UK Parking Control Limited (via DCB Legal Ltd) Defence

GolfR12

Coupon-mad said:

Le_Kirk said:

Ignore and you will soon join the band on the disco thread. See here : -
https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p69

I don't think they definitely will. 

Really hope so, but this is a case they now know that he/she can't attend and it's a 3 hour hearing (after an adjourned earlier hearing), and they've left it very late if they are going to discontinue this one.

Fingers crossed!

@GolfR12 you could respond and offer them something like £30 to discontinue the case, if you are thinking that a hearing in your absence will be weighted against you if they attend.  I can't recall what PCN issue your case is about and whether you have a very very strong case or a debatable one.  We were all expecting a discontinuance by now...

Or reply and say

"no, please discontinue and we'll both drop hands; no costs for either party".

Do you believe I have a strong case or a debatable one? 

I believe the PCN's relate to being parked outside a designated bay. 

Should I offer them £60 to discontinue? I'm guessing it would be unlikely they would accept anything under 50%. Or should I reply with what you stated at the end?

Coupon-mad

Your choice entirely. 

GolfR12

Coupon-mad said:

Your choice entirely. 

Lol I take it no further advice is being provided

Coupon-mad

No, we want to help, but the choice whether to offer £30 (if you are unsure that your case is solid) or email a drop hands offer (because I doubt they want to pay a rep for travel plus 3 hours attendance at a hearing) has to be yours.

GolfR12

Coupon-mad said:

No, we want to help, but the choice whether to offer £30 (if you are unsure that your case is solid) or email a drop hands offer (because I doubt they want to pay a rep for travel plus 3 hours attendance at a hearing) has to be yours.

Based on your experience, do you believe I have a strong case?

Coupon-mad

Bear these things in mind:

Your first Judge said "the defence was impressive from his initial view of it".

But:

We haven't seen their WS.

We haven't seen any photos.

We haven't seen the NTK.

We don't even know what the POC said.

We don't know what the allegation is.

We don't know which court it is.

You are best placed to decide if you feel like you have a strong case.  You've seen all of the above; you've seen their photos.

You heard what the first Judge thought at first glance.  You've also won in court before.

If you want to know what I would do (VERY general advice, bearing in mind I know almost nothing about your case even though I just read back on this thread to look for clues to see if it's strong or not):

I would email DCB, remind them that:

- their rep asked for a 3 hour hearing, so those costs plus the first rep's costs for attending are already disproportionately high for a 2 PCN case, but they invited this expense;

- the first Judge said the defence looked impressive;

- the Particulars of Claim are wanting, and fall foul of CEL v Chan and other judgments which are all in evidence;

- they could have served better Particulars within 4 months of the claim, but did not;

- it was in their gift to properly plead the claim to comply with CPR 16 in the first place;

- they will end up spending more on this case than they could recover, even if they win;

- therefore, the following has value to their client: they are invited to drop hands, discontinue and both parties walk away without costs. 

GolfR12

Coupon-mad said:

Bear these things in mind:

Your first Judge said "the defence was impressive from his initial view of it".

But:

We haven't seen their WS.

We haven't seen any photos.

We haven't seen the NTK.

We don't even know what the POC said.

We don't know what the allegation is.

We don't know which court it is.

You are best placed to decide if you feel like you have a strong case.  You've seen all of the above; you've seen their photos.

You heard what the first Judge thought at first glance.  You've also won in court before.

If you want to know what I would do (VERY general advice, bearing in mind I know almost nothing about your case even though I just read back on this thread to look for clues to see if it's strong or not):

I would email DCB, remind them that:

- their rep asked for a 3 hour hearing, so those costs plus the first rep's costs for attending are already disproportionately high for a 2 PCN case, but they invited this expense;

- the first Judge said the defence looked impressive;

- the Particulars of Claim are wanting, and fall foul of CEL v Chan and other judgments which are all in evidence;

- they could have served better Particulars within 4 months of the claim, but did not;

- it was in their gift to properly plead the claim to comply with CPR 16 in the first place;

- they will end up spending more on this case than they could recover, even if they win;

- therefore, the following has value to their client: they are invited to drop hands, discontinue and both parties walk away without costs. 

Good news, email received from DCB today advising they will discontinue the claim providing I don't pursue the claimant for coats

Many thanks 

Umkomaas

As predicted (almost), albeit close to the wire. Please let us know what you decide vis-à-vis your cost claim so I can get you included in the DCB Legal discontinuation thread. 👍

Gr1pr

And you won't bother chasing the coats, or the costs either 😁

The game of chicken worked so far 

Coupon-mad

GolfR12 said:

Coupon-mad said:

Bear these things in mind:

Your first Judge said "the defence was impressive from his initial view of it".

But:

We haven't seen their WS.

We haven't seen any photos.

We haven't seen the NTK.

We don't even know what the POC said.

We don't know what the allegation is.

We don't know which court it is.

You are best placed to decide if you feel like you have a strong case.  You've seen all of the above; you've seen their photos.

You heard what the first Judge thought at first glance.  You've also won in court before.

If you want to know what I would do (VERY general advice, bearing in mind I know almost nothing about your case even though I just read back on this thread to look for clues to see if it's strong or not):

I would email DCB, remind them that:

- their rep asked for a 3 hour hearing, so those costs plus the first rep's costs for attending are already disproportionately high for a 2 PCN case, but they invited this expense;

- the first Judge said the defence looked impressive;

- the Particulars of Claim are wanting, and fall foul of CEL v Chan and other judgments which are all in evidence;

- they could have served better Particulars within 4 months of the claim, but did not;

- it was in their gift to properly plead the claim to comply with CPR 16 in the first place;

- they will end up spending more on this case than they could recover, even if they win;

- therefore, the following has value to their client: they are invited to drop hands, discontinue and both parties walk away without costs. 

Good news, email received from DCB today advising they will discontinue the claim providing I don't pursue the claimant for coats

Many thanks 

Perfect - at last!  Phew this was a late one!

ANOTHER ONE BITES THE DUST! 

Accept the 'drop hands' no costs terms and ask them for the Notice of Discontinuance.

Please show us a screenshot of the NoD when it arrives, so Umkomaas can add you to the Hall of Fame in the disco thread!