DCB Legal Ltd Claim Form delayed in mail redirection abroad

neilflah

Dear Sirs,

Re: Highview Parking Limited -v- xxxxxx
Claim Number : xxxxxxx

We act for the Claimant and write in respect of the Defendant’s Application dated 19/09/2023 to set the default Judgment dated 29/08/2023 aside.

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.

SUBMISSIONS REGARDING THE APPLICATION TO SET ASIDE THE JUDGMENT We highlight the following in respect of the Defendant’s Application: -

1. Court proceedings were correctly served at the Defendant’s last known address in accordance with CPR 6.9 and accordingly, service of the Claim Form was effective;

2. As a result of the Defendant’s failure to respond to the Claim Form, Judgment in default was granted and was sent to the same address that the Claim Form was sent to;

3. The Defendant has provided evidence that they were no longer residing in the United Kingdom at the time of the Claim Form being served, as such; the Defendant did not have the opportunity to file a response to the Claim;

4. It ought to be noted that DCB Legal conducted a trace on 02/06/2023 to ascertain the Defendant’s last known address of “xxxxxxxxxxxxxxxx”. A ‘Letter of Claim’ was then sent to the Defendant at this address on 05/06/2023. A copy of the ‘Letter of Claim’ has been attached;

5. The evidence provided by the Defendant shows that their Utility account was open until 31/07/2023, and that their mail redirection was in place from 27/07/2023. As the ‘Letter of Claim’ was issued on 05/06/2023, it is evident that the same was issued almost 2 months prior to the Defendant leaving the address at which it was served, yet the Defendant failed to respond or put DCB Legal on notice that they would be leaving the Country. It is respectfully submitted that the Claim was issued to the correct last known address in accordance with CPR 6.9 (3) on 04/08/2024, as neither the Claimant nor DCB Legal had any way of knowing that the Defendant would not be in receipt of the proceedings.

In view of the above, the Claimant does not oppose the Defendant’s Application to set aside the Judgment and requests that an Order be made as per the proposed Draft Order.

COSTS

In the event that the Defendant also seeks to recover the costs of making the Application to set the Judgment aside, it is respectfully submitted that the Claimant has not acted unreasonably and it is denied that the Defendant is entitled to the same. A trace was conducted to ensure that the Claim Form was served to the Defendant’s last known address pursuant to CPR 6.9 (3) – the Claimant has therefore followed the correct process. A ‘Letter of Claim’ was issued to the address of “xxxxxxxxxxxxxxxxx” during a time at which the Defendant has evidenced that they resided there, yet they did not inform the Claimant or the Claimant’s legal representative that they would be leaving the address, therefore; the Claimant had no reason to believe that the Defendant would not have received the Claim Form. Had the Defendant responded to the ‘Letter of Claim’ outlining that they were moving overseas, the Claim would not have been issued and costs for the same would not have been incurred.

Pursuant to CPR 27.14, the Defendant is not entitled to costs incurred where the matter has been allocated to the Small Claims Track. If the matter had proceeded, it is reasonable to assume that the Claim would have been allocated to the Small Claims Track, given the complexity and balance of the case.

We look forward to hearing from you further. Yours faithfully,

DCB Legal Ltd

neilflah

DCBxxxxxxxxxxx

xxxxxxxxxxx
xxxxxxxxxxxxxxxxx

Our Client: Highview Parking Limited PCN Ref(s): Please see overleaf. Amount Due: £170.00

Date: 05 June 2023 Our Reference: xxxxxxxxxx

LETTER OF CLAIM

RE:

We act for Highview Parking Limited and write in respect of an unpaid parking charge notice(s) (“PCN”). This is a formal Letter of Claim in accordance with the Pre-Action Protocol for Debt Claims.

Basis of Claim

The vehicle with registration number xxxxxx ("Vehicle") was parked on private land ("Land") managed by our Client. The signs displayed on the Land set out the Terms of parking (i.e. ”the Contract"). The Vehicle was parked in breach of the Terms and as such the Contract was accepted and a PCN(s) was issued. You are liable as the Keeper or Driver. The details of the PCN(s) can be found in the schedule at the bottom of this letter. Payment was due within 28 days of the PCN(s) being issued but remains outstanding.

The amount of the debt is £170.00 which includes the PCN(s) and debt recovery costs. If a claim is issued, further costs will be sought, together with accruing interest at 8% above base rate per annum pursuant to s69 of The County Courts Act 1984.

Next Steps

Within 30 days of the date of this letter, you should either make payment using one of the methods detailed overleaf or complete the Reply Form and financial statement. Failure to do so is likely to result in a claim being issued without further notice. Please visit www.dcblegal.co.uk/response to complete and submit the reply form and financial statement. You will also find an additional information sheet summarising your rights and responsibilities under the Pre-Action Protocol for Debt Claims.

Your attention is drawn to the Civil Procedure Rules 1998 and the Court's power to impose sanctions if you fail to pay or respond. Any such failure will be brought to the attention of the Court when considering costs. Any non-compliance with the Rules can increase liability for costs.

We suggest you deal with this as a matter of urgency to avoid a claim being issued. You may wish to seek independent legal advice from a Solicitor or other free money advice organisation.

If you would like a ‘dispute resolution call’ with our team, or a paper copy of the information sheet, reply form or financial statement, please call our office on 0203 838 7038.

Yours faithfully

DCB Legal

Coupon-mad

I will handle the telephone call myself if I feel I have a good chance of a win.

Good!

The Order probably gives you a deadline to confirm your phone number to be sure the court include you in the call, or if not,  just email DCB Legal, remind them that arranging the conference call is their burden (as stated in the Order at paragraph x) whether they are attending or not.  Give them your phone number and remind them it will be an international call (Poland, where you live permanently).

Copy in the local court hearings email.

That way, both have your phone number, are reminded you are in Poland and know that you wish to attend.

neilflah

Hi Coupon-mad,

but the DCB Legal have stated this in an email received today:

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. 

neilflah

Hi Coupon-mad,

but DCB Legal emailed the court and me this:

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. 

neilflah

they are stating that they are not arranging the call

Coupon-mad

So you know where to send your phone number then.

neilflah

Please can you spell out what is happening here.  If they are not arranging the call as instructed by the court, will the claim be thrown out and the set-aside granted?

Coupon-mad

No.  The hearing will happen. If they aren't arranging the call, the court will of course.  So you know who to send your phone number to.

neilflah

Phone number to the court, ok.  Do I need to provide any further to the court?

So I will represent myself (or possibly involve Contestor) and DCB Legal will be a no-show and rely on the court to make the phone call even though the court ordered the Claimant to arrange the phone call for all parties.  

DCB Legal are claiming the claim form was issued to the correct address before I left the UK based on a date on their claim form letter.  I have no proof that it did not arrive in the post before I departed the UK, but it definitely did not.  I received it as redirected mail in Poland.  Where is this likely to leave me?