Civil Enforcement PCN advice please

Feyla

Le_Kirk said:

Yes and send it by email to CNBC using DQ.CNBC@justice.gov.uk and you have the correct email address for dcb legal

Thanks, sent!

Feyla

Hi, update on my case; I had the mediation call and I offered zero to settle.

I've just received a letter today titled "notice of transfer proceedings" saying that the claim has been transferred to a local court for allocation, "on receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judge's decision will be sent to you in a notice of allocation."

Does this mean I'm definitely going to court over this? 

Coupon-mad

Nope.        

Feyla

Hi again, I have just received another letter about a hearing that is meant to take place on the 8th of July (yesterday?) and the date of the letter is also the 8th of July. See picture attached.

But it does look like there will be a hearing for this case... I'm very confused about the date. Must be a typo? I've tried to call but they are now closed. I'll try again tomorrow and I might try to email now.

Coupon-mad

Mess up by the court. Ring them tomorrow and complain.

Feyla

I rang them today and they said on their system the hearing is on the 24th of September at 10:30, the guy on the phone said to email the court to confirm that this is an error (obviously it is) so I have done that as well. I imagine I'll get another letter with the correct date, so I'm assuming this is going ahead on that date.

I thought before that they wouldn't go ahead to the final stage and actually take me to court, which makes me think they have enough evidence to win or they wouldn't go this far.

What are my options now? Is it better to try and settle outside of court? Or how should I prepare for the hearing? I think I need to go back over the newbies thread but I haven't had time yet.

Should I be worried about losing? What's the worst case scenario?

Gr1pr

Feyla said:

I rang them today and they said on their system the hearing is on the 24th of September at 10:30, the guy on the phone said to email the court to confirm that this is an error (obviously it is) so I have done that as well. I imagine I'll get another letter with the correct date, so I'm assuming this is going ahead on that date.

I thought before that they wouldn't go ahead to the final stage and actually take me to court, which makes me think they have enough evidence to win or they wouldn't go this far.

What are my options now? Is it better to try and settle outside of court?

Or how should I prepare for the hearing? I think I need to go back over the newbies thread but I haven't had time yet.

Should I be worried about losing? What's the worst case scenario?

Definitely don't assume anything,  the date and time are pencilled in,  but the claimant hasn't paid them the court hearing fee yet, so it's only going ahead if they pay it by the deadline listed on the replacement court order that you have not received yet 

They almost always go this far, it's when they have to pay the £27 hearing fee that its continue or discontinue, not before , your case hasn't reached that deadline yet , not for another 6 weeks or so

No settlement out of court,  certainly not yet,  wait to see if they pay the fee first 

You have not received their evidence yet,  so stop presuming,  stick to the facts

Study other recent cases that are ahead of yours, especially the discontinuations thread by Umkomaas 

Worrying is useless,  dont obsess over it 

To answer the last question,  what is the total claimed on the claim form   ?

Feyla

Gr1pr said:

Feyla said:

I rang them today and they said on their system the hearing is on the 24th of September at 10:30, the guy on the phone said to email the court to confirm that this is an error (obviously it is) so I have done that as well. I imagine I'll get another letter with the correct date, so I'm assuming this is going ahead on that date.

I thought before that they wouldn't go ahead to the final stage and actually take me to court, which makes me think they have enough evidence to win or they wouldn't go this far.

What are my options now? Is it better to try and settle outside of court?

Or how should I prepare for the hearing? I think I need to go back over the newbies thread but I haven't had time yet.

Should I be worried about losing? What's the worst case scenario?

Definitely don't assume anything,  the date and time are pencilled in,  but the claimant hasn't paid them the court hearing fee yet, so it's only going ahead if they pay it by the deadline listed on the replacement court order that you have not received yet 

They almost always go this far, it's when they have to pay the £27 hearing fee that its continue or discontinue, not before , your case hasn't reached that deadline yet , not for another 6 weeks or so

No settlement out of court,  certainly not yet,  wait to see if they pay the fee first 

You have not received their evidence yet,  so stop presuming,  stick to the facts

Study other recent cases that are ahead of yours, especially the discontinuations thread by Umkomaas 

Worrying is useless,  dont obsess over it 

To answer the last question,  what is the total claimed on the claim form   ?

Oh ok, the wording on the letter makes it sound like the hearing is definitely going ahead but that's reassuring thanks. The amount on the claim form is £340.32

Gr1pr

Its not going ahead unless it's pre paid by the new deadline on the replacement court order with the correct dates  !

No pay, no hearing,  vacated   !

A lot of creative accounting to get to £340 for a single pcn,  the typical loss in court is around £212 for a single pcn 

Feyla

Hi again, I have received an email with the amended date the 24th of September at 10:30. So will I receive another letter confirming once they pay the fee or?

Also I've gone over the newbies thread again, so I think I should submit evidence and a WS, and see if they discontinue the case or not. It seems to be very common for DCB legal to discontinue so that's a bit reassuring. I'm just not sure which evidence in the examples are relevant to my case, I don't have photos of the signage or anything, as the car park is quite far away from where I live, and also this was so long ago. I do not even know the payment method of the car park, if it was pay & display or something else. I don't have evidence of paying. The only thing is my mother was also in the car with me and can provide a statement, will her and my own WS be enough? 

To summarise;

- I did park on the day and for the time period that they say, and as far as I remember I did pay there's no way I would park for 12 hours and not pay, the only explanation is if the payment didn't work for whatever reason

- The evidence they have is a report of payments made, which looks to be manufactured, which doesn't show my number plate. They also have a photo of my car entering and leaving the car park, the later with an ineligible number plate.

I could use some help as I'm not sure which evidence to submit