Hearing Date Received - What Now?

SimonJF

Hi fellow MSE members, thanks so much for the guide and information so far 

I received a CCJ claim from Highview Parking Limited with inflated costs as always, filed a defence as guided by this forum and now have a court letter saying the following.

"On 23 August 2022 before Deputy District Judge French sitting at the County Court at Watford, Cassiobury House, 11-19 Station Road, Watford, Hertfordshire, WD17 1EZ considered the statements of case and directions questionnaires filed and allocated the claim to the small claims track.
Unless the Claimant does by 4pm on the 15 December 2022 pay to the court the Trial fee of £27.00 or file a properly completed application (i.e. one of which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with the effect from 15 December 2022 without further order and, unless the Court orders otherwise, you will also be liable for the cost which the Defendant has incurred.

etc etc

The Claim will be heard on 12 January 2023.. file witness statements 14 days prior"

I also received a letter from DCB Legal

"We write in relation to the above matter. In order to assist the Court in achieving its overriding objective, our Client may be prepared to make an offer to conclude this matter. A settlement at this stage would avoid further potential costs being incurred. We therefore ask that you call us on 0203 838 7038 as soon as possible to discuss this further.We look forward to hearing from you."

My question is:

1. Do I bother calling them? I will be claiming against them for costs of this, so if it's just another attempt of theirs to get money out of me shall I just ignore?
2. When should I start preparing my witness statement? Should I wait til after 15th December to see if they bother paying the court fee? However I note with Christmas I would have to serve the court and claimant by Thursday 29th December at the latest. So is very tight to get an update from the court then serve witness statements.

Thanks for everyone's help

KeithP

Hello and welcome.

You really should be preparing your Witness Statement now - ready for filing when the time comes, if needed.

I say 'if needed' because we are frequently seeing DCB Legal discontinue claims at the last minute.

Have a look at this thread - DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS - and look forward to your case being discontinued too. No guarantees of course.

Trainerman

As @KeithP says, start your WS, and no I would not talk to them. I would rather sand paper my backside, it would be more productive

Coupon-mad

The hilarious thing is that (like most solicitors) no doubt DCBLegal are likely to be closed between Xmas Eve and New Year so we all predict another discontinuance! At best they'll have a skeleton staff.

Get your WS and evidence in early in this case, mid December to put pressure on them (and to take the pressure off you).  DO NOT use the RobertCox one in the NEWBIES thread, instead read, use and adapt the @aphex007 one on his/her thread.

SimonJF

Thanks so much for all your help, I'm very much looking forward to this being discontinued then slamming them with costs. (Finger crossed)

I will get my WS ready mid November to send out early December. That alone I'm pretty sure will cause them to discontinue knowing they have a fight.

They're such time wasters all of these, is frustrating what grief they cause to the general public.

Le_Kirk

SimonJF said:

Thanks so much for all your help, I'm very much looking forward to this being discontinued then slamming them with costs. (Finger crossed)

Have you entered a counterclaim?  If not and they discontinue, you will have to ask that the hearing continue as a costs hearing.

Umkomaas

What costs are you anticipating and for what reason?

SimonJF

1. How do I enter the counter claim?
2. Would it be reasonable claiming for costs of time taken for: Acknowledgements of Notice, Preparing the Defence, Preparing Witness Statements

Coupon-mad

You can't put in a counterclaim now.

You are unlikely to get costs but of course the NEWBIES thread 2nd post covers every stage including that, and I give a link there, to a rare person who did get costs after a discontinuance.

SimonJF

Hi guys!

So I've finished my draft witness bundle, wouldn't mind a bit of feedback on it.

I mentioned the costs in the original defence and that the hearing should continue to cover costs if the claimant pulls out.

Attached both docs:

Witness Bundle (Draft) - www.dropbox.com/s/3ll20r8jkr7e51e/Witness%20Bundle%20-%20Redacted.pdf?dl=0

Defence (Already Loged) - www.dropbox.com/s/epna3v7uksj9ry6/Defence%20-%20Redacted.pdf?dl=0

(Sadly it won't let me post links yet so has to be copy & pasted)

Le_Kirk

Your comment at paragraph 5 in the WS does not make sense.  Maybe you would like to try it again; what are you trying to say?  Also I would not be saying I was familiar with the car park and in the same WS state that the signs are hard to read and therefore no contract was formed.  If you are familiar with it, surely you have read the signs before!

Your links made live: -

Witness Bundle (Draft) -
https://www.dropbox.com/s/3ll20r8jkr7e51e/Witness Bundle - Redacted.pdf?dl=0
Defence (Already Logged) 
https://www.dropbox.com/s/epna3v7uksj9ry6/Defence - Redacted.pdf?dl=0