DCB Legal Letter of Claim - UKPC

preloved1416

I received notice from DCB that they intend to proceed with the claim, and that I should expect to receive a directions questionnaire from the court 

YankeeBrit

preloved1416 said:

I received notice from DCB that they intend to proceed with the claim, and that I should expect to receive a directions questionnaire from the court 

Do we really need to be alerted to point 7 in the 12-point checklist?

Exactly as explained in the 12-point checklist, reproduced here in order to avoid further unnecessary highlights:

1. Print your Defence if you are physically signing it.
2. Sign it and date it.
3. Scan the signed document back in and save it as a pdf, OR if you have no access to a scanner/printer then put an electronic signature in.
4. Send your signed & dated pdf as an email attachment to CCBCAQ@Justice.gov.uk but due to the CCBC's dysfunctional systems, only do this during working hours (a weekday) and you MUST get an acknowledgement straight back or it is NOT submitted.
5. Just put the claim number (check it very carefully) and the word Defence in the email title, and in the body of the email something like 'URGENT RE CLAIM XXXXXXXX - Please find my Defence attached.
6. IMPORTANT - MAKE SURE YOU GET AN EMAIL ACKNOWLEDGEMENT BACK FROM THE CCBC!   After filing your Defence, there is more to do.
7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire and the usual intimidating template letter saying they 'intend to proceed'. Nothing of interest there. Just file it.
8. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet - https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread - https://forums.moneysavingexpert.com/discussion/comment/64350585#Comment_64350585
9. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.  
10. Send a copy of your completed DQ to the Claimant (or their solicitor if they are using one).  Their postal address is on your Claim Form but you can find an email for them by searching this forum, or Google it, because a DQ sent by email is OK and then you know/can prove it's been sent.   
11. DO NOT USE RECORDED (OR SPECIAL) DELIVERY FOR ANYTHING TO A PARKING FIRM OR THEIR SOLICITOR.   DO NOT EXPECT ROGUE FIRMS TO SIGN FOR YOUR LETTERS.  IF THEY DON'T, ALL YOU HAVE IS PROOF OF NON-DELIVERY, WHICH IS THE EXACT OPPOSITE OF WHAT YOU NEED!
12. Will you have to attend a hearing? Yes - unless the claim is struck out or the PPC discontinues (very common with DCB Legal!).   Will that hearing be at Northampton?  NO!  That's just a central starting point for claims.  If you are an individual, you get the choose your local court, and telephone or video hearings are becoming common.  Face to face hearings are better though; it's easier to follow the visual cues from the Judge who allow for Defendants being scared and unused to the situation.  You do NOT want your case 'heard on the papers' (absolutely no).  You want a hearing and you can claim your costs if you win, and you risk nothing (no CCJ, no huge costs) by defending, because if you were among the handful who report a loss here you'd have 30 days to pay and it would be less than on the claim form (£175 - £200 total).

Grande228

any updates on this one?

preloved1416

I submitted my N180 to the court and claimant today - and will most definitely be responding to the government as advised above 

preloved1416

Hi All - Preparing for my hearing and wanted to confirm a few details (sorry if so obvious) - my main defence given that I am not mentioning leaving the car park/ overstaying as it was not mentioned in the claim form is that the POC give no detail at all? 

What if they mention the letter before and of claim that does mention these details - even though the claim form does not 

UncleThomasCobley

You must use the CEL v Chan appeal judgment in your WS to get this thrown out because the POC fail to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction Part 16.7.5.

preloved1416

UncleThomasCobley said:

You must use the CEL v Chan appeal judgment in your WS to get this thrown out because the POC fail to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction Part 16.7.5.

Thank you - to confirm as I know this chain is messy. This is the second claim the claimant has brought against me with near identical particulars excluding the date and time of PCNs

The POC did not mention any information about why the PCNs were issued, if I am defending my position based on the POC alone I do not have enough information to do so. What happens if the claimant refers to the letter before claim and letter of claim that do include the details?

UncleThomasCobley

It is the PoC that count. They can write War and Peace in their LBC. It makes no difference. The rules (CPR and PD) state what must  be included in the PoC and they have failed to do so.

preloved1416

I had a mediation call today out of interest (did not settle) - the claimant said they have a witness who apparently ‘saw me leave the car park’ on several occasions baring in mind it is a huge retail park this is not the case. They expected me to have receipts from 2019 and suggested it was my responsibility to prove I was there, not theirs that I ‘left’. When asked why I didn’t appeal at the time I said I had not received the tickets at the time and I obviously would not have returned to the car park knowing I would receive wrongful PCNs. I know this probably is not worth mentioning in court but as a 20 year old girl at the time repeatedly coming to the car park, would the attendant not have made me aware of the fact and / or approached me as he clearly knew who I was if he ‘saw me leave the car park’ and is willing to state this as fact as a witness.

  RE bringing two cases forward they claimed not to have had the information for the second case when they brought the first forward. Their first claim was in February (I have the claim form with the date on) and I received the letter of claim for the second claim on 16th January. They denied this even though I have physical proof of the documents with both dates on. 

Coupon-mad

In your WS you can say it's almost 5 years ago and you've seen no evidence of leaving the site, which the Claimant suddenly sprung on you at Mediation.  (So yes you DO need to handle this is the WS).

in your WS, just state that, as far as you recall you'd have been shopping there but being 20 and not having the same bank card now, it would be ludicrous to expect receipts for small purchases from 2019.  It is wholly unfair that the Claimant is expecting to shift the usual burden of evidence to you, the Defendant, having failed to plead anything about this allegation in the POC.

Use the WS bundle example by @_blueberry_ and adapt it.