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DCB Legal Claim form issued - help drafting defence

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Comments

  • Coupon-mad
    Coupon-mad Posts: 153,575 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 28 August 2024 at 2:59PM
    You don't hand anything in. You take it in with you to the court room and be guided by the Judge in what he/she wants you to clarify.

    No you don't read out your WS in full.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • PartyPops
    PartyPops Posts: 64 Forumite
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    Hey guys, DCB legal have sent me their witness statement and I have to say it does fight back against pretty much nearly every bit I mentioned in mine. Should I post this here? Going to need some help now 
  • Coupon-mad
    Coupon-mad Posts: 153,575 Forumite
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    No we don't need to see their template WS again. It does not hold any weight.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Court date is approaching, if I lose the case - do I need to state the obvious that the PCN is overcharged in order to pay less or does the judge automatically apply that if they see fit? 

    Is it more likely that I will pay the full cost on the case or will the judge reduce that? 

    I’m not experienced so just want to understand if I need to state anything about how the claimant has inflated the costs without any proper justification (that is already in my WS) so that I can atleast pay less 
  • Coupon-mad
    Coupon-mad Posts: 153,575 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 September 2024 at 9:29PM
    Most likely the Judge will not allow the added £70 'damages' but yes, unless the Judge makes it fairly clear you've won, you do need to address that point, to steer the Judge to read what your Defence and WS said about that being disproportionate 'extorting money from motorists' (the DLUHC Government Minister said so).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_Kirk
    Le_Kirk Posts: 24,756 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    PartyPops said:
    PCN is overcharged ................. claimant has inflated the costs 
    Surely that is already in your defence and/or witness statement?
  • Le_Kirk said:
    PartyPops said:
    PCN is overcharged ................. claimant has inflated the costs 
    Surely that is already in your defence and/or witness statement?
    Yes, its in there but I wasn’t sure if I had to point it out if the judge doesn’t mention anything? Will the judge pick it up though
  • Coupon-mad
    Coupon-mad Posts: 153,575 Forumite
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    No they won't. You must raise it if you feel you might not have won. You can tell, usually.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • No they won't. You must raise it if you feel you might not have won. You can tell, usually.
    Thanks, my case is tomorrow morning. Wish me luck! 

    If I lose, do I make payment to DCB Legal? Do I have to pay anything at the court whilst I’m there? 
  • Coupon-mad
    Coupon-mad Posts: 153,575 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Let's wait and see.   :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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