DCB Legal county court letter received

sunnyb13

PCN: Dated 08th May 2019

Appeal: 10th July 2019 (was rejected)

Count Court Letter issued: Dated 13th Dec 2022

Acknowledgement of Service MCOL: 26th December 2022

Defence filed (& acknowledged): 16th January 2023

Offer to settle Letter Received: 1st March 2023

Directions Questionnaire N180 – 29th March 2023

Allocation to Small Courts Track N157 – 16th June 2023

Notice of Trial Date letter received – 20th June 2023

DCB phone call of settlement – 21st June 2023

----DISCONTINUATION 29TH AUGUST 2023

Witness Statement Due: 22nd Sept 2023

Trial Date: 6th October 2023

County court letter from DCB legal came through the post for my mother, I'm only just up to speed with what's happened, but not sure if its worth defending or just pay up? It appears my mother appealed and in doing so.... identified herself as the driver.

PCN date 08/05/2019

Appeal date: 10/07/2019
Appeal information: I visited the arena and was taken ill. My son picked me up and my car was collected later on that day.
Appeal Rejected: Thank you for your correspondence relating to your Parking Charge Notice (PCN). The PCN was issued and the signage is displayed in compliance with The British Parking Association’s Approved Operator Scheme Code of Practice and all relevant laws and regulations. Clear signs at the entrance of this site and throughout inform drivers of the terms and conditions that apply there, and it is not possible to access any part of the premises without passing multiple signs. The fact that you were unaware of the restrictions that are in place is not considered a mitigating circumstance for appeal. In light of this, on this occasion, your representations have been carefully considered and rejected. We can confirm that we will hold the charge at the current rate of £140 for a further 14 days from the date of this correspondence.

The Claim come through
Amount claimed: £220.96
Court fee £35.00
legal representatives costs £50
total amount £305.96

Particulars of claim: The defendant (D) is indebted to the claimant (C) for a parking issued to Vehicle XXXXX at the Arena t Stockley Park. The PCN details are 08/05/2019 XXXXXXX. The PCN was issued on private land owned or managed by the claimant. The vehicle was parked in breach of the Terms and on Cs Signs (the contract), thus incurring the PCN(s). The defendant is liable as the driver of the vehicle and agreed to pay within 28 days but did not. Despite requests, the PCN is outstanding. The contract entitles the claimant to damages.
AND THE CLAIMANT CLAIMS
1. £170 being the total of the PCN and Damages
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment
3. Costs and Court fees.

Issue Date: 13 Dec 2022

Acknowledge of Service 26 Dec 2022 "I intend to defend all of this claim"

Highview parking limited is the claimant. DCB legal is their representative.

Mouse007

sunnyb13 said:

 but not sure if its worth defending or just pay up?

Of course it is worth defending

sunnyb13 said:

Appeal information: I visited the arena and was taken ill. My son picked me up and my car was collected later on that day.

Frustration of contract

That will be you mother's main point at point 3 in the template defence

Umkomaas

Play the necessary game (you can help your mother - assuming she is the registered keeper, but all in her name) and you can squeeze a discontinuation out of all this. It will take time and a bit of work, but all doable, especially with £300+ in play.  Read the following thread and take some inspiration. 

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

sunnyb13

Thanks, should I do the following two steps too? 

- SAR ( subject access request for driver and for car)
- debt something letter to their solicitors 

Mouse007

sunnyb13 said:

Thanks, should I do the following two steps too? 

- SAR ( subject access request for driver and for car)

Yes

sunnyb13 said:

- debt something letter to their solicitors 

No, you're too late now proceedings have commenced

You need to be thinking about your mother's defence which MUST be filed by 4pm on Monday 16 January. Do note this must be emailed - do not under any circumstances use the MCOL box.

KeithP

sunnyb13 said:

County court letter from DCB legal came through the post for my mother...

Issue Date: 13 Dec 2022

Acknowledge of Service 26 Dec 2022 "I intend to defend all of this claim"

With a Claim Issue Date of 13th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 16th January 2023 to file your Defence.

That's 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 at the second post in the NEWBIES thread.

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'.

Every where I have written 'you' or 'your' I do of course mean the named Defendant.

Echino

Apologies for hijacking this thread but I am at a similar stage. 

A claim form has been issued by DCB via the "County Court Business centre". 

In the post above by 'Mouse007" you state not to use the MCOL inbox. What is the best way to respond and state my defence? 

What is the reason for not using MCOL? Apologies - just trying to understand so I have a better knowledge of how the system works. 

Thanks

Mouse007

Echino said:

Apologies for hijacking this thread but I am at a similar stage. 

Start a new post (big red "create post" botton) and we will help you there

Trainerman

Mouse007 said:

Echino said:

Apologies for hijacking this thread but I am at a similar stage. 

Start a new post (big red "create post" botton) and we will help you there

Also have a read of the "Newbies" sticky, where most of these questions are already answered

Le_Kirk

Trainerman said:

Mouse007 said:

Echino said:

Apologies for hijacking this thread but I am at a similar stage. 

Start a new post (big red "create post" button) and we will help you there

Also have a read of the "Newbies" sticky, where most of these questions are already answered

............ and the template defence thread where you will find full instructions for filing a defence.

sunnyb13

Defence submitted yesterday and auto acknowledgement received