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DCB Legal - Letter of Claim - multiple pcn's

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Comments

  • You could’ve have just downloaded an N180 as a PDF and emailed it.

    The next stage will take about 6 to 8 weeks.

    It will then be allocated to your local/choice of court, they will then set a hearing date, at least another 6 weeks at the very least.

    You will need to submit a witness statement, normally 14 days prior to the hearing date.

    Due to the amount claimed, this will more than likely go all the way, but don’t be disheartened, if you follow the guidance, you should win.

    My Daughters claim was for a similar amount and therefore went to a hearing in which she won very easily.

    There’s still a chance it gets pulled (discontinued) but don’t expect it, use the next 3 months to do your research and you will be OK.
  • Coupon-mad
    Coupon-mad Posts: 140,103 Forumite
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    Yesterday my husband finally received the directions questionnaire through the post.  He has filled it in and is going to get it scanned and will email it tomorrow.

    Now he has this does this definitely mean it will go to court
    Not in the slightest.  It's just a form and it means nothing.  It's just early procedural stuff.
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  • So my husband has received another email from DCBL titled: Without Prejuice Save As To Costs.

    It goes onto say that their client may be prepared to settle this case and would be agreeable to £2500 in full and final settlement of this claim.  The current outstanding balance is £3572.80.

    I'm assuming they are trying it on before it goes to court?
  • Umkomaas
    Umkomaas Posts: 42,142 Forumite
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    So my husband has received another email from DCBL titled: Without Prejuice Save As To Costs.

    It goes onto say that their client may be prepared to settle this case and would be agreeable to £2500 in full and final settlement of this claim.  The current outstanding balance is £3572.80.

    I'm assuming they are trying it on before it goes to court?
    Absolutely following the normal pattern. Ordinarily I'd say expect a discontinuation very soon, but just need to caveat that slightly given the size of the claim. Even if it went to court and you lost, 10 PCNs are never going to multiply up to £2,500 (£250 a pop per £100 ticket, they are joking, a judge will soon knock that back considerably!). 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • Le_Kirk
    Le_Kirk Posts: 23,184 Forumite
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    I'm assuming they are trying it on before it goes to court?
    Yes, and you will find loads of similar letters being sent to other posters if you have a read of other threads or search for a thread called "DCB Legal Record of Discontinuations" without the ("") and started by @Umkomaas
  • nomoredebt
    nomoredebt Posts: 92 Forumite
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    So today my husband received a Judgement for Claimant (in default) stating:

    To the Defendant
    You have not replied to the claim form
    It is therefore ordered that you must pay the claimant £3419.34 for debt (and interest to date of judgement)
    and £310 for costs (less £ which you have already paid)
    You must pay the claimant a total of £3729.34 forthwith

    Then there is a warning at the end of the letter about goods being seized if no payment is made.

    My husband did reply to the claim form and he has completed the questionnaire (twice now) as they wrote to him to say they had not received the form he sent in the post (he sent the 2nd one via email - I did tell him he should have done this in the first place).  He received an automatic reply back to confirm receipt of the email which included an apology from them as they are behind.

    He never received a letter asking him to attend court, how can they do this without giving him a chance to defend himself.  Plus some of the fines are over 6 years old now.

    He is going to phone them.  It also says in small writing at the bottom of the form that if you believe judgement has been entered wrongly in default you may apply to the court office giving your reasons why and there is a form to complete but he will be charged for this privilege!
  • patient_dream
    patient_dream Posts: 3,731 Forumite
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    Please post that letter on here, thanks. Redact personal info
  • Coupon-mad
    Coupon-mad Posts: 140,103 Forumite
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    edited 1 March at 1:29AM
    So today my husband received a Judgement for Claimant (in default) stating:

    To the Defendant
    You have not replied to the claim form
    It is therefore ordered that you must pay the claimant £3419.34 for debt (and interest to date of judgement)
    and £310 for costs (less £ which you have already paid)
    You must pay the claimant a total of £3729.34 forthwith

    Then there is a warning at the end of the letter about goods being seized if no payment is made.

    My husband did reply to the claim form and he has completed the questionnaire (twice now) as they wrote to him to say they had not received the form he sent in the post (he sent the 2nd one via email - I did tell him he should have done this in the first place).  He received an automatic reply back to confirm receipt of the email which included an apology from them as they are behind.

    He never received a letter asking him to attend court, how can they do this without giving him a chance to defend himself.  Plus some of the fines are over 6 years old now.

    He is going to phone them.  It also says in small writing at the bottom of the form that if you believe judgement has been entered wrongly in default you may apply to the court office giving your reasons why and there is a form to complete but he will be charged for this privilege!

    It hasn't been to court.

    There has been no hearing yet.

    The CNBC staff have screwed up again.

    He won't be charged a fee and won't have to fill in form N244, albeit for peace of mind, it might be worth the small £14 fee needed to stay the Writ (to stop HCEOs - bailiffs - turning up, if the CNBC drag their heels).

    He must phone the CNBC tomorrow and complain and INSIST on the case being put before a Judge to reverse the Order without a fee because it was irregular (wrong)!

    This person just did exactly that:

    https://forums.moneysavingexpert.com/discussion/6481602/county-court-claim-form-for-parking-by-dcb-legal/p3

    They had to get their MP involved but because of the HCEO threat in your case, your husband must act quickly and INSIST the case is rushed to a Judge before these goons get a High Court Writ..
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • nomoredebt
    nomoredebt Posts: 92 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Please post that letter on here, thanks. Redact personal info
    Here you go...


  • Coupon-mad
    Coupon-mad Posts: 140,103 Forumite
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    edited 1 March at 4:31PM
    And did he ring the CNBC and email off a formal complaint (copy in DCB to stop them applying for a writ).

    The amount involved means HCEOs could be - WILL BE - knocking in your door with a High Court Writ early next week.

    THIS MUST BE REVERSED BY THE CNBC.  NOW. 

    DO NOT WAIT.

    DO NOT EMAIL THEN SIT BACK.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of this/any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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