HELP PLEASE! Residential defence witness statement against PCN claims brought by DCB Legal

KeithP

I don't think it matters too much what happened before, and as you weren't at the hearing you cannot argue about what might have been said there.
The important bit is that you must send a Witness Statement to the Claimant by 6th September - next Wednesday. 
You should also send a copy of your evidence with that Witness Statement. I guess the Claimant's advocate said something like "we haven't seen the Defendant's Witness Statement and evidence, yer oner".
And the last line effectively says "if you don't do that you'll lose".
It looks like the court are saying that they have received your Witness Statement, but it wouldn't hurt to send your Witness Statement to both the court and claimant again - both together as two addressees of the same email and that way if either recipient receives the stuff then it is pretty certain that the other recipient has too.

Coupon-mad

Yep I think the rep told the Judge the C hadn't received it.  I think you can use this against them.

You should consider filing and serving a short supplementary WS with the old one on Monday, attaching proof of the recipients of the first (July) email and point out that:

(a). Reading the Order from the first hearing, their rep appears to have misled Judge xxxxxx with an alarming untruth at the August hearing, because not only does this email evidence (exhibit XX) prove that the C was indisputably copied into the Defendant's Witness Statement in July, but also:

(b).  the Claimant reacted to the Defendant's WS by issuing a Supplementary WS referring to it.  They should never have denied being served (which appears to have happened) and this untruth actively misled the Judge.  There should be no relief from sanctions and the Defendant asks the Judge to consider what order and uplift of costs (for the Defendant) maybe appropriate, because that conduct almost caused an honest Defendant to be debarred from being heard, and is clearly way above the bar set in Dammerman for wholly unreasonable conduct.

Waldo03

Thanks, KP and CM for your replies and please accept my apology for a late acknowledgment.

I had not only kept the court and the claimant in the same email while sending my WS + bundle, I had also specifically informed the former that "Claimant's legal representative is CC'd in this email." I had in fact CC'd it to the paralegal who is dealing the matter on DCBL's behalf as well.

Later, as mentioned previously, the DCBL paralegal emailed the claimant's supplementary WS to me, of course after going through my WS + bundle/evidence.

I also suspect the claimant's legal rep might have mislead the court, but the court or its functionaries knew well that it was not true. The court's own mismanagement is not less of pain. First, it said e-bundle is acceptable and then said it only accepts hard copy of the bundle. I somehow managed to get hard bundle dropped by hand at the court within the given time.

To claimant's supplementary WS, I had also submitted a supplementary WS, highlighting how the claimant is misleading the court. My supplementary WS was the first item of my hearing bundle that I submitted to the court, and I also emailed it to the claimant with additional evidence. I don't think the judge even bothered to look at the bundle or the court clerk/manager would have briefed him. He just looked at the medical note from my hospital and heard the claimant's rep to make up his mind.

It seems I am up against a crook legal rep of the claimant and a lazy/inefficient court.

Anyway, would it be okay if I submit a second supplementary statement + evidence to dispel the impression the claimant's rep had supposedly created in my absence at the first hearing? If okay, I can email a consolidated bundle (WS, Sup WS1, Sup WS2, and evidence) to both the court and the claimant's legal rep.

Also, it seems I will have to book flights to attend the hearing in November. Can I ask for traveling costs in case the claim is dismissed?

P.S. Thanks CM for the draft Sup WS2 🙏

Coupon-mad

Yes you should send another WS bundle to set the record straight because the Judge was clearly misled.

Also, it seems I will have to book flights to attend the hearing in November. Can I ask for traveling costs in case the claim is dismissed?

Wow that's interesting... add the likely cost for return flights to your costs assessment.

Then AFTER you've emailed the whole bundle, wait 48 hours for the dust to settle and to let them read your latest WS, then email. DCBLegal again really robustly, encouraging them to discontinue the claim because:

(a). at the next hearing they are going to have to explain why their rep appears to have misled the Judge, and

(b). because it's a face-to face hearing this time and you live abroad, and costs will be in play, due to their unreasonable conduct against a known resident and especially at the first hearing, their client will be liable for return flights from xxxxxx plus transfer taxi costs which together, will likely total not less than £xxx (round it up a bit), and

(c). if they delay a decision and then discontinue after the flights have been booked, they will still be liable and you will pursue all costs based on the annotation (about costs in the small claims track being awardable in cases of 'unreasonable conduct') as set out in the White Book.

Give DCBLegal two weeks to discontinue. 

Waldo03

Thanks CM ... should I label the email "Without Prejudice" regarding traveling costs and urging DCBL to discontinue the claim?

Coupon-mad

Without Prejudice, save as to costs

Waldo03

I emailed the updated WS Bundle to both court and the claimant in one email, and to C separately as well with a request to acknowledge safe receipt. The C has not yet acknowledged receipt while the court has replied with the following note:

The attached files have been rejected and deleted for being over the maximum number of pages permitted to be printed by the court, 50 pages.

Please submit hard copy versions by either posting or hand delivering your documents directly to the court.

I believe the demand for hard copy is only for the court, not for the C as well. Any thought?

The C has served only e-bundle to me while I have had previously hand-delivered hard copy to the court before the first hearing.

Coupon-mad

Yes you only need a hard copy for the court.

Then at the end of this week do the second email that we discussed.

REALLY robustly encouraging them to drop it or face hundreds in travel costs and no chance of ever recovering the money even if they win, because you live abroad.  Attach proof.

Waldo03

Here's an update. In response to my 'Without prejudice save as to costs' letter, the DCBL has asked the court to hold the hearing remotely as the costs will overweigh the sum involved in the claim as the defendant is now living abroad and he will have to buy return tickets to attend hearing. While the court had already refused to do so on my request saying remote hearings are not available for small claims track. Fingers crossed.

P.S. With their request to the court for remote hearing, they have attached my without prejudice letter, redacted largely though, but is it okay for them to do so? 

Le_Kirk

What!  Refer to all the hearings that have been carried out by zoom/teams/phone/video (other remote systems are available) since Covid days - even in Small Claims cases!  Letters marked WPSATC should not be put before a judge until the judge has made a decision and is looking at awarding costs!