UKPC/DCBL County court business center claim - customer leaving site

Hayleigh1982

Thank you all for your help.

Would just like to say that my partner has had the notification that the claim has been discontinued

Gr1pr

Please post a redacted picture of the notice of discontinuance, the NoD , thanks 

artyboy

Ah Stevenage...

I got one of those ridiculous 'left site' PCNs as well a few years back. I sent a strongly worded email to the landowner (JLL if I recall correctly) and they cancelled straightaway. I'm actually astonished that UKPC try and pursue any of these to court, I think they have someone watching out for people that park close to the railway bridge...

Anyway, glad to hear it was discontinued...

Coupon-mad

Hayleigh1982 said:

Thank you all for your help.

Would just like to say that my partner has had the notification that the claim has been discontinued

Brilliant news - You won!

ANOTHER ONE BITES THE DUST!  

Please post a quick screenshot of the NoD here so you can be proudly added to the DCB Legal discontinuances thread by @Umkomaas

Hayleigh1982

Please see below NoD they cut it close to the wire to discontinue seeing as the court date was June 6th but a discontinue is a discontinue.  Again thank you for all the help received you guys and gals are amazing! 

patient_dream

Hayleigh1982 said:

Please see below NoD they cut it close to the wire to discontinue seeing as the court date was June 6th but a discontinue is a discontinue.  Again thank you for all the help received you guys and gals are amazing! 

Of course they discontinued, this was a try-on rubbish claim by DCBL
YOU HELD YOUR NERVE .... DCBL CHICKENED OUT AGAIN

MEGA TIMEWASTERS

KeithP

A Notice of Discontinuance dated 30th May for a Hearing due on 6th June is nothing more than ridiculous.

Even if it were posted on 30th May, the earliest that it could be received by the Defendant is Monday 3rd June - just three days before the scheduled hearing. 

BikingBud

Further process abuse?

LDast

The very last paragraph of the Defence, just before the Statement of Truth, it gives the Defendant the right to claim costs from the Claimant if they discontinue unreasonably late. This is a prime example of an unreasonably late discontinuance and is evidence of unreasonable behaviour by the Claimant.

The OP should be writing to the court asking for their costs as per that last paragraph of the Defence.

Attention is drawn specifically to the (often-seen) distinct possibility of an unreasonably late Notice of Discontinuance. Whilst CPR r.38.6 states that the Claimant is liable for the Defendant's costs after discontinuance (r.38.6(1)) this does not normally apply to claims allocated to the small claims track (r.38.6(3)). However, the White Book states (annotation 38.6.1): "Note that the normal rule as to costs does not apply if a claimant in a case allocated to the small claims track serves a notice of discontinuance although it might be contended that costs should be awarded if a party has behaved unreasonably (r.27.14(2)(dg))."