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

Coupon-mad

Waldo03 said:

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? 

Depends if you made an offer in it.  They can't show the court offers made WPSATC. Maybe they redacted that?

Waldo03

Following is the email that the claimant's legal rep sent to the trial court, CC'ing me.

We act for the Claimant in the above matter.

We write further to the hearing listed on xx/11/2023 and note that this has been listed as a face to face hearing. We are in receipt of the attached letter from the Defendant confirming that they are currently residing in xxx and will be required to book flights to the UK in order to attend the hearing.

It is the Claimant's position that, considering the value of the Claim, that the most proportionate and cost effective course of action would be to list the upcoming hearing remotely.

Whilst we appreciate that the Defendant has not made a formal application to change the mode of hearing, we agree it would be in line with the overriding objective for the hearing to be held remotely.

We would be grateful if this email could be placed in front of the Judge for further directions.

We look forward to hearing from you shortly.

Following is my WPSATC letter which they referred to in their email to the court. They kept the text I've boldfaced while redacting rest of the content.

By email & post

Dear Sir/Madam,

Dated: xx Sep. 23

WITHOUT PREJUDICE SAVE AS TO COSTS

With regards to the upcoming court hearing on xx November 2023 between xxx and xxx

I am writing this in order to clarify the costs of my attendance at the next hearing. I currently live abroad in xxx (see the attached utility bill as proof of my residency abroad), as part of my job, and should the in-person hearing take place as expected, I will be required to book return flights and incur other costs of travel for which your client will be liable in addition to the other, fixed costs. These additional costs should amount to approximately £x,xxx.

At the upcoming hearing, you will be required to explain why your client’s legal representative had prima facie misled the Judge at the first hearing as to my cooperation with the proceedings, specifically the suggestion that I had not delivered my evidence and witness bundle to the claimant or their legal representative. It should be noted that dated communications between us prove that I produced any evidence I intend to rely on in a timely manner.

Further, lodging two separate claims against me with identical facts is similarly unconscionable. I have been a resident at xx xxxx xx  and am granted the right to park under my tenancy agreement and these proceedings have caused a great deal of stress by interfering with my right to quiet enjoyment.

In light of the unreasonable conduct of the claimant in the proceedings thus far, I urge you to discontinue the claims against me or else be held liable for further costs. In my considerate opinion discontinuance is in the best interest of your client.

I am asking now, before I have booked my flights and arranged my travel, in order to prevent increasing costs and resources. Please respond within two weeks, after which I will book my tickets. Should you delay your response and choose to discontinue after I have booked my tickets, you will be liable for, and I shall pursue all costs on the basis of unreasonable conduct as set out in the White Book. (Ends)

It will now have to be seen how does the court entertain claimant's request for remote hearing while it had outrightly rejected my request saying this facility is not available for the small claims track. If the court grants remote hearing, what should be my reaction since it had refused my request?

And, if the court does not entertain the claimant's request for a remote hearing as well, what could be the claimant's next move? Would it help him at the time of cost determination as he can argue he had proposed a solution to save costs?

WPSATC seems to have shaken the claimant but somehow he still wants to cling on.

P.S. The claimant is not aware of my rejected application for remote hearing. The court had stated "This case is listed in the small claims back to back list and, therefore, a remote hearing it not possible".

B789

Why on earth did you send that letter WPSATC?

Waldo03

B789 said:

Why on earth did you send that letter WPSATC?

Can you please elaborate what's the risk you are seeing?

I did not see any harm in sending WPSATC letter to claimant to persuade them for discontinuance. After their request for a remote hearing in response to my WPSATC, there could be three scenarios:

1. Court denies their request as well and then they might go for discontinuance, fearing additional costs in case their claim is dismissed.
2. Court admits their request,  and I don't have to go through the hassle of applying for leave from work and take 8-hour flight just to attend hearing.
3. None of the above and I have to travel to attend the hearing in person. That was the case anyways.

Coupon-mad

Yes, but it didn't need heading WPSATC.  It wasn't an offer.

I love the way they covered up the robust stuff you said because they don't want the court to see it.

Waldo03

Coupon-mad said:

Yes, but it didn't need heading WPSATC.  It wasn't an offer.

CM I just followed your advise 😁

B789

By WPSATCing the letter, they can now be very selective in what they show the court. All your useful content that exposed their scam has been left out.

I would suggest you send the email again, this time without the WPSATC, asking them to clarify their position. At least them you have a version that can be used to put them on the spot.

Coupon-mad

Waldo03 said:

Coupon-mad said:

Yes, but it didn't need heading WPSATC.  It wasn't an offer.

CM I just followed your advise 😁

Fair enough! Mental blip!  

Waldo03

B789 said:

I would suggest you send the email again, this time without the WPSATC, asking them to clarify their position. At least them you have a version that can be used to put them on the spot.

Should it be 'Without Prejudice' (not SATC)? Moreover, shall I repeat the contents of my previous letter while asking them to clarify their position? Also, I will really appreciate some tips as how to phrase my email/letter to seek clarity from claimant on my wrongly labelled WPSATC letter and its content? It is important for me to not misstep again 🙏

Umkomaas

Waldo03 said:

B789 said:

I would suggest you send the email again, this time without the WPSATC, asking them to clarify their position. At least them you have a version that can be used to put them on the spot.

Should it be 'Without Prejudice' (not SATC)? Moreover, shall I repeat the contents of my previous letter while asking them to clarify their position? Also, I will really appreciate some tips as how to phrase my email/letter to seek clarity from claimant on my wrongly labelled WPSATC letter and its content? It is important for me to not misstep again 🙏

Why just 'Without Prejudice'?  That still means it cannot be shown to the court.  Just send a standard letter.