Defence against the MCOL Claim form UKCPC( DCB Legal)

open-eyed

Happy New year everyone!

For this case, I have now received "Notification of Allocation to the SMall Claims Track (Hearing)" last week and will needed to deliver the copies of all docs before 16th January. The face to face hearing of the claim will take place on 20th February. its  a new phase to me!  

I understand I will need to write a witness statement with all evidences and will need to post them to court office.

Can I send this via Email?

I would appriciate any advice with sample ws or link for similar cases. Thanks.

Coupon-mad

You won't have a hearing once you send in a decent WS bundle.  DCB always discontinue.

Example WS bundles are in the NEWBIES thread second post.

open-eyed

@Coupon-mad, you are absolutely right even before sending my WS! Thanks.

Dear xxxxx,

We act for the Claimant in the above matter.  

Our client has instructed us to discontinue Court proceedings and close our file. Therefore, please find enclosed the Claimant’s N279 Notice of Discontinuance for your records.  

The attached has also been filed with the Court. 

We will now proceed to close our file accordingly. 

Kind Regards, 

 xxx xxx 

 DCB Legal Ltd  

Coupon-mad

open-eyed said:

@Coupon-mad, you are absolutely right even before sending my WS! Thanks.

Dear xxxxx,

We act for the Claimant in the above matter.  

Our client has instructed us to discontinue Court proceedings and close our file. Therefore, please find enclosed the Claimant’s N279 Notice of Discontinuance for your records.  

The attached has also been filed with the Court. 

We will now proceed to close our file accordingly. 

Kind Regards, 

 xxx xxx 

 DCB Legal Ltd  

Yay!  ...well done, you won!

Calling @Umkomaas to add you to the list.  I think there are four or five to add today alone!

ANOTHER ONE BITES THE DUST!

Please find time to do this new Justice Committee Inquiry before it closes - help us to try to STOP this abuse of the system:

https://forums.moneysavingexpert.com/discussion/comment/80375249/#Comment_80375249

Consumer groups have said:

"“Looking ahead, this inquiry should be a stepping stone to a full-scale commission on civil justice with the needs of consumers as its heart.”

The Committee invites evidence on:

• What the current level of delay in the County Court is

• The ways in which the County Court engages with litigants in person, and how this could be improved

• The causes of action giving rise to claims in the County Court

• What future reforms to the County Court should be considered.

Please also state that private parking firms and their bulk litigators are the main problem as far as small claims delays are concerned, as they dominate the court's work.

Parking court claim numbers are rising every year and will make up close to a third of all small claims in 2023, based on the 2022 figures that the MoJ divulged in the DLUHC's recent Parking Code of Practice draft Impact Assessment.

The MoJ must now urgently separate parking cases with a new pre-action protocol.

The DLUHC must put in place an ADR to resolve disputes, instead of letting bulk litigators loose to add money and race to court.

It should be a last resort but litigation is the first aim of DCB Legal.  They state in various articles that bulk litigation is their company aim.

Tell the Committee about your claim and show the Claim Form and discontinuance.

And show them the link to Umkomaas' thread of over 242 discontinuances by DCB Legal in just over a year.

The whole system is a nasty joke and the courts (and consumers) are being used and abused by firms making a mint (and it's not just the parking operators, it is mainly the bulk litigators).

This is a national scandal affecting hundreds of thousands of people every year.  Yes it is that many.  There are c1.5m small claims per annum and about HALF A MILLION are parking claims.

Please tell the Committee that the private parking legislative framework needs to be removed from the county court altogether., to protect consumers. These rogue parking cases should NEVER go to county court and should not be able to affect people's credit rating.  Please add your voice.

Interested parties have until 17 January  to make a submission to the committee.