Can Driver have CC Claim transferred to them instead of Registered Keeper?

consumer0130

An update on this case and a couple questions I am hoping someone can shed some light on.

A letter dated 26 Feb - Notice of Transfer of Proceedings, that the claim has been transferred to a County Court Hearing Centre for allocation.  I've checked the money claim online account and that is the last update listed, so presumably they are still in the process of allocating a hearing date.

Q - I also noted in the MCO that they say DQ was filed 26/02.  However, the DQ was emailed to CCBCAQ on 16/02.  Does it matter that the date listed in MCO is 10 days later? The 26th would have been outside the time window of 7 days from the service of the Order (Order dated 07/02).  Do they not count the date it was submitted as the date it was filed? I'm wondering if the date discrepancy matters as a point of error which can be used in the Defendant's favour? It seems a minor point I know minor points can matter in terms of legalities.

Q - In order to resolve the case at this stage and avoid proceeding any further to a hearing, is there a chance of agreeing a settlement amount with DCB legal, or would the entire amount now need to be paid? I am asking because the RK likely needs the matter resolved now. I know the recommendation is to push all the way to hearing and wait for DCB legal to blink, but that is not my decision and if the RK requests it, I will pay in order to resolve this at this juncture.  Just wanting to see if there's still a shot I could pay any less than the stupid amount they're asking, of if any chance of settling for a lesser amount with them has now passed until the Hearing.

Also, if it must be paid in full, how would I pay? Would I contact DCB legal directly? Or the court?

Thank you in advance to anyone who is able to advise.

KeithP

consumer0130 said:

A letter dated 26 Feb - Notice of Transfer of Proceedings, that the claim has been transferred to a County Court Hearing Centre for allocation.  I've checked the money claim online account and that is the last update listed, so presumably they are still in the process of allocating a hearing date.

The MCOL Claim History is solely a tool used by the CNBC.
Once a case is transferred from the CNBC to a hearing court the MCOL Claim History serves no further purpose.
You might want to get the Defendant to contact the hearing court and ask them when he can expect a hearing date. 

consumer0130 said:

Q - I also noted in the MCO that they say DQ was filed 26/02.  However, the DQ was emailed to CCBCAQ on 16/02.  Does it matter that the date listed in MCO is 10 days later?

That's not an issue. If that were ever to become a problem you will be able to wave the email receipt that was received at the time showing that the DQ was filed in a timely manner.

consumer0130 said:

Q - In order to resolve the case at this stage and avoid proceeding any further to a hearing, is there a chance of agreeing a settlement amount with DCB legal, or would the entire amount now need to be paid? I am asking because the RK likely needs the matter resolved now. I know the recommendation is to push all the way to hearing and wait for DCB legal to blink, but that is not my decision and if the RK requests it, I will pay in order to resolve this at this juncture.  Just wanting to see if there's still a shot I could pay any less than the stupid amount they're asking, of if any chance of settling for a lesser amount with them has now passed until the Hearing.

I suggest you re-read this whole thread. You seem to have forgotten all that was said last year.

Did you even bother to follow the link given you on 23 September 2023 at 1:49PM?

Here it is again...
DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

That thread shows that there is almost a guaranteed discontinuation around the corner - provided you follow the script and get a Witness Statement and evidence filed at the appropriate time.

consumer0130

KeithP said:

I suggest you re-read this whole thread. You have clearly forgotten all that was said last year.

Did you even bother to follow the link given you on 23 September 2023 at 1:49PM?

Here it is again...
DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

That thread clearly shows that that there is almost a guaranteed discontinuation around the corner - provided you follow the script and get a Witness Statement and evidence filed at the appropriate time.

That is a bit harsh. I have categorically not forgotten everything I have read and all that was said.  I couldn't possibly guess at the hours I have spent researching this forum, reading dozens upon dozens of different threads, setting bookmarks and making notes over the past several months, while also dealing with some very distressing personal circumstances. I have read through the DCB legal record of discontinuations several times, and just read again the latest postings so I am clear it is highly likely they would discontinue.

I have spent many hours trying my best to fight this and do the right thing, but at the end of the day I am not the RK, it is not my name on the line and it is not my decision how to proceed. It doesn't matter how likely DCB Legal are to discontinue. I've managed to persuade the RK to fight for the past several months but they are no longer willing to do so and I will respect their decision. Ultimately, the right thing now to stop the claim from proceeding further, at the request of the RK.  

This forum is there to help people fight, but it should also be there to help them when they are no longer able to fight. Not everyone has the time or energy to do so and for some it reaches a point where it becomes necessary to pay, even for something unjust and to complete shysters.

All I am asking is how I would go about seeking to settle or stop this from proceeding further.  Do I have to engage with Secure A Space? DCB Legal? The court?  Is it even possible?

I'd great appreciate anyone who knows how I would go about this.

Coupon-mad

But why do that, before they'd discontinue?

Wait until it's past the date when the WS and hearing fee are due. Do the WS as normal (really easy statement).

If it appears to be still going ahead a week before the hearing THEN make an offer (if the D really wants).

What will actually happen is that they'll discontinue by then.

nopcns

But the defendant will receive either a phone call or text or letter from DCB Legal just before any hearing date with an offer to settle for slightly less than the claim amount. That is the preamble to their discontinuation.

They are hoping that their victim is low-hanging fruit on the gullible tree and will jump at the chance to fund their scam. You/your ex, are free to throw away good money and fund the scammers, marking yourselves as complete "mugs" and ripe for future extortion by accepting their "offer".

100% of victims who follow the advice, based on much experience, and ignore/refuse the settlement offer end up with their usernames in lights in the DCB Legal Discontinuations thread. I'm assuming that you will offer to pay your ex the amount he agrees to settle at. As long as you don't mind funding a scam, therefore becoming a part of the problem, and can afford to do so, so be it.

Not following all the advice and time you spent on research up to this point is the real sad issue here. No one who comes here for advice, especially for a claim issued by DCB Legal, ever pays. You are about to become the first one. Such a pity.