of Excel and VCS. Agreed, let's make that discontinuance #

640

Umkomaas

After having to fend off PE and DCB Legal for 2 years and defend a claim for almost £450 for just two tickets, @Joeyc1979 helped his son to get over the line and extract a discontinuance from the pair. Good stuff. Discontinuance #

641

https://forums.moneysavingexpert.com/discussion/6580688/dcblegal-claim-parking-eye-hm-courts-claim#latest

patient_dream

Umkomaas said:

After having to fend off PE and DCB Legal for 2 years and defend a claim for almost £450 for just two tickets, @Joeyc1979 helped his son to get over the line and extract a discontinuance from the pair. Good stuff. Discontinuance #

641

https://forums.moneysavingexpert.com/discussion/6580688/dcblegal-claim-parking-eye-hm-courts-claim#latest

I know ParkingEye complained about being called cowboys but with such a case of extortion, it's a name that really suits

Lala1066

I would upload my notice of discontinuance, but sadly I didn't receive one.  I just found out this morning when I went to court.  I did AOS, I was out of the country when I received it and got it on the day it was due, so had to sent a fast defence from here sent by snail mail.  No Witness statement received from DCB legal either.  They were acting on behalf of Total parking solutions.

Gr1pr

Lala1066 said:

I would upload my notice of discontinuance, but sadly I didn't receive one.  I just found out this morning when I went to court.  I did AOS, I was out of the country when I received it and got it on the day it was due, so had to sent a fast defence from here sent by snail mail.  No Witness statement received from DCB legal either.  They were acting on behalf of Total parking solutions.

Email DCB Legal and request a copy of the N279 document by return email 

Umkomaas

Gr1pr said:

Lala1066 said:

I would upload my notice of discontinuance, but sadly I didn't receive one.  I just found out this morning when I went to court.  I did AOS, I was out of the country when I received it and got it on the day it was due, so had to sent a fast defence from here sent by snail mail.  No Witness statement received from DCB legal either.  They were acting on behalf of Total parking solutions.

Email DCB Legal and request a copy of the N279 document by return email 

That should work, then let's see a copy and I can get you counted. 👍

doubledotcom

Lala1066 said:

I would upload my notice of discontinuance, but sadly I didn't receive one.  I just found out this morning when I went to court.  I did AOS, I was out of the country when I received it and got it on the day it was due, so had to sent a fast defence from here sent by snail mail.  No Witness statement received from DCB legal either.  They were acting on behalf of Total parking solutions.

Since you only found out at court that the claim had been discontinued and you were never served with form N279, you should now do two things in parallel.

First, write to the court (quoting the claim number and hearing date) asking for a short, costs-only determination. Explain, in one paragraph, that the claimant filed a Notice of Discontinuance but failed to serve it on you, contrary to CPR 38.3(1)(b), which caused your wasted attendance and preparation. Ask the court to deal with costs on the papers or list a short costs hearing. Attach a brief witness statement (one page) setting out the chronology, and a simple schedule of costs claiming: (a) loss of earnings or loss of leave for the hearing day up to £95 under PD 27A 7.3(1); (b) your travel and parking receipts under CPR 27.14(2)(d); and, if you wish, (c) additional time spent as a litigant in person caused by the non-service (e.g. preparing and attending pointlessly) at £19 per hour, sought only under CPR 27.14(2)(g) for unreasonable conduct. Ask for summary assessment and payment within 14 days.

Second, write to the claimant’s solicitors enclosing the same schedule. State that their failure to serve the N279 caused your wasted attendance and that you will seek a costs order. Invite payment of the full amount within seven days to avoid further court time, and make clear that any further haggling or reduced offers will itself be relied upon as unreasonable behaviour and may increase the time you claim under CPR 27.14(2)(g). Do not accept a reduced offer if it does not cover your fixed small-claims entitlements and reasonable disbursements; stand firm. I had an identical recent case and this approach resulted in full payment after the defendant refused to accept repeated lower offers.

Keep copies of everything you send, proof of posting, your receipts, and a short note from your employer (or your own declaration if self-employed) evidencing the day’s loss. If the court lists a short costs hearing, bring the same bundle and ask the judge for summary assessment by reference to CPR 27.14(2)(d) and (g), PD 27A 7.3(1), and the claimant’s breach of CPR 38.3(1)(b).