County Court Claim By Auto Security Limited (AutoSec) on Private Land / Counter Claim??

Coupon-mad

See you in six weeks for the Consultation.  Your only chance to change the law.

Nearly there!  

Yorks2000

Right, some interesting developments that I would appreciate your comments on..

First, quick reminder of the background .  This related to 2xPCNs issued by Autosec in March 2020 - who had surreptitiously infested the on-site car park at the Defendants residence whilst they were on holiday.  No notice, no barriers and no signs on entry (just a couple on the walls of this very large converted Mill).  No notifications from the landlord (lease mentions access to parking - albeit with conditions that the landlord ' may vary from time to time' - and also 'quiet enjoyment').  They returned very late one evening and this was right at the start of the 'you must stay at home' lockdown - so it was only a couple of days later that another resident alerted them to the spurious PCNs.   Usual PCNs - £100 reduced to £60 on prompt payment.  The car park was bare ground with no marked bays whatsoever - purely scam charges to extort money [unfortunately many of the other residents did pay their £60!].  Actually, I doubt if Autosec actually had  formal authority to charge from the landowner.  Waste of time appeal process and then, over three years later, claim form from DCB legal - now for well over £530 inc. court and legal fees.

Unfortunately, we found this (excellent) forum a day too late so the Defendant had responded with defence on the MCOL (as previous post) and also issued a counterclaim (for £490).  On reading the forum and learning the correct way to proceed, the Defendant immediately asked CCBC to cancel the counterclaim (and could she have her £50 back please..no harm in asking!...especially as it was literally next day).  The Clerk told the Defendant to ring the local court to check, once it had been assigned.

The Defendant completed the N180, made a strong case (per forum) for in person hearing and asked for the local court in Barnsley - where it has been assigned.  All this was only 2 weeks ago, so no confirmation of hearing yet.   In the meantime, we had been preparing evidence for the witness statement (photographs SARs etc - no response except for the Managing Agents who said ''it's nothing to do with us!".   We've also asked the actual Landlord but tbh, I expect the same response from them (is a separate company but has the same owners as the Agents!).  DCB legal responded to say they were preparing their response to the defence.   

However, today the Defendant received the following from DCB legal...

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WITHOUT PREJUDICE SAVE AS TO COSTS

We write to you in relation to the above matter.

To assist the Court in achieving its overriding objective, our Client may be prepared to settle this case. I can confirm our Client would be agreeable to discontinuing the Claim against you, on the basis that you withdraw your Counterclaim. As such, both parties will accept their own costs in this matter.

If you are agreeable to this proposal, we would expect you to confirm in writing by the close of business on 05/07/2023. Once we have received confirmation, we will issue the Claimant's Notice of Discontinuance to yourself and the Court. We kindly ask that you ask confirm your withdrawal of the Counterclaim to the Court and CC us into the correspondence. No further action will be taken and the matter will be closed.

Failure to indicate your agreement to this proposal will result in this matter proceeding further against you and you will remain liable for the outstanding balance.

We look forward to hearing from you.

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So, what are the thoughts - should the defendant accept (as they are minded to do, purely to avoid the additional time wasting of preparing WS, taking time off work etc), or should they plough on and hope for a win little bit of cost recovery (but still with a risk of loss).  

Or,  I suppose we could make a counter offer to settle for a nominal cost to cover real costs incurred to date ..

Any thoughts would be very welcome 

B789

Yorks2000 said:

Or,  I suppose they could make a counter offer to settle for a nominal cost to cover real costs incurred to date ..

Don't be ridiculous. Why are you offering to fund the scam?

This is DCB Legal so you can expect a discontinuance any day now. 

See this thread:  DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

Yorks2000

@B789

B789 said:

Yorks2000 said:

Or,  I suppose they could make a counter offer to settle for a nominal cost to cover real costs incurred to date ..

Don't be ridiculous. Why are you offering to fund the scam?

This is DCB Legal so you can expect a discontinuance any day now. 

See this thread:  DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

Apologies - I meant say that they (DCBL) pay the Defendant to settle!  They've already said they'll discontinue for nothing (if the Defendant drops the counter claim).  Edited comment above to clarify 

Coupon-mad

I'd accept it.  Good result.

And follow up the CCBC for the 'promised' refund and complain if it is refused.

But do come back here in August and do the vital DLUHC Public Consultation as discussed!  Both you and your family, all responding separately.

Yorks2000

Super - Many Thanks to @Coupon-mad and all the forumites who are doing a fantastic job helping to squash these parasites.

Yes, we'll certainly be ready to support the public consultation with several suitable responses!

....and it looks like another defeat for DCB Legal - is that 153 recorded now?

Umkomaas

and it looks like another defeat for DCB Legal - is that 153 recorded now?

Get confirmation in writing from them, then I'll record your success in the DCB Legal Discontinuation thread of shame. 

Yorks2000

Umkomaas said:

and it looks like another defeat for DCB Legal - is that 153 recorded now?

Get confirmation in writing from them, then I'll record your success in the DCB Legal Discontinuation thread of shame. 

Is now confirmed in writing!   DCB Legal have issued the formal N279 notice to the court (coped to the Defendant).  So this matter is now closed (although I understand a judge still has to rubber stamp the discontinuation).  

-----------------------------------------------------------------

Dear XXXXXX

We act for the Claimant in the above matter.   We acknowlege your email in which you have withdrawn your counterclaim.

Please find enclosed the Claimant's N279 Notice of Discontinuance for your records.  The attached has also been filed with the Court.

We will now proceed to close our file accordingly.

Kind Regards,

XXXXXXXX

DCB Legal Ltd

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Definitely another win for the forum against DCB Legal and their dubious client!  They even gave in earlier than usual (we didn't even have the court hearing date yet) - they must have realised that their case was hopeless

Once again, many thanks for the guidance and for all the great work that happens on this excellent forum.  We'll look forward to the consultation have also drafted communications to our MPs

Coupon-mad

We'll look forward to the consultation have also drafted communications to our MPs.

That's really important.

We really need MPs on board for motorist consumers because we know parking firms have already tried to nobble their local MPs.

Need to drown the PPCs out in emails to MPs as well as via the Consultation.

Umkomaas

Umkomaas said:

and it looks like another defeat for DCB Legal - is that 153 recorded now?

Get confirmation in writing from them, then I'll record your success in the DCB Legal Discontinuation thread of shame. 

Confirmed. This case now added to the DCB Legal thread of shame!