Received claim form from Country court - DCB Legal / CCPC LTD

Echino

KeithP said:

Echino said:

I have received a response from DCB legal. They are saying that after reviewing the defence they intend to proceed with the claim.

You were expecting that, weren't you?

Item 7 in that checklist you were following when you filed a Defence says...

Items 8, 9 and 10 on that list might well be worth another read.

Wasn't sure what to expect in response, they took so long to respond to the defence that I was expecting something a bit more substantial. 

Thanks for the pointers. 

Echino

Good afternoon. 

I have a quick update on this case. Have checked through the newbies thread 3 times, but I have some questions which don't seem to be addressed there (unless I missed through stupidity, in which case please accept my apologies in advance). 

Today I received 'notice of allocation to the small claims track (hearing)' letter from the County Court. Frustratingly it was sent on the 15th but not received until today - which only gives me until Monday to respond. The letter starts by saying "Having considered the papers in your case, the court believes your case is suitable for mediation..." The letter continues to explain how mediation is free and can be arrange by telephoning the HMCTS. They have given me 7 days to do this and both parties need to agree. My question: Is it worth getting involved in mediation? Does it reflect badly on me if I don't respond/refuse to mediate?

The letter goes on to tell me that a date has been set for a hearing - June 2024. So I will need to start gathering paperwork etc to submit to the court (as per the guidance on the newbies thread). Is there any advantage/disadvantage to getting the paperwork to the court sooner rather than later?

Thanks for any responses. Much appreciated and apologies if any of this is in the newbies thread. 

Coupon-mad

No Mediation. Ignore that.

To give DBCLegal a prod, to hurry up and discontinue the daft claim:

Send into the local court and DCB (one email copied to both) a WS now that includes as exhibits, three standard ones (see the WS exemplar by baz417 as stated/linked already, in the Newbies thread.

Use 3 of his 7 exhibits - I'm not going to state which ones because that's for you to find & work out and it is really obvious once you look at it).

Add this new, important wording too:
https://forums.moneysavingexpert.com/discussion/comment/80314298/#Comment_80314298

But obviously don't copy things like "quantum of almost two thousand pounds" nor "how many 'PCNs' are being pursued in this claim, exactly when the alleged conduct occurred (dates and times)" which is specific to that case!

Also that's a defence not a WS so you should change 'The Defendant' to "I" because a WS is your story in the first person.

And don't copy stuff from baz's WS about 'Gladstones trying to add 10.25% interest'!

Obviously also append your own photos as other exhibits, plus of course the CEL v Chan transcript that's on a good twenty or thirty threads this month.  Anyway - to help you - it all started here, which no poster should miss:
https://forums.moneysavingexpert.com/discussion/6473149/major-judgement-where-judge-strike-out-the-claim-form/p1

Do all of the above and show us what your WS bundle looks like. I predict that (assuming this is a singe PCN case?) DCBLegal will then discontinue after trying to contact you to 'settle', LOL!

Echino

Thanks for your response - much appreciated.

Is it okay to submit the WS before I submit my final defence bundle? Or do they both have to be sent in a certain order, or at the same time?

The WS exemplar posted by Baz seems to have been deleted from dropbox. is there anywhere else that I can find it (I tried clicking on all of his links, I think). 

thanks

Coupon-mad

You already sent a defence.  

Le_Kirk

This: -
https://www.dropbox.com/scl/fi/zbb3sb54p9c02f2o4ex1l/WS-Parellel-Parking-Limited-Dopbox-draft.docx?rlkey=kd5q2mmg5lge3esa7iuks5zy6&dl=0
works for me!

Echino

Many thanks 'Le_Kirk' and 'Coupon-mad'. 

Will start working through this and post a draft here. 

Echino

Hello all, taken me a while to get round to this due to personal circumstances. 

Here is my WS:

https://drive.google.com/file/d/1UNSVBuh_dk_7NXhzfW-hKKKscCBAtGWp/view

Have I included the correct 'exhibits from the WS Exempler above?

I have a couple of questions. 'The Fairlie v Fenton (1870) LR 5 Exch 169 Transcript' was reference in the exhibit list on page 1 but not shown in the appendix at all and not referenced in the body of the document (from the Link Le Kirk kindly provided above). Do I need to include reference to this case, and if so where do I obtain the details (have tried to google) and what reference do I need to make to it. 

Apologies in advance if I have made any silly errors in my WS or left anything out. I just about managed to get my tiny brain around the document. 

Coupon-mad

It's such an old case there is no full transcript but last time I googled it, I found an excerpt/summary that could be exhibited.

Echino

Is it either of these two documents - and if so which parts are most relevant?

https://en.wikisource.org/wiki/Page:Halsbury_Laws_of_England_v1_1907.pdf/449


(this one seems to be american but has the exact same name and ref number.) https://www.jstor.org/stable/3307734?seq=7

Many thanks