DCB Legal - CP Plus - Without Prejudice offer - Update claim dropped - Win!!!

harriford123

Hi, 

I received a CCJ letter from Northampton CCBC by way of CP Plus and DCBL last month. My first action was to challenge this asking for details of the PCN and indeed the previous correspondence. I had received nothing the letter despite updating my details on DVLA and having a Post office redirection for any letters up to 12 months. PCN was issued in Oct 2019. this is obviously somewhat extravagant in price at this stage £300 upwards. PCN was issued from a motorway services, in which i would have used the facilities and spent no longer than the allotted 2 hours their, as I never do. 

I received the CCJ following on from selling that vehicle and purchasing a new one. 

I logged in through the Gov.UK portal to make the challenge and requested specifically: 
PCN reach details - evidence of infringement causing the fine
Specific correspondence related to this PCN as to dates and frequency including which address these were issued to. 

I have since received a response from DCBL in email form confirming their wish to proceed with the CCJ on behalf of the client (CP Plus) with a N180 form included. 

As stated I haven't had any other forms of contact prior to this and have only made that single defence so far, requesting the information above. I haven't shared any other details at this stage. 

I've begun reading the Newbie FAQ's on this, however initial tips and advice for this would be welcome to help me navigate through that information. 

Cheers All

Le_Kirk

Did you receive a General form of Judgment or Order stating that you had lost a court hearing and a CCJ was issued against you or have you received a N1SDT claim form?  If  a claim form what is the date of issue?

KeithP

It looks like the OP has received a County Court Claim Form, has Acknowledged Service of the Claim, has filed a Defence and has now received a copy of the Claimant's Directions Questionnaire.

If that's correct, then your next action is to wait for a Directions Questionnaire for the County Court Business Centre and then complete it and return to the CCBC remembering to send a copy to the Claimant.

To help you further, can you please show us exactly what you filed as a Defence.

harriford123

My only defence this far has been to request further information as I have yet not seen any infringement.

That's correct no CCJ issued, apologies this is wrong.

I am waiting for a directions questionnaire at present

Umkomaas

My only defence this far has been to request further information as I have yet not seen any infringement. 

Can you show us exactly what you said in your Defence - verbatim please - which I presume you have sent to the Northampton CCBC? 

harriford123

My defence was something this:

PCN reach details - evidence of infringement causing the fine
Specific correspondence related to this PCN as to dates and frequency including which address these were issued to.

I haven't received anything other than a letter from the small claims court stating a case had been brought against me by CP Plus through DCBL.

I challenged through gov.uk requesting this information stated above. Received email with regard to DCBL issuing the N180 only 2 communications I have received.

Coupon-mad

That's not a defence at all.  I am so sorry. That gets you nowhere and you are stuck with it unless you amend it. If you'd only come here sooner...

You'll be best applying to the court for permission to amend your defence but that costs £108 in court fees I think. If you don't, I reckon a Judge will strike your defence out and you will lose in full by default.

harriford123

Ok.

So what steps other than forking out money do I have at present?

If any please?

My initial course was to retrieve more information in order to make a defence without this I have a blind claim

harriford123

I've made a DPO request. In hopes that in the cent of court proceedings I will have further information prior to attendance for this case.

harriford123

I have followed the process in the help for newbies by issuing an email for SAR and informing the solicitor of this. Because the claim has been made they are stating that the pre action does not figure in the case. The claim will be upheld.

However following reading the pre action protocol none of those instances were followed by the claimant.

Le_Kirk

They are quire right, you are now not in pre-action but in action as a claim has been issued.  The solicitor won't care about a submission of a SAR - I hope you sent it to the PPC!  If you receive the data from your SAR in time (they have thirty days to reply) you can use it in your witness statement.  Have you received a Notice of Allocation to the small claims track?  If so, does it have a date for a hearing and from there you can calculate when the WS needs to be submitted (normally 14 days before the hearing).