DCB Legal Ltd Claim Form delayed in mail redirection abroad

neilflah

Can anyone help?

neilflah

As an update, I've just spoken with CNBC who have said they can't offer advice but presume because of the complexity of this case it's been transferred by a Judge to St. Helens.  They recommended calling St. Helens CC for advice.

Coupon-mad

neilflah said:

Can anyone help?

You are misunderstanding.

The order doesn't say you have to apply to set aside again.

It is saying that if a party wishes to object to the Order, either party must respond within seven days.  I think you should respond by email to St Helen's Court and say you do object to an in-person hearing as you live in Poland and the flight costs and travel from the Airport alone would be £xxx  which is why your N244 clearly said you need a remote hearing that you can access from Poland.

EITHER THAT or contact Contestor Legal and ask if they can take this on and attend the hearing for you. They are good, know parking law especially well from what we've seen, and they can send a barrister which means you wouldn't have to fly to the UK.  

It will cost you their fee only if you lose because they will seek their costs from the Claimant.  They'd argue it better than you could and it's likely less than your flights, with a high chance of the parking firm ending up footing their bill. 

neilflah

Thanks Coupon-mad,

Ah, so I'm having to pay a second round of fees to now apply to have this order either set aside, varied or stayed.  Almost like the scam of the PPC's. 

Coupon-mad

neilflah said:

Thanks Coupon-mad,

Ah, so I'm having to pay a second round of fees to now apply to have this order either set aside, varied or stayed.  Almost like the scam of the PPC's. 

No you aren't.

Le_Kirk

neilflah said:

Ah, so I'm having to pay a second round of fees to now apply to have this order either set aside, varied or stayed.  Almost like the scam of the PPC's. 

Coupon-mad said:

neilflah said:

Can anyone help?

You are misunderstanding.

The order doesn't say you have to apply to set aside again.

It is saying that if a party wishes to object to the Order, either party must respond within seven days.  I think you should respond by email to St Helen's Court and say you do object to an in-person hearing as you live in Poland and the flight costs and travel from the Airport alone would be £xxx  which is why your N244 clearly said you need a remote hearing that you can access from Poland.

You need to read @Coupon-mad's answer again!

Coupon-mad

Or just use Contestor Legal to attend the hearing and get all costs back (probably).

neilflah

Hi All,

Thanks for your advice thus far.  I've received a Notice of Hearing of Application letter with a photocopy return of my N244 Application Notice.  The 45 minute hearing at St Helen's CC is scheduled towards the end of March 'by way of a telephone conference'.  'The claimants legal representative shall arrange the telephone conference'
'All documents sent to the court for the hearing must be accompanied by a written sheet clearly showing the date and time of the hearing.'

Are DCB Legal going to attend/arrange this conference call?

If so, should I have Contestor Legal represent me?  I'm surprised the Judge hasn't already dismissed the claim on the grounds of jurisdiction.

Advice appreciated. 

Coupon-mad

Are DCB Legal going to attend/arrange this conference call?

Yes, you know this from the Order which says that is all down to the Claimant.

If so, should I have Contestor Legal represent me?

At THIS hearing you could attend by phone yourself.  But don't you think you need Contestor Legal's help? My view was that you do, because you don't seem sure of your arguments (sorry ... but you are coming across to us, as not quite being in top of all this as you must be if you want to win).

You realise what this hearing is for?

It's not about the PCN.

Do you know what to send by way of a WS for THIS hearing?

If you don't really understand it, I would send your documents to Contestor Legal and pay them to attend this phone hearing, and/or the next one.

neilflah

Hi Coupon-mad,

This is obviously a first time process for me so I'm learning as I go.  I will handle the telephone call myself if I feel I have a good chance of a win.  As way of an update, DCB Legal have emailed stating:

 

We act for the Claimant in the above matter. 

  

 

Please find attached the Claimant's Submissions and a proposed Draft Order in response to the Defendant's Application. 

  

The Claimant has been ordered to arrange a Telephone Hearing, however; the Claimant will not be in attendance at the above listed Hearing, as such; we are unable to arrange the same. No disrespect is intended to the Court. This is simply a decision made to avoid incurring unnecessary and disproportionate costs. We respectfully ask the Court to take into account the following submissions.

 

  

The Defendant has been copied into this email by way of service. 

 

We would be grateful if this could be placed on the Court's file in readiness of the Hearing.