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

harriford123

Nothing further as yet reading notice of allocation due to receiving this by email recently I would assume it's not far away in the post.

I will have other records for attendance due to it being a motorway services though. I'm just interested in their conduct regarding attempts to contact me, stating I agreed to pay X which never occured and what if any evidence they have.

They must feel confident in something. I'd rather bite the bullet at a hearing than pay anything prior witout first clear evidence of infringement.

KeithP

harriford123 said:

...stating I agreed to pay X which never occured and what if any evidence they have.

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

Coupon-mad

stating I agreed to pay X which never occured and what if any evidence they have. 

This just isn't a valid defence point. They are not saying you verbally agreed to pay, or in writing.

If we had a quid for every time soneone posts that every day/week, we'd be rich:

https://forums.moneysavingexpert.com/discussion/6375049/claim-form-received-for-pc-claim-accuses-me-of-agreeing-to-the-pay-i-dont-remember-agreeing-this/p1

harriford123

Understood.

Thanks again all.

I'll just wait for hopefully the SAR to comeback and expect the court date letter soon.

harriford123

Hi All,

I have had a response from groupnexus stating they wish for my identifocationto prove who i am. This is rich considering I've already do e this through correct channels by responding to the CCBC.

I'm going to give them the mobile info they require, and inform them that this is a bogus request and my initial 30 days stands, due to the existing information that's very known to all around the case.

Should I make note her that if this ends up at court I will be claiming counter damages for having to take a day off and charging at my normal day rate at work plus travel expenses?

Thanks again for support all its appreciated.

Coupon-mad

Should I make note here that if this ends up at court I will be claiming counter damages for having to take a day off and charging at my normal day rate at work plus travel expenses?

Nope because asking for your costs isn't a counter claim nor damages, it's a normal expected part of the process that you will do by way of a Costs Assessment later on, as the NEWBIES thread explains.

harriford123

Ok, so update.

N180 received.

Title page states I have been issued with a defence which is incorrect as no information has been supplied to me.

Suggesting to go to mediation.

This always means they are worried, well at least in business settings.

A ny help would be nice.

KeithP

Bargepole's 'what happens when' post linked from the second post of the NEWBIES thread offers guidance on how to complete a DQ.

harriford123

Hi All, 

so I've followed protocol ,used templates etc. 
I requested court to my local one as it looked al to progress. I have then received notification the court wished to see an answer to my first pitiful defence, which the solicitors issued the 3 off claims letters. that I was previously issued from my SAR which was issued back to me outside of the 30 day allowance. 
There is also poor images of the parking signs, unreadable. I was then asked to issue a further defence, where I included the full templates, a defence and images of the parking signs as visible form the car. 

Now, I have received an offer without prejudice from the solicitors on behalf of their client. I normally assume having been privvy to these, that the case on the claimants part is now falling down and they are looking to recover anything they can. 

My counter offer is for them to drop all instances of this PCN and  shall not counter claim for time duly spent against them. I have not made a counter offer as yet, however I shall once feedback is received from far better than my own knowledge. 


Thanks again all

Coupon-mad

That's fine.  Glad you got a better defence in!

But what about your vital witness statement and evidence that has to be filed & served before the hearing?  As explained in the NEWBIES thread about KNOW WHAT HAPPENS WHEN.

The most recent good WS bundle example to copy and adapt is the one by @aphex007

Got a hearing order yet?