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

Waldo03

Here we go again - DCBL is back, now claiming £289.76 for an alleged parking contravention dated 18/06/2022. As you can see from this thread, We had previously forced them to discontinue two earlier claims.

This new claim is once again for parking at my residential address in London, involving the same vehicle, and even in the same month and year as the previous two failed claims. These conmen and conwomen are utterly shameless. Unfortunately, the system leaves us completely powerless against such chancers.

I’m considering filing a counterclaim this time, though I’m well aware it’s likely another futile exercise when it comes to parking disputes.

Gr1pr

If its the same claimant,  they should have found all outstanding pcns and issued one claim 

So cause of action estoppel and Henderson vs Henderson come to mind, same as in other similar cases 

https://forums.moneysavingexpert.com/discussion/comment/81595211#Comment_81595211

Login to MCOL and complete the AOS online first 

Waldo03

Thanks Gr1pr. Yes, it is the same claimant.

Castle

Are you now resident in England?

Waldo03

Currently, I am living abroad but I am a resident of England.

Waldo03

I submitted my defence well within time and have now received the N180 form from the claimant's lawyers (DCBL), along with the following email.

Good Morning
Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.
In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.
Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.
 If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.
Kind Regards,
Litigation Support
DCB Legal Ltd

My defence is based on primacy of contract and abuse of judicial process (Henderson v Henderson). On the same grounds, DCBL and its client previously withdrew two earlier claims, both just before the scheduled hearing dates. It seems they are now trying their luck for the third time.

My question to the experts here is: how should I respond to their offer to settle the case?

I would, of course, prefer that they withdraw this claim on the same grounds already stated in my defence - namely primacy of contract, cause of action estoppel, and abuse of process.

Car1980

That's just the generic email they send to everyone. It's not an offer, just mealy mouthed words. They probably haven't even read your defence.

Coupon-mad

That letter/email is already in the first 8 steps.