DCB legal want to proceed with court action after defence submitted

castiog

Good morning,

So I had a ticket almost two years ago now from UK Parking control. I never replied to them. 

I filled a defence to the court as per the templates on here. I contacted their DPO and request all correspondence. Which there is none from me.

I have received an email from DCB stating that UKPC will proceed with the case but offered a settlement (within 7 days of reply from DCB email). I didn't reply to DCB.

This is the email from DCB

******
Good morning,
Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim. In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court. Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence. If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.*******
Could anyone please advise whether I have any course of action that will prevent me from losing the case?
Many thanks 

Herzlos

You'd be best posting in https://forums.moneysavingexpert.com/categories/parking-tickets-fines-parking

But you stand a pretty good chance of winning in court, and even if you lose you won't pay out much more than the settlement figure whilst knowing that it cost them much more to get that much.

GDB2222

Herzlos said:

You'd be best posting in https://forums.moneysavingexpert.com/categories/parking-tickets-fines-parking

But you stand a pretty good chance of winning in court, and even if you lose you won't pay out much more than the settlement figure whilst knowing that it cost them much more to get that much.

You don’t know what figure they would settle for. There’s clearly a case of 'who blinks first', as DCB must be aware of the costs involved in being represented in court, whilst the op doesn’t want to spend half a day in court either.

DCB need to take some cases to court, as otherwise they lose all credibility, but they may be happy to settle other cases at say 25p in the £1. 

I don’t think that the op has anything to lose by replying to the email without prejudice and offering a settlement figure.  I’m not sure about phoning them, though. 

Herzlos

DCB are a debt collector and can't take anyone to court. The business model is purely in threats.

The original parking company could, but then DCB wouldn't get anything, and all UKPC could claim was the original invoice + genuine fees like the small claims court filing fee, which will still be less than the cost of a decent lawyer for the few hours needed to prepare and attend the court.

So for example, the exaggerated fee might be somewhere around £200. £100 for parking + £100 in escalation fees. If it goes to court it'll be for something like £250 (£50 court filing fee), but even if you lose the court hearing you can argue that the costs aren't reasonable and pay something less than the £250, probably more like the £100 parking invoice and the court filing fee since the rest of it is inflated or the cost of doing business.

Of course, it does involve attending the court which is intimidating. Even if you don't show up and lose by default, you'd still only need to pay the £250 asked for, and if you do that quickly enough then there's no CCJ. But settling with the debt collectors won't save much money and will flag you as an easy mark for next time.

You'd still stand a reasonable chance of winning in court because the parking companies send the cheapest lawyers they can find with no prep, so they often make a mess with it on top of there usually being no actual grounds for the case in the first place.

KeithP

Herzlos said:

DCB are a debt collector and can't take anyone to court. The business model is purely in threats.

Errr... DCB Legal Ltd have already taken the OP to court (on behalf of UK Parking Control Ltd).   

The OP has filed a Defence with the County Court Business Centre and DCB Legal Ltd have responded with a letter we see very very often on the Parking Board.

OP, there is nothing you need do at this stage, just file that letter.
But in the near future you will receive your own Directions Questionnaire to complete.


@castiog , as @Herzlos said, your best bet is to get this thread moved to the Parking tickets board.
Perhaps the easiest way to make that happen, is to simply hit the Report button -  - below your post and ask for the thread to be moved.

Herzlos

KeithP said:

Herzlos said:

DCB are a debt collector and can't take anyone to court. The business model is purely in threats.

Errr... DCB Legal Ltd have already taken the OP to court (on behalf of UK Parking Control Ltd).   

Not quite. UKPC have started the procedure to take OP to court whilst DCB are sat at the sidelines trying to get OP to settle.

If OP doesn't settle via DCB then DCB don't get paid, but they are parasites and don't deserve to be paid.

GDB2222

Are you quite sure that the debt hasn’t been assigned to DCB? 

KeithP

No debt assignment has taken place.

fisherjim

GDB2222 said:

Are you quite sure that the debt hasn’t been assigned to DCB? 

There is no confirmed "debt" it hasn't been to court yet .

GDB2222

fisherjim said:

GDB2222 said:

Are you quite sure that the debt hasn’t been assigned to DCB? 

There is no confirmed "debt" it hasn't been to court yet .

Alleged debt, then … 

Trainerman

Herzlos said:

KeithP said:

Herzlos said:

DCB are a debt collector and can't take anyone to court. The business model is purely in threats.

Errr... DCB Legal Ltd have already taken the OP to court (on behalf of UK Parking Control Ltd).   

Not quite. UKPC have started the procedure to take OP to court whilst DCB are sat at the sidelines trying to get OP to settle.

If OP doesn't settle via DCB then DCB don't get paid, but they are parasites and don't deserve to be paid.

Yes but you have DCB Ltd ...just debt collectors, and DCB Legal who are taking people to court, as representative solicitors