(VICTORY) County Court Claim DCB Legal & UKPC

mo_1

I have started preparing my WS, I have seen the examples that I have been kindly pointed to above and will incorporate them into mine.

Facts and Sequence of events

      Date and Time of the Incident: On Thursday, xxxxxx, at approximately 19:10 PM, I entered xxxxxxx . I was there for approximately 15 minutes.

       On Approach: On approach to the parking area, there is no clear signage in the drivers view until after parking the vehicle. Upon my return to the vehicle, I discovered a PCN on the windscreen. I looked for any signage relating to the PCN it is then that I encountered a signage which was not clearly visible, nor did it clearly display any contract with the claimant it transpires that the small print on one of the signs in the parking area stated, "All vehicles parked within bays V1-V7 must clearly display a valid visitor parking permit at all times” the sign did not or clearly show where to obtain a visitor permit.

        Inaccessible Concierge: I decided to investigate where I could obtain a visitor permit, I walked up and down to search for some sort of customer services. Eventually, I located a sign directing me to concierge, concierge was behind a locked gate, despite my best efforts to gain access, I was unable to do so.

UncleThomasCobley

They will discontinue before any hearing. However, you must use the CEL v Chan argument and transcript very early on in your WS as you want this thrown out if it ever (unlikely) gets to an actual hearing.

mo_1

UncleThomasCobley said:

They will discontinue before any hearing. However, you must use the CEL v Chan argument and transcript very early on in your WS as you want this thrown out if it ever (unlikely) gets to an actual hearing.

Hopefully, but just in case i have to submit my WS anyway. Does it read ok so far

Coupon-mad

Yes that's a good start.

mo_1

I have been doing some more work on my WS, please take a look below.

I need to add something on point 8 and 9. 

Which of the photos of the car park should be included?


https://www.dropbox.com/scl/fi/55hnn0a7zrwyi00w882cy/WS-Final.docx?rlkey=a4co7jiomhy4sbjwnibtjag6m&dl=0

Coupon-mad

I think leave in para 10.

Use the photos of the entrance sign, the next one (blue P) and the close up that shows the terms are too small to read.

I think they'll discontinue by Friday!

1505grandad

"39. In the matter of costs, the Defendant asks:
(a) The previously reserved costs of £315, and"

I think that is a c & p error?

Also  -  para 33  -  "There are two main issues...."  -  but you only state one i.e. "Hidden Terms"

The signs should be included in the Table of Contents and referred to appropriate Exhibit number in the main body of WS and exhibited at the end of the WS

mo_1

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.

Update: I called the court yesterday to inquire if the court fees or a properly completed application had been filed as they had until 4pm on the 7th to do it by.

As it was late they said they would get back to me today.

Received the below by email today

“Further to your telephone call yesterday 8 November 2023 regarding the above case,  I write to confirm that a Notice of Discontinuance was received from the Claimant’s Solicitors on 3 November 2023. 

Hearing of 05/12/2023 has been vacated.”

GAME OVER.

A massive thanks to everyone on here for the help and guidance.

Umkomaas

mo_1 said:

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.

Update: I called the court yesterday to inquire if the court fees or a properly completed application had been filed as they until 4pm on the 7th to do it by.

As it was late they said they would get back to me today.

“Further to your telephone call yesterday 8 November 2023 regarding the above case,  I write to confirm that a Notice of Discontinuance was received from the Claimant’s Solicitors on 3 November 2023. 

Hearing of 05/12/2023 has been vacated.”

GAME OVER.

A massive thanks to everyone on here for the help and guidance.

Nice one. I'll get your case recorded in the DCB Legal disco thread. 👍

patient_dream

Well done, DCBL should have sent you the same