DCBlegal again!

Balhamox

I have reached the point of having a judge assigned to a claim for not parking correctly in the bay dating 2017. This is after having received an NTO in 2017 and then nothing until court summons in december 2022 for this case and one other(unspecified breach of contract in different location). The one other has not been followed up by Dcb so far! They have sent me their evidence which I intend to use for my defence being that the size of letters relating to parking correctly in the bay is so small as to be unreadable from a
nywhere more than 6 foot away and their nearest sign according to their map is 50 yards away.                                                                                                                                         I have now a letter from DCB politely asking me to seek a settlement as well as a hint from the judge/court to do the same. I am considering offering them £20 without prejudice to settle both cases or go to court. I am a complete newbie though I have read as many relevant bits as I can on this forum and would be very grateful for some wise advice.I was not the driver only the keeper

Coupon-mad

I wouldn't offer anything.

You have already done your defence months ago.

Did you use our template defence?

If they've recently sent you their Witness Statement bundle and you have a hearing date, it worries me that you don't say that you have complied with the Court Directions and also already sent them your bundle.  Are you late doing that?

Or is your deadline for that looming (see the hearing letter)?

Le_Kirk

Balhamox said:

I have reached the point of having a judge assigned to a claim for not parking correctly in the bay dating 2017. This is after having received an NTO in 2017 and then nothing until court summons in december 2022 for this case and one other(unspecified breach of contract in different location). 

Was it a NTO or a NTK?  There is no database of owners in this country only keepers.  Also was it a summon or a N1 claim form?

Balhamox

It was a ntk.I received their witness bundle a few mpnths ago my only bundle is their bundle! I have just received a request from deputy Judge Jenkins to send in my witness statements but seemingly not my actual defence by june 14th. No date for hearing yet. I have complied with court directions so far but have not been required to file my defence.I have looked at the template defence but havent been able to work out which bit I should use. And yes it was a claim form I received on dec29th.

KeithP

Balhamox said:

I have just received a request from deputy Judge Jenkins to send in my witness statements but seemingly not my actual defence by june 14th.

Balhamox said:

I have complied with court directions so far but have not been required to file my defence.

You certainly have filed a Defence.
You cannot get this far into the process without filing a Defence.

How did you respond after receiving the County Court Claim Form last December?

Coupon-mad

You have done a defence.  Way back in your response to the Claim.  That was your defence.  

Oh dear. What did it say?  You must have kept a copy so be brave and share it here verbatim so we can help you pick up the pieces.

You are lucky you were given a reminder for your WS bundle as you've missed the right process. Defence was done months ago and was not your only job.

You should urgently read the second post of the NEWBIES thread (specifically, bargepole's Court Procedures thread, linked under the red capitals heading IMPORTANT: KNOW WHAT HAPPENS WHEN.

Balhamox

I said   It is accepted that the defendant was the owner of the van. However it is denied that the vehicle was parked in breach of the claiments terms. It is also totally denied that the driver agreed to pay within 28 days,such an allegation is completely untrue.    That was all I wrote . I plan to just use the image of the sign and the claimants own map of the placement of those signs and the claimants image of my vehicle which clearly shows it to be at least 40 metres from the nearest sign as my defence. I will now go back to the second post of the newbies thread and have a look. Thankyou all for your help.

KeithP

Balhamox said:

It is also totally denied that the driver agreed to pay within 28 days,such an allegation is completely untrue.

That sentence wasn't worth writing in your Defence.

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

Balhamox

I did realise afterwards that it wasnt worth it!

Balhamox

There wasnt a term stating that on the sign though

KeithP

Balhamox said:

There wasnt a term stating that on the sign though

Then you have a winner.

Who is the Claimant?