UK PC Claims received

B789

Interesting... The order did not order them to refund the amounts, only that the Defendant would counterclaim for them:

And Upon the Court being informed that the judgment sums were paid by the Defendant under duress and not as an admission of liability and that the Defendant intends to bring a counterclaim for recovery of those sums

Looks like the intellectually malnourished eejits at DCB Legal are so sure they will lose and probably be hit with an unreasonable behaviour sanction that they have refunded the money without an order and this is the pre-cursor to them discontinuing.

Coupon-mad

Yes, very interesting that they refunded the money.  Maybe because they were held at fault.  Maybe also to avoid the time taken for 2x counterclaim defences and a few hundred in court fees to pay you back for the counterclaim.

LionsShare

I guess I just need to wait to see what comes through the post from DCBL.

LionsShare

Hi everyone, just thought I'd send an update. 

DCBL have sent documents (dark blurry photos etc etc - but no landowner agreement as Ordered) through to my correct address and I assume they have filed them with Luton CC. 

Another Order was sent from Luton CC shortly after the original one with different dates:

 https://www.dropbox.com/scl/fi/3z35x3qx2bz3jr9aifuu7/Order_new-dates_redacted.pdf?rlkey=jkxobnvxaa7jbartolkz3xvp5&dl=0

So I now have until 4pm on 13th October to file my Defence. I have a draft Defence that was done prior to the previous hearing. Do I need to make any changes to it? ....or send anything extra? Presumably remove the parts about wrong address and the emails sent to DCBL???   - any help or guidance with this gratefully received. This is my draft Defence:

https://www.dropbox.com/scl/fi/638z6jpb0evaltamavyl5/Draft-Defence-2-3-redacted.docx?rlkey=lsbke1p7ucjrvmicwfgdwekii&dl=0

Thanks all

Coupon-mad

Oooh it's Luton! I forgot that was your court!  Gotta love them.

You've seen the HHJ Murch judgment?

Silver bullet.  Go read the threads by @Rorythoperr  and @vincentvega27

YOU WILL ENJOY READING THIS...

UncleThomasCobley

You now need to prepare your defence and point out that the claimant has not adhered to the court order in that they have not provided a copy of their agreement with the landowner. Also, in light of the very recent appeal judgment by HHJ Murch and that this is a DCB Legal filed PoC, you must ask the court to throw out the claim as the PoC fail to comply with Civil Procedure Rule 16.4 and Practice Direction Part 16.

Very early on in your defence you need the following:

Preliminary matter: The claim should be struck out

The Defendant draws to the attention of the court that there is now a persuasive Appeal judgment to support striking out the claim (in these exact circumstances of typically poorly pleaded private parking claims, and the extant PoC seen here are far worse than the one seen on Appeal).  The Defendant believes that dismissing this meritless claim is the correct course, with the Overriding Objective in mind.  Bulk litigators (legal firms) should know better than to make little or no attempt to comply with the Practice Direction.  By continuing to plead cases with generic auto-fill unspecific wording, private parking firms should not be surprised when courts strike out their claims based in the following persuasive authority.

A recent persuasive appeal judgment in Civil Enforcement Limited v Chan (Ref. E7GM9W44) would indicate the POC fails to comply with Civil Procedure Rule 16.4 and Practice Direction Part 16. On the 15th August 2023, in the cited case, HHJ Murch held that 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and in view of the Chan judgment, the Court should strike out the claim, using its powers pursuant to CPR 3.4

LionsShare

Many thanks both ....this is great news 

patient_dream

LUTON COUNTY COURT

DCBL has only two options open to them

1: Go to Luton court and get a jolly good spanking
2: DISCONTINUE and as usual chicken out

LionsShare

patient_dream said:

LUTON COUNTY COURT

DCBL has only two options open to them

1: Go to Luton court and get a jolly good spanking
2: DISCONTINUE and as usual chicken out

Happy with either of those options!!
I think option 1 would be way more enjoyable though   

LionsShare

A bit worried (am putting together a Defence today) because DCB have send an Amended POC and also the contract now (see link). Plus all the pictures, PCNs and subsequent letters sent to my old address. The have said that the original amount claimed on the Claim for is 'incorrect' due to an admin. error and they have apologised and  now changed the amount !!
Does this Amended POC affect my Defence? I am using the Defence by @Rorythoperr  as a guide and similarly including the 4 Judgments and Orders that support the fact the claim should be struck out. Am I correct in doing this?

https://www.dropbox.com/scl/fi/olwrwklbzrqjy2x7affjm/Amended-POCs_Redacted.pdf?rlkey=l611nqp537u4hln62kdzqla4h&dl=0