A

patient_dream

[Deleted User] said:

My wife has received the following email from DCBL with DQ attached. I will assume this again should be ignored and await further correspondence from the court.

Nothing for you to say, bog standard DCBL letter with a little clue

The without prejudice paragraph ...... this is seen shortly before they discontinue, they want to deal .... YOU DON'T ?

Coupon-mad

You mention both the IPC CoP and later, the BPA CoP.  Can't be in both AOS!   Civil Enforcement are not subject to the IPC CoP, so obviously you replace that with the equivalent part from the BPA CoP.

You say: "no notice to keeper was served" but higher up you said you did get a PCN.  Same thing.  You must be consistent.

Point 10 is a very good point - but strangely it starts 'Therefore' despite you not saying anything about the principal/agent argument before!  Is the Gym's name on the signs? If yes, then that point about Fairlie v Fenton is good law and should be higher up.  You also need to attach that transcript as an exhibit.

All the stuff under 'Abuse of Process - the quantum' looks very old. Scrap it and replace it with the version seen in the more recent WS by @aphex007 and the Excel v Wilkinson transcript as another exhibit.

Coupon-mad

You can deal with that at WS stage (see NEWBIES thread second post).

Did she get an auto-acknowledgement from the CCBC when she (not you) emailed her defence?

KeithP

[Deleted User] said:

Hi, I have just checked on MCOL and today my wife's case is saying case stay lifted.  Would someone be able to explain this to me please. 

Yes, the CCBC will be able to explain that.
Their phone number is on your wife's County Court Claim Form.

[Deleted User]

Hi again, just had a message from HM courts and tribunals for a phone mediation for tomorrow. I have just checked through wife's emails and now see she had an email on 3rd of March. I suspect this is a little late to cancel, any advice would be appreciated. 

Coupon-mad

She just says no.

No offer.  No money.  Digging her heels in. Is she up to that?

Mediation is a bullying person telling her she has no case and should offer money. It's horrible.

If she is not up to facing that, then she emails and cancels immediately.  Today.  Now.

[Deleted User]

I would quite happily tell them where to go, but feel my wife may be a little intimidated by it all. Sounds like best option is to email now. Thanks again

[Deleted User]

Went passed the gym car park yesterday and it would seem all parking signs have been removed from there car park. The gym must be finally listening to there customers and getting shot of this PPC (CEL)

KeithP

@[Deleted User], you received a lot of help and guidance last year then suddenly it all went quiet.

The only way we can ever find out if the offered guidance is working is if people tell us.

What was the final outcome in your wife's case?

[Deleted User]

I have my wife's remote hearing on the 21st of March. I will be contacting the court and DCBL Monday to request a face to face due to poor quality unreliable internet at home. Witness statement is ready to go. Really have appreciated all the guidance and will keep you all updated on the outcome.
I didn't want to take up any more of your time with questions, when all your help for new people on the site is required. Finding the newbie thread really helpful now I'm a little more used to the site.
All your help has been greatly appreciated without this help my wife would of ended up with a default CCJ.

Just to add all the complaints to the gym as advised that went towards the PPC from being removed from there site is worth more than anything else in my opinion preventing other gym users going through this exact situation.