Claim Form - DCB Legal / Northwest Parking Management

hj100

Coupon-mad said:

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.

https://www.dropbox.com/scl/fi/ih86qvtfjwsuiq3nyx292/DCB-Legal-WS-Bundle-2024.pdf?rlkey=9euwmq1utemth2zbsblk7mq65&dl=0

Coupon-mad

So they put together a WS bundle signed on 9th January, with photos, landowner authority for Hartlepool Marina et al, then didn't pay the hearing fee (seems almost certain)!

I suspect there may have been no intention if sending a rep to attend a hearing.  This looks to have been an attempt to scare you into settling.

hj100

Hi so after thinking this was all over and done with following the strike out of the claim, today I have received a new 'Notice of hearing' of the Claimant's Application to take place on 29 July 24 and an 'Application notice' from DCB Legal on the order that 'the Claim be reinstated pursuant to CPR 3.1(2)(m) and the Claimant be granted relief from sanction pursuant to CPR 3.9.'

The letter includes a witness statement from an employee of DCB Legal.

Any advice on next steps would be much appreciated - has this happened in any previous cases?

Coupon-mad

Please show us said Order and WS.

Redact all names, claim number & VRM.

hj100

Hi here is the application notice:

hj100

WS & order:

Coupon-mad

No it's already been agreed by the court who have set a new hearing date. Show us the Judge's Order please.  Not their draft one.

hj100

There doesn't seem to be a Judge's Order included, only the notice of hearing and their draft order?

Coupon-mad

Wow what a waste of your time.  It says you should attend, merely so that their application can be heard.  Do attend.

I would not oppose that application because clearly they did file & serve a DQ so they are right and there's nothing to object to, except:

What I would suggest is an email to the local court and DCB Legal (you must cc them) headed up:

Urgent: re hearing of the Claimant's application on DATE - claim number xxxxxxx

...saying you do not object to the reason for the application per se, but given there is a hearing date set and the Defendant is required by the Order to attend, they hereby respectfully remind the court that the defence asked the court to strike out the claim because the POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, by failing to "state all facts necessary for the purpose of formulating a complete cause of action".

You trust the Judge will take all the circumstances into consideration, applying the Overriding Objective and the three tests in Denton, as relied upon by the Claimant in their Witness Statement.

hj100

Coupon-mad said:

Wow what a waste of your time.  It says you should attend, merely so that their application can be heard.  Do attend.

Hi I sent an email to the court as advised but have not received any further correspondence. I know it may be difficult to say, but is there any advice you can give about what to expect at this court hearing? Will it be like the standard hearing for this sort of thing or is this different because it's about their application being heard? Would I be expected to put my case forward etc.? 

Any guidance you can offer would be much appreciated so I can prepare accordingly.

Thanks