DCB Legal

MattMSea

Hi - I've been keeping an eye on this message board for a few weeks and first of all a BIG thank you to all the regulars - the work you put in is amazing.

One lesson I've learned is there is nothing in the PCN scamming game that you've not seen before, but I've struggled to find an example of my case so thought I'd ask.

Highview Parking PCN from Jan '20, LBC received from DCB Legal in early Aug this year. I responded requesting a bunch of stuff inc. signs/contract. DCB Legal asked to put on hold while Highview provided said info, including assurance 'no further action will be taken' while on hold. I got no further correspondence from them before unexpectedly receiving a Claim form dated 12 Oct.

I immediately complained to DCB Legal and here's the weird bit - they responded to say filing the Claim Form was a mistake as a result of a system error?!

In response I have asked for it to be discontinued. Seems fair - if it's a mistake they should undo it. So far they have refused twice, then belatedly offered discontinuance if I agree to no costs. I politely declined this offer. I'm now at the last stage of their internal complaints process (an appeal). Once this is exhausted the next step will be an SRA complaint.

So I'm wondering where to turn next. Do I just defend the Claim with extra emphasis on abuse of process, apply for it to be struck out, leave it there as a zombie claim, or keep pushing for discontinuance and not worry too much about recovering costs?

KeithP

Hello and welcome.

I'll leave it to others to decide whether your should try to convince DCBLegal to discontinue the claim and reissue later. It will cost them real money to do that so my guess is they won't be doing that for any reason. Very easy for them to say sorry - that costs nothing.

However, with a Claim Issue Date of 12th October, you have until Tuesday 1st November to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Keep in mind that if you fail to file an Acknowledgment of Service by 4pm this coming Tuesday your Defence becomes immediately due and the Claimant can seek a Default Judgment against you without further ado.
But perhaps your 'dispute' with DCBLegal means you don't want to Acknowledge Service of the Claim. Wait for others to guide you on that.

If you file an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 14th November 2022 to file your Defence.

That's a little over two weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Umkomaas

What costs were you hoping to recover?

MattMSea

Umkomaas said:

What costs were you hoping to recover?

As much as is reasonable.

I've certainly spent at least 10hrs trying to get my head around CPRs related to the false claim. I also started looking at the template defence on the basis that with the Claim filed I must defend or face a default judgment. So started by understanding where Highview may have fallen short of the BPA Code of Practice. I even had a read of Beavis and realised case law is a different world to the world I live in! 

MattMSea

KeithP said:

Hello and welcome.

I'll leave it to others to decide whether your should try to convince DCBLegal to discontinue the claim and reissue later. It will cost them real money to do that so my guess is they won't be doing that for any reason. Very easy for them to say sorry - that costs nothing.

However, with a Claim Issue Date of 12th October, you have until Tuesday 1st November to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Keep in mind that if you fail to file an Acknowledgment of Service by 4pm this coming Tuesday your Defence becomes immediately due and the Claimant can seek a Default Judgment against you without further ado.
But perhaps your 'dispute' with DCBLegal means you don't want to Acknowledge Service of the Claim. Wait for others to guide you on that.

If you file an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 14th November 2022 to file your Defence.

That's a little over two weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Sorry, I should have said I acknowledged service on 19th Oct.

Coupon-mad

I think defend the claim to protect yourself, because I wouldn't put it past them to apply for default judgment if you fail to defend.

Can't see them leaving it as a zombie claim.

Then see if they discontinue.

And complain to the SRA that this roboclaim firm is filing claims prematurely and blaming an automated 'system error' and it seems that they could be doing that without instruction from the Claimant to proceed, and without any 'human checks' of automated data systems (a breach of the DPA 2018).

KeithP

MattMSea said:

KeithP said:

Hello and welcome.

I'll leave it to others to decide whether your should try to convince DCBLegal to discontinue the claim and reissue later. It will cost them real money to do that so my guess is they won't be doing that for any reason. Very easy for them to say sorry - that costs nothing.

However, with a Claim Issue Date of 12th October, you have until Tuesday 1st November to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Keep in mind that if you fail to file an Acknowledgment of Service by 4pm this coming Tuesday your Defence becomes immediately due and the Claimant can seek a Default Judgment against you without further ado.
But perhaps your 'dispute' with DCBLegal means you don't want to Acknowledge Service of the Claim. Wait for others to guide you on that.

If you file an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 14th November 2022 to file your Defence.

That's a little over two weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Sorry, I should have said I acknowledged service on 19th Oct.

Hmmm... I wonder whether that was wise or not?
My simple mind tells me that you have essentially accepted the Claim.
As I said, I'll leave others to comment further on that aspect.

MattMSea

Yeah, I wanted to acknowledge to buy time to resolve one way or the other. I think its only acknowledging receipt, rather than validity. And it would have been more risky not to. But it’s the first time I have received a Claim Form so am trying to learn the ropes…quickly.

MattMSea

Coupon-mad said:

I think defend the claim to protect yourself, because I wouldn't put it past them to apply for default judgment if you fail to defend.

Can't see them leaving it as a zombie claim.

Then see if they discontinue.

And complain to the SRA that this roboclaim firm is filing claims prematurely and blaming an automated 'system error' and it seems that they could be doing that without instruction from the Claimant to proceed, and without any 'human checks' of automated data systems (a breach of the DPA 2018).

The other thought I’ve had is how on earth can PoC have a statement of truth signed by a solicitor if a computer system created it? Could be a Part 22 problem…specifically 3.8 of the Practice Direction regarding a solicitor signing on a client’s behalf.

I think it would be too risky for them as an SRA regulated firm to go for the default judgment having admitted in writing it’s an error. But obviously it’s also quite high risk on my side to let it happen.

Coupon-mad

Yep. I do not recommend it. Defend that claim.

Umkomaas

MattMSea said:

Umkomaas said:

What costs were you hoping to recover?

As much as is reasonable.

I've certainly spent at least 10hrs trying to get my head around CPRs related to the false claim. I also started looking at the template defence on the basis that with the Claim filed I must defend or face a default judgment. So started by understanding where Highview may have fallen short of the BPA Code of Practice. I even had a read of Beavis and realised case law is a different world to the world I live in! 

Sorry, but you won't get a penny, other than standard costs of up £95 for time off from work/loss of leave and your travel and parking expenses if it's a face-to-face court hearing - and you win. But for a one-off parking charge involving Highview and DCB Legal, it's not likely to get to that stage provided you go through all the required court procedure phases. 

Please read this thread:

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1