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

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Comments

  • Coupon-mad
    Coupon-mad Posts: 152,819 Forumite
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    edited 9 October 2023 at 11:36PM
    Send DCBLegal a breakdown of your travel costs (with links to flights) and tell them they have until the end of this week (4pm Friday) to discontinue ALL claims, or you will either:

    - book the flights, transfers & accommodation and will hold their client liable for all costs,

    or

    -  instruct Lawrence & Associates to send an Advocate from Contestor Legal* to attend the hearing - in the Defendant's absence - and their barrister will claim their four figure costs 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
  • Waldo03
    Waldo03 Posts: 43 Forumite
    Second Anniversary 10 Posts Name Dropper
    Thanks CM! Shall I write both the options in my email - travel costs or instructing lawyer/Barrister cost?
  • Umkomaas
    Umkomaas Posts: 43,436 Forumite
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    Waldo03 said:
    Thanks CM! Shall I write both the options in my email - travel costs or instructing lawyer/Barrister cost?
    Yes both. You are threatening them with both options. They need to work out whether they wish to risk either. You either fly back to defend yourself, or you instruct Contestor to do it on your behalf, in your absence, avoiding your need to travel.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 152,819 Forumite
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    Waldo03 said:
    Thanks CM! Shall I write both the options in my email - travel costs or instructing lawyer/Barrister cost?

    Yes you write what I said.
    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
  • Waldo03
    Waldo03 Posts: 43 Forumite
    Second Anniversary 10 Posts Name Dropper
    SUCCESS AT LAST - DCBLegal discontinued the claim  :)

    Got the following email from DCBLegal on Friday in reply to my email/letter which I had sent to them according to CM's advice earlier in the week.

    Please note that we have now received our client's instruction on this matter and they will be agreeable to discontinue the claim as both parties have agreed to bear their own costs. Therefore, 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.

    Thanks you all for your support especially CM for bearing with me and providing appropriate advice in timely manner.

    They however have discontinued one claim that was listed for hearing next month. The other claim of similar facts which has yet to be listed for hearing is still live and I am going to send them a follow up email to discontinue that one as well.

  • Coupon-mad
    Coupon-mad Posts: 152,819 Forumite
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    Brilliant news!  A similar email should soon see the other claim discontinued.

    ANOTHER ONE BITES THE DUST!

    Calling @Umkomaas
    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
  • Umkomaas
    Umkomaas Posts: 43,436 Forumite
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    Brilliant news!  A similar email should soon see the other claim discontinued.

    ANOTHER ONE BITES THE DUST!

    Calling @Umkomaas
    On my way. 🤓
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Waldo03
    Waldo03 Posts: 43 Forumite
    Second Anniversary 10 Posts Name Dropper
    edited 12 January 2024 at 11:01AM


    Sorry for updating late on this joyous news that came in just at the beginning of festive season 2023. DCBLegal issued this notice of discontinuance in the second claim against me as well just after the court set January 16, 2024, as the hearing date. Another victory for this forum. Thanks @Coupon-mad for your kind guidance throughout this ordeal. And, another feather in the cap @Umkomaas 🫡
  • Coupon-mad
    Coupon-mad Posts: 152,819 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 January 2024 at 3:16PM
    Waldo03 said:


    Sorry for updating late on this joyous news that came in just at the beginning of festive season 2023. DCBLegal issued this notice of discontinuance in the second claim against me as well just after the court set January 16, 2024, as the hearing date. Another victory for this forum. Thanks @Coupon-mad for your kind guidance throughout this ordeal. And, another feather in the cap @Umkomaas 🫡
    Another win.  Your second!

    Yay!  ...well done, you won!

    Calling @Umkomaas to add you to the list.

    ANOTHER ONE BITES THE DUST!

    Please find time to do this new Justice Committee Inquiry before it closes within days - help us to try to STOP this abuse of the system:

    https://forums.moneysavingexpert.com/discussion/comment/80375249/#Comment_80375249

    Consumer groups have said:

    "
    “Looking ahead, this inquiry should be a stepping stone to a full-scale commission on civil justice with the needs of consumers as its heart.”

    The Committee invites evidence on:

    • What the current level of delay in the County Court is

    • The ways in which the County Court engages with litigants in person, and how this could be improved

    • The causes of action giving rise to claims in the County Court

    • What future reforms to the County Court should be considered.


    Please also state that private parking firms and their bulk litigators are the main problem as far as small claims delays are concerned, as these bulk litigators dominate and clog up court lists.

    Parking court claim numbers are rising every year and will make up close to a third of all small claims in 2023, based on the 2022 figures that the MoJ divulged in the DLUHC's recent Parking Code of Practice draft Impact Assessment.

    The MoJ must now be informed to urgently separate parking cases with a new pre-action protocol (requiring use of ADR instead of inflated debt demands and bulk litigators who want court). It should be a last resort but litigation is the first aim of DCB Legal.  They state in various articles that bulk litigation is their company aim.

    Tell the Committee about your claims and show the Claim Form and discontinuances x 2.  Tell them: instead if filing one claim for all parking charges they filed two, doubling the burden on the court.  Knowing full well that they'd never proceed to hearings if the victim defended the claims.

    It's ALL a numbers game and a clear snd obvious abuse of the court system.

    And show them the link to Umkomaas' thread of over 240 discontinuances by DCB Legal in just over a year.

    This is a hidden (unknown to most people) scandal affecting hundreds of thousands of people every year.  Yes it is that many.  There are c1.5m small claims per annum and about HALF A MILLION are parking claims.

    Please tell the Committee that the private parking legislative framework needs to be removed from the county court altogether., to protect consumers. Ideally, parking cases should NEVER go to county court and should not be able to affect people's credit rating.  Please add your voice.


    Interested parties have until 17 January  to make a submission to the committee.
    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
  • Umkomaas
    Umkomaas Posts: 43,436 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Recording this second one for @Waldo03. 🤓
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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