Advice needed - Car Park machine that didn't produce ticket - Court hearing stage

bomaya

Thanks Coupon-mad. Feeling a bit dumb because if I click on those member links, I can't then click on anything to take me to their posts. How do I see (for example) @imulsion's thread? 

Coupon-mad

Yes you can. Look again.

bomaya

So I sent my witness statement last week (on the day before the deadline) by email to the Court and to DCB Legal. I got a received notification from the Court. The hearing is due on the 5th February. The deadline for them to pay the court fee was due last week. 

I have not received anything from DCB Legal. I have also not heard anything from the Court about it being thrown out. 

Am I wrong in thinking I should have received something from DCB Legal? If I'm right, should I be telling the Court?

Coupon-mad

Email DCB Legal and ask for a copy of their Notice of Discontinuance because you believe they haven't paid the hearing fee, so must discontinue.

(please don't reply saying you din't know if they have paid. That's not the point! Doesn't matter, this is about prodding them).

Show us the NoD when you get it, so that you can have your case counted in the discontinuance thread.

bomaya

Emailed DCB Legal a week ago and have only had the automated response and nothing else. The court date is two weeks today. Does this mean it looks likely that the hearing will actually go ahead as I will need to book time off work to attend?

Coupon-mad

Once you are past the date the WS were due (past today?), and no WS has come from the Claimant, email DCB Legal and say they are in breach of the hearing order and they have not discontinued either, this you will attend the hearing and claim full costs unless they email a Discontinuance by return.

bomaya

The WS was due four weeks before the hearing date. I did wonder if the Court would notify me if they'd not received a copy either but I guess they don't.

I will email DCB again as you suggest. Thank you.

bomaya

Well, I got a reply from DCB Legal telling me that they discontinued on 31st December! They sent an attachment showing the copy of it which they say was posted to my home address (I didn't get it). I will post it on here later.

So annoying though - I have spent the last four weeks getting more and more stressed about the impending hearing. I spent hours sorting out my witness statement. All of which could have been avoided. I assume they've told the court so would the court not automatically let me know? Or do they just assume that the Claimant would contact me?

Coupon-mad

bomaya said:

Well, I got a reply from DCB Legal telling me that they discontinued on 31st December! They sent an attachment showing the copy of it which they say was posted to my home address (I didn't get it). I will post it on here later.

So annoying though - I have spent the last four weeks getting more and more stressed about the impending hearing. I spent hours sorting out my witness statement. All of which could have been avoided. I assume they've told the court so would the court not automatically let me know? Or do they just assume that the Claimant would contact me?

They just trust DCB to have told you. This is why I advised you to email DCB Legal (we suspected this had already happened)!

Yay, well done!

ANOTHER ONE BITES THE DUST!

IMPORTANT: please show us the NoD here, or your success can't be counted in the DCB Legal 'disco' thread.

I'm sure you want to stand up and be counted!

bomaya

Here you go!