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DCB Legal Claim Form/Spring Parking

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13

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  • Sir_Q
    Sir_Q Posts: 15 Forumite
    Second Anniversary 10 Posts Name Dropper
    Hi all, been a little while and have followed advice to the letter. I've just completely out of the blue received an email from the HM Courts and Tribunal service conforming a date and time for mediation appointment, furthermore its is insisting on my response within 4 days of receipt (today)
    I'm pretty sure I never ticked the mediation option when returning my questionnaire so may I ask if this is common practice and would your advice be to accept or decline their invitation for mediation?
    Any advice gratefully received.
  • Coupon-mad
    Coupon-mad Posts: 152,371 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 23 December 2022 at 2:58PM
    Is it talking about mediation? In which case just say "no, not suitable and a waste of time for a parking case where the dispute is that the entire claim is unfair and liability for any sum is denied.  The court is respectfully asked to list the case for a hearing please".

    Or is it listing the case for a Dispute Resolution hearing of 30 minutes, in which case you can't disagree because that's a rookie DDJ trying to avoid a full hearing (mimicking mediation)?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Sir_Q
    Sir_Q Posts: 15 Forumite
    Second Anniversary 10 Posts Name Dropper
    Hi Coupon-mad and thanks fir your response. 
    It’s a mediation appointment on a set date for which 1 hour has been set aside. 


  • Coupon-mad
    Coupon-mad Posts: 152,371 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Sir_Q said:
    Hi Coupon-mad and thanks fir your response. 
    It’s a mediation appointment on a set date for which 1 hour has been set aside. 


    Actual Mediation?  Obviously refuse.

    This is already explained by bargepole in his 'court procedures' thread, linked in the NEWBIES thread in the really important section (hence the red capitals): IMPORTANT: KNOW WHAT HAPPENS WHEN.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Sir_Q
    Sir_Q Posts: 15 Forumite
    Second Anniversary 10 Posts Name Dropper
    edited 23 September 2023 at 11:08AM
    Finally had my day in court yesterday, case dismissed and solicitors request to appeal denied. Thank you for your help everyone.
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Well done. Once you have finished celebrating would you please provide a more detailed court report. It's always useful for the regulars here to know what did and didn't way a judge.
    I married my cousin. I had to...
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    All my screwdrivers are cordless.
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  • Coupon-mad
    Coupon-mad Posts: 152,371 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Sir_Q said:
    Finally had my day in court yesterday, case dismissed and solicitors request to appeal denied. Thank you for your help everyone.
    Yay!

    ANOTHER ONE BITES THE DUST!

    Please tell us more!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Sir_Q said:
    Finally had my day in court yesterday, case dismissed and solicitors request to appeal denied. Thank you for your help everyone.
    Well done ... no surprise that DCBL lost and failed

    I'm sure the courts are fully aware of DCBL's timewasting tactics
    and discontinuations to which the penalty is failure


  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    @Sir_Q, please expand on the details of your court experience. On which points did the judge spank DCB Legal. Which judge? Which court? Did you get any costs?
  • Sir_Q
    Sir_Q Posts: 15 Forumite
    Second Anniversary 10 Posts Name Dropper
    edited 21 October 2023 at 11:21AM
    Sorry for my tardiness! Essentially it wasn't nessesarily my defence that clinched it, although I did ask that the fact that the claimant's evidence showing my vehicle with a parking ticket attached, actually showed my vehicle without a parking ticket attached (1st time i saw this evidence was 2 weeks prior to my court date) should be considered as part of my defence so may have had some small bearing as to which way the judge was going to take it. The judge kept asking the solicitor for evidence or to at least to try and satisfy him that the claimant had followed due process when pursuing me as the keeper of the vehicle as I'd never admitted to being the driver on the day. The particulars of the claim made no reference to article 4 (i think??) of the freedom of information act and that they'd followed due process in order to obtain my details as such. Their solicitor requested permission to appeal and was denied based on "this case having absolutely no chance of success". If im honest, I was like a duck out of water and the legal jargon went mainly over my head, but quite early on, based on the line of questioning to the claimant solicitor I did get a sense that it might be my day and that the judge had been down this road before! The trial was heard at the Royal Courts of Justice in the Strand and I couldnt claim any compensation/expenses as I hadn't submitted a witness statement (I honestly didnt realise I had to after i'd submitted my defence). Anyway, despite my complete ineptitude, I got a psotive result!
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