PCN - Motorbike/Scooter parked on paving outside of shopping centre car park - County Court Claim

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KeithP said:

Aren't your latest questions all answered by items 7, 8, 9 and 10 on that checklist you were following when you filed a Defence?

You're absolutely right, thanks for reminding me. I have had that many pages bookmarked, it's easy to lose track.

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B789 said:

You ignore their N180. If yours is ready to go and you've put the correct wording into D1 for NO hearing on the papers and you have not opted for mediation, then as soon as you see on your MCOL history that a DQ has been sent to you, you can send yours. You don't want to file too early and it seems as if the DCB Legal are prompting you to do so by showing you theirs "in anticipation".

Patience. You are dealing with the intellectually malnourished DCB Legal and you already know how this is likely to end in a discontinuance after they try to contact you for a reduced sum settlement.

Thanks. I completed my N180 a couple of weeks ago.

When I downloaded the form and saw the new D1 section, I was quite anxious. Thankfully, I found guidance on these forums and was able to complete it satisfactorily.

I will follow yours and KeithP's advice and wait until MCOL status shows the N180 as having been sent.

Here's what I wrote in section D1 Suitability for determination without a hearing (hope this helps other forum members searching):

1. I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party.  I feel strongly after all these years of intimidating demands from this aggressive parking firm and their agents, that I need a voice at an attended hearing.

2. I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.

3. Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.

Le_Kirk

B789 said:

You ignore their N180. If yours is ready to go and you've put the correct wording into D1 for NO hearing on the papers and you have not opted for mediation, then as soon as you see on your MCOL history that a DQ has been sent to you, you can send yours. You don't want to file too early and it seems as if the DCB Legal are prompting you to do so by showing you theirs "in anticipation".

........... and make sure you block out any possible non-availability dates including holidays, family celebrations and work commitments.  There have been a few posters recently who have discovered a hearing date for when they will not be available!

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I have been routinely checking MCOL to see if and when DCB Legal would file a DQ.  Today, almost 12 weeks since my defence was submitted, they've had the Case Stay lifted and filed their DQ.

As I understand, they are supposed to file a DQ within 28 days of the date a defence is submitted.  This is just taking the mick.  How can they get away with this?

Is there anything I can do to get the court to strike the case out (not sure if that's correct terminology) ?

Coupon-mad

Nope, the CCBC is seen to favour Claimants, in our experience.  Your case is live again.

Boat_to_Bolivia

Coupon-mad said:

Nope, the CCBC is seen to favour Claimants, in our experience.  Your case is live again.

It really is quite unbelievable and insanely unjust!

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You can bet if I or any other layperson responded late to this type of thing, then we'd be penalised for it!