Claim Form - DCB Legal / Northwest Parking Management

Coupon-mad

Third one, same query in 24 hours, all normal:

https://forums.moneysavingexpert.com/discussion/comment/80491447#Comment_80491447

... and already fully covered in the NEWBIES thread (see the red capitals heading) where example WS bundles are linked.

Aim to file and serve (both) your bundle a day or two before DCB have to pay the hearing fee. Give them a quick 'out'.

I am unable to attend the allocated hearing date and time due to it clashing with my working day so I will also need to inform the court I am unavailable to attend - what is likely to happen in this situation?

You'd lose.  Not joking.

Luckily, DCBLegal will discontinue before you have to admit that you can't attend. Shhhhhh!

Le_Kirk

I am confused by the sentence about the order being made without a hearing but then they are inviting me to attend a hearing - can you clarify this?

The judge has decided to allocate the case to the small claims court and has done this without a hearing, that is, sitting in his/her chambers/office, reading the papers from both sides.  There will of course be a hearing at the small claims court (hopefully the one you specified on your DQ) and you MUST attend otherwise we predict a loss - for you!

Coupon-mad

There will of course be a hearing at the small claims court.

There won't be.

It's DCBLegal & a single PCN!

hj100

Hi I am putting witness statement together can you advise am I to repeat my defence in the same words in the WS or embellish/add more points to the sequence of events? Thanks

Le_Kirk

A witness statement must back up and support, with evidence, what you statedin your defence,  so no, you not just repeat it. Check the exemplars in the NEWBIE sticky. You cannot add points in your defence, although a craftily written WS might do just that.
If you used the @hharry100 defence, then a good WS to use is one by @Lought_TA

hj100

Hi just wanted to update you that I received a letter yesterday from the court 'General form of judgement or order' which stated that the district judge had ordered that the claim is hereby struck out. This was following both WS bundles that were issued by myself and DCB Legal and a phone call from DCB Legal asking if I would like to settle outside of court which I declined. Another good outcome and thank you for your time and help this forum has been a great help.

Ironically, on the same day I received a new PCN from Parking Eye as I parked at a local hotel the other evening mid-journey to settle my screaming 3 month old baby and hadn't noticed any signs indicating it was a privately owned car park...so now it looks like I will have to get onto defending another one...!

KeithP

hj100 said:

Hi just wanted to update you that I received a letter yesterday from the court 'General form of judgement or order' which stated that the district judge had ordered that the claim is hereby struck out. This was following both WS bundles that were issued by myself and DCB Legal and a phone call from DCB Legal asking if I would like to settle outside of court which I declined. Another good outcome and thank you for your time and help this forum has been a great help.

That's good to hear. 
Can you please show us a copy of that 'strike out' order from the court?
Obviously hide your personal details, but that Notice could be very useful for others.

hj100

Sure, here it is. Doesn't give much detail...

patient_dream

hj100 said:

Hi just wanted to update you that I received a letter yesterday from the court 'General form of judgement or order' which stated that the district judge had ordered that the claim is hereby struck out. This was following both WS bundles that were issued by myself and DCB Legal and a phone call from DCB Legal asking if I would like to settle outside of court which I declined. Another good outcome and thank you for your time and help this forum has been a great help.

Ironically, on the same day I received a new PCN from Parking Eye as I parked at a local hotel the other evening mid-journey to settle my screaming 3 month old baby and hadn't noticed any signs indicating it was a privately owned car park...so now it looks like I will have to get onto defending another one...!

This is interesting, the Judge struck out the claim. I think DCBL will be seeing a lot more of this simply because they are serial court timewasters

Regarding the new PE ticket, it will be worth while talking to the hotel with your story
and ask them to cancel

Best to start a new thread so there is no confusion

Coupon-mad

hj100 said:

Hi just wanted to update you that I received a letter yesterday from the court 'General form of judgement or order' which stated that:

the district judge had ordered that the claim is hereby struck out.



This was following both WS bundles that were issued by myself and DCB Legal and a phone call from DCB Legal asking if I would like to settle outside of court which I declined.

Another good outcome and thank you for your time and help this forum has been a great help.

Great, looks like they didn't pay the hearing fee because that order is so short and sweet with no reasoning.

Therefore, it's clearly an automatic strike out, due to failing to abide by the first Order:

hj100  had previously said on 29 December:

Hi I have received another letter today this time a 'Notice of Allocation to the Small Claims Track (Hearing)'. It states 

on 22 Dec the Deputy District Judge considered the statements and directions questionnaires filed and has allocated the claim to the small claims track. 

It states the claim will be heard at my local court on 16 February with a time estimate of 90 minutes but that unless the Claimant does by 4pm on the 19 January pay to the court the Trial fee of 27.00 or file a properly completed application (i.e. one of which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect from 19 January without further order and, unless the Court orders otherwise, the Claimant will also be liable for the cost which the Defendant has incurred.

So, given that earlier Order says they will be liable for your costs, do you have any?

Even if not, well done, you won!

You say that a WS was filed & served by the Claimant.  As this is no longer a live claim, can you show us that please? Cover the personal name of the signatory.  We rarely see a WS from DCB Legal so it's useful for us to scrutinise one.