(VICTORY) County Court Claim DCB Legal & UKPC

mo_1

Hi

Received Directions Questionnaire which needs to be complete by 16th June, I have read the sticky and advice how to complete but it seems a little different to the form I have.

Part D is now Part E.

D1 is Suitability for determination without a hearing.

E5 - Do you believe you, or a witness who will give evidence on your behalf, are vulnerable in any way which the court needs to consider.

Can the form be emailed back? or does it have to be posted?


Filling out the form

A1 = Say NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you). Mediation is run by a commercial company on behalf of the courts and their success is measured by how many cases are kept out of court. They are not interested in the merits of the case, only whether you will pay or not. So say No.

B = fill in all the details, your name, your address, etc. This is the address that all the paperwork will be sent to. If you are moving home within 6 months make sure you have mail redirection in place. You will get a default CCJ if the paperwork doesn't get to you as the Courts see it as your responsibility to give a correct address.

C1 = YES to small claims track – this is the limited costs track for claims up to £10,000 in value

D1 = name of your local County Court – unless you are a Limited company, the case files will be transferred there. They will ask for theirs but protocol dictates it is your court. For example, MIL Collections always asks for Truro and Devere Parking always ask for Bournemouth. You, literally, do not want to go there.

D2 = NO to expert evidence (this relates to medical negligence cases and suchlike)

D3 = 1 witness (that’s you) (or more if you are going to get another person to provide a statement)

D4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one)

You send a copy to the courts and another copy to the Claimant company. Keep a copy for yourself. As mentioned before, there is a long delay (20+ weeks) between this form and an actual day in court.

KeithP

This thread - New Questions on the N180 Form - should help.

mo_1 said:

Can the form be emailed back? or does it have to be posted?

Have another read of that checklist you were following when you filed a Defence.

Item 9 on that list says...

Other items on that list might be worth another look too.

mo_1

Hi All,

I have received a notice of allocation to the small claims track (hearing). The hearing date is the first week in December. it states I must submit all documents no later than 14 days before the hearing.

I have also received a letter from DCB stating " Our Client may be prepared to make an offer to conclude this matter" which I have ignored.

I am looing for a a good recent template involving residential parking (as a visitor )

would I include the below to the WS?

"The Defendant believes this is about a residential location where visitors were unable to obtain permits when the Concierge gate was locked, thus making it impossible for visiting drivers to perform the contract even if the signs had been prominent, which is denied, with the Claimant being put to strict proof."

Le_Kirk

There are quite a few WSs on the forum, just use the search facility with witness statement exemplar as your search term and change Best Match to Newest.
That last paragraph should have been in your defence and then you can back it up and support that claim with evidence. 

Umkomaas

Not necessarily residential-specific, the following Witness Statements are seen as good examples from which to work. Use them as the bases on which to construct your own. Note - this isn't suggesting you just copy and paste, you must describe the circumstances pertaining to your parking event. 

@_blueberry_

@vincentvega27

patient_dream

"I have also received a letter from DCB stating " Our Client may be prepared to make an offer to conclude this matter" which I have ignored."

You should IGNORE, it's a standard copy and paste

IT MEANS .... we do not want to go to court.

Be patient and enjoy playing the game with DCBL .... it's great fun

UncleThomasCobley

mo_1 said:

I have also received a letter from DCB stating " Our Client may be prepared to make an offer to conclude this matter" which I have ignored.

The usual precursor to a discontinuation.

You also include the recent CEL v Chan appeal judgment and transcript early on in your WS.

mo_1

patient_dream said:

"I have also received a letter from DCB stating " Our Client may be prepared to make an offer to conclude this matter" which I have ignored."

You should IGNORE, it's a standard copy and paste

IT MEANS .... we do not want to go to court.

Be patient and enjoy playing the game with DCBL .... it's great fun

Is there a pattern to the date they are likely to discontinue or is it random? e.g they always discontinue x number of days before the hearing.

The notice of allocation also states that they had not paid the correct court fee of £27 or file a properly completed application.

UncleThomasCobley

It happens when it happens. It could be any time up to a few days before any allocated hearing date.

The only thing you can be sure of is that it will happen. Get on with your life in the meantime.

patient_dream

mo_1 said:

patient_dream said:

"I have also received a letter from DCB stating " Our Client may be prepared to make an offer to conclude this matter" which I have ignored."

You should IGNORE, it's a standard copy and paste

IT MEANS .... we do not want to go to court.

Be patient and enjoy playing the game with DCBL .... it's great fun

Is there a pattern to the date they are likely to discontinue or is it random? e.g they always discontinue x number of days before the hearing.

The notice of allocation also states that they had not paid the correct court fee of £27 or file a properly completed application.

Normally once they digest your WS and realise that the UKPC case is crap

Have you seen this thread today where the DCBL/UKPC case was struck out by the Judge for reasons far more serious than DCBL being late paying the court fee and file a properly completed application

https://forums.moneysavingexpert.com/discussion/6483023/succesful-update-against-uk-parking-control-ltd-via-dcb-legal#latest

The same will apply to you, they will discontinue soon