DCB Legal

MattMSea

Umkomaas said:

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

Thanks. I had already seen this thread and wondered why when they trigger discontinuations so readily they have been so reluctant to do so in my case.

I completely agree with your assessment of costs for a 'standard' parking scam case allocated to small claims track. This however seems to be different. DCB Legal have messed up in filing the claim. IMO they have messed up again in refusing to discontinue when I requested them to do so. My costs incurred are a direct result of them exacerbating their own error by not correcting it. i.e. had they discontinued two weeks ago I would not have incurred costs.

Maybe I'm overthinking it, but why would they go to the trouble of making discontinuing conditional on a no costs order if they didn't think they were at risk. They would have just discontinued.

Umkomaas

Thanks. I had already seen this thread and wondered why when they trigger discontinuations so readily they have been so reluctant to do so in my case.

Most discontinuations take place further in the process than you are at now. I'm sure it will come. 

I completely agree with your assessment of costs for a 'standard' parking scam case allocated to small claims track. This however seems to be different. DCB Legal have messed up in filing the claim. IMO they have messed up again in refusing to discontinue when I requested them to do so. My costs incurred are a direct result of them exacerbating their own error by not correcting it. i.e. had they discontinued two weeks ago I would not have incurred costs.

If you are to pursue costs it will have to be against DCB Legal, not Highview, so will not be directly connected to the present claim against you.  Rather you will probably have to raise a separate county court claim against DCB Legal themselves - just my opinion, IANAL.  Others might comment. 

MattMSea

Umkomaas said:

Thanks. I had already seen this thread and wondered why when they trigger discontinuations so readily they have been so reluctant to do so in my case.

Most discontinuations take place further in the process than you are at now. I'm sure it will come. 

I completely agree with your assessment of costs for a 'standard' parking scam case allocated to small claims track. This however seems to be different. DCB Legal have messed up in filing the claim. IMO they have messed up again in refusing to discontinue when I requested them to do so. My costs incurred are a direct result of them exacerbating their own error by not correcting it. i.e. had they discontinued two weeks ago I would not have incurred costs.

If you are to pursue costs it will have to be against DCB Legal, not Highview, so will not be directly connected to the present claim against you.  Rather you will probably have to raise a separate county court claim against DCB Legal themselves - just my opinion, IANAL.  Others might comment. 

Good point regarding DCB Legal accepting responsibility, but Highview being the Claimant.

Thanks for your input. I had hoped one outcome of me sharing this would have  been 'oh, this happened before in this thread.'

But as this seems to be a genuine anomaly I'll continue going down the complaints / SRA route with DCB Legal and treat the Highview claim as genuine, and will aim to get it stuck out due to abuse of process.

Turns out FAQ #1 in the newbies thread doesn't apply to my situation. Not sure I like being different though

KeithP

MattMSea said:

Umkomaas said:

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

Thanks. I had already seen this thread and wondered why when they trigger discontinuations so readily they have been so reluctant to do so in my case.

That's easy to answer.
If they still believe there is a chance you will pay them what they are demanding, they will keep the pressure on.
It is only when they realise they're on to a loser that they back out rather than paying an advocate to attend a hearing.