DCB Legal - Notice of Proposed Allocation to the Small Claims Track - re parking ticket from Aug2019

SPRING2023

Hello 

A very nervous newbie here ! 

DCB legal is trying to take me to the court for a parking ticket which was issued on Aug 2019, on my communal residency carpark which I was a resident for 15 yrs - and had always had a permit glued to my dashboard using a double-sided tape. On that date of Aug 2019 both my car and my husbands car and also other cars in the carpark got a ticket on a very early morning. 
I remember that out of frustration I took a few photos of both our cars, that showed the permit and the ticket in a shot closely... vaguely can recall a conversation with a warden ( who said it wasn't him and the other guy who they receive a lot of complaint for ( only quoting here) -- I really do not remember the whole story but I phoned UKPC and explained the situation. 
We moved out that property and I sold that car just last year- this March 2023 , around 3.5 yrs later both of us received a Claim Form for that incident.

Only luckily I found 3 of the photos on my iCloud backup.

For my husband case , it was all quick and in order - we received the claim form , then defend it on Gov Gateway - then Court acknowledged the defence and informed us that the claimant will be in touch to resolve informally , if reached no agreement , then continue to the claim. Which then he received an email from DCB Legal to ask to see the photos as we mentioned in our defence but didn't have the option to attach them. We replied with the photos attached and in 45 min DCB Legal replied that the climant dropped teh case.

However for me , I received a ' Without a Prejudice Save As to Costs' email from DCB Legal 2 weeks prior to the court acknowledgment letter informimg me that DCB will be in touch. They offered me to pay £200 instead of £295.72 original total claimed amount.

In my reply I stated that if they have received my defence as I have a photo evidence.

They now replied that yes we have read your defence, you did not have any permit therefore need to pay the penalty and also they attached a few photos on my car - all photos were taken from far away with all the light reflection on the windscreen , not closely from the passenger side corner of dashboard that my permit was placed. They had a photo of the other dashboard corner but cutting of the passenger side corner . there was also a photo from the driver seat! 
The permit was purple and on two phtos you could see just a faded purple colour on the corner of teh windscreen.

I marked all teh photos with arrows and boarders to point out the permit and also attached my photo .

They denied the evidence and have filed N180 questionnaire on 30th March 2023.

I emailed teh person who dealt with my husband's case ( copying all other 3 people who emailed me from DCB Legal ) and asked what is the difference here and politely required another consideration as I didnot wish to go to court .

Today , 30th May 2023 I have received the Notice of Proposed Allocation to the Small Claims Track from Northampton CCBC. with an attachment papers suggesting to use mediation.

I know I am not on the wrong but can't help it !! have been so very distressed from the beginning and now do not know what to do ? should I seek mediation as it has suggested by the court? 


Please advise.

Your help would be much appreciated!

Coupon-mad

Just reply by email with something angry & sarcastic like stop faffing about pretending there was no permit; hurry up with the inevitable discontinuance because I want to appear on the MSE thread about your record of those.

Of course, a flat NO TO MEDIATION.

SPRING2023

Thank you! I didn't see your reply ! was not expecting it so quickly!

Thanks for backing me up! absolutely! NO to Mediation as I have nothing to negotiate! 

Do I still need to fill in and send back the received N180 form to the court?

I have looked at the supposedly submitted claimant N180 which was attached to the last email from DCB legal and they have not answered the first question! yes/No to Mediation?!??! is that sounds dodgy or it is me thinking the whole thing is a bluff ?


 

B789

Ignore their N180 or use it as emergency toilet paper. Just wait for yours and make sure you tick NO to mediation.

As their copy is an outdated version, when you get yours or download it from the web, D1 now also requires you to state why you do not want the case to be considered "on papers". This is what you put in the D1 response box:

I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all these years of intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing.  

I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions. 

Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.

Grizebeck

N180s are taking weeks to process so dont expect one any time soon

SPRING2023

B789 said:

Ignore their N180 or use it as emergency toilet paper. Just wait for yours and make sure you tick NO to mediation.

As their copy is an outdated version, when you get yours or download it from the web, D1 now also requires you to state why you do not want the case to be considered "on papers". This is what you put in the D1 response box:

I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all these years of intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing.  

I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions. 

Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.

Thank you !  what happened after you submitted your N180?  Did you then go to a hearing?

I have received my N180 yesterday - issued on 23rd May - given me till 9th June to submit - 

SPRING2023

Grizebeck said:

N180s are taking weeks to process so dont expect one any time soon

I have received it yesterday.

B789

It's DCB Legal. They will discontinue before any hearing. Just complete your N180 and remember to send a copy to DCB Legal too. For question D1 tick NO to a hearing on papers and put the following in the text box:

I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all these years of intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing.  
I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions. 
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.

Coupon-mad

OK so just follow the DQ N180 section already in the NEWBIES thread.

...plus go find Grizebeck's thread from last June about the new Questions in the Directions Questionnaire.  I think I will keel over if anyone else posts asking about the "new questions in the n180" instead of just searching the forum for that advice.

I'm glad you didn't!

SPRING2023

B789 said:

It's DCB Legal. They will discontinue before any hearing. Just complete your N180 and remember to send a copy to DCB Legal too. For question D1 tick NO to a hearing on papers and put the following in the text box:

I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all these years of intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing.  
I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions. 
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.

Honestly! I do not know how to thank you guys!! I have been losing sleep over this! they have harassed me even I emailed them to ask do not contact me  for 10 days I was abroad , taking care of my ill father!  

THEY DID! and given me 14 days to pay!

SPRING2023

Is it too late to send an ASR to UKPC and CDB ?  I haven't done that and reading similar threads on CDB matter, all recommended SAR first..