ECP DCB Legal court claim

Mattallicawolf

Thank you for the reply, and I am completely on board with going the whole hog but my wife is struggling with anxiety about it 

Is it likely that if we filled in the N9B they would reject if we offered a small sum ? 

Gr1pr

At this early stage I don't believe that they would settle for anything less than £200 , or the full amount 

They might accept it as partial payment and want the rest, not what anyone wants

Your partner should trust the advice being freely given on here, no compromise, but what you propose should be done at the mediation stage, if at all ( we say offer £0 but it's your choice. )

Stop trying to side step the basics, it doesn't work 

Mattallicawolf

Really appreciate the advice 

Last question for now....we don't really have a defence if not receiving the letter is not suitable...am I winging it based on the templates?

Le_Kirk

You use the template defence to defend against the Particulars of Claim (have you shown us the POC)? In your OP you state you were confused about which car park you paid for or actually drove into. There's a defence right thereabout inadequate signage.

Coupon-mad

Mattallicawolf said:

Is it likely that if we filled in the N9B they would reject if we offered a small sum ? 

Please stop. Stop!

Do not fill in any forms.

Do not let your wife pay it, either.

Do not make an offer.

Do not make a partial admission.

If you do that you lose and you get no opportunity to win the case.  Why?!

Come on. I'm trying hard but I don't understand the dilemma.  There isn't one...

There won't be a CCJ risked.
It won't go 'the whole hog'.
There won't be a hearing.
There won't be any money to pay.
DCB Legal will discontinue it next year.

If this is in your wife's name then she defends and it is sooooo very easy. But take the Mediation phone call for her. You know, the one where you offer nothing (she can nominate you to take that phone call).

If the claim is in your name you just defend. Just email the defence as per all our advice and DCB Legal will discontinue in 2025.

Mattallicawolf

This sign is directly outside the carpark and the arrow even points to the car park (or could be perceived as that which is what I did) is this adequate enough if it did go to court? 

Mattallicawolf

Coupon-mad said:

Mattallicawolf said:

Is it likely that if we filled in the N9B they would reject if we offered a small sum ? 

Please stop. Stop!

Do not fill in any forms.

Do not let your wife pay it, either.

Do not make an offer.

Do not make a partial admission.

If you do that you lose and you get no opportunity to win the case.  Why?!

Come on. I'm trying hard but I don't understand the dilemma.  There isn't one...

There won't be a CCJ risked.
It won't go 'the whole hog'.
There won't be a hearing.
There won't be any money to pay.
DCB Legal will discontinue it next year.

If this is in your wife's name then she defends and it is sooooo very easy. But take the Mediation phone call for her. You know, the one where you offer nothing (she can nominate you to take that phone call).

If the claim is in your name you just defend. Just email the defence as per all our advice and DCB Legal will discontinue in 2025.

The honest answer to this is pure panic about potential rising costs, we have never had to do anything like this before

Gr1pr

What rising costs. ? 

A typical loss in civil court for a single PCN is around £212 in total. ( Costs etc are capped in the small claims court. )

Court is a long way off with several stages in between

Mattallicawolf

Gr1pr said:

What rising costs. ? 

A typical loss in civil court for a single PCN is around £212 in total. ( Costs etc are capped in the small claims court. )

I appreciate my questions are probably annoying but I have never come across any of this before 

If my wife was unfortunate enough to have to go to court and it not be discontinued , is that £212 flat or additional to the £292 they have put on this letter?

The annoying thing about this whole situation is that I was the driver but my wife was getting picked up from the station! She is the registered keeper of the vehicle and I am on the insurance , does that make a difference at all in the defence?

Gr1pr

A judge will decide the figure, typically the £292 MINUS all the spurious costs they added, like the Debt collectors "fee" and the interest, its instead of the full amount, not additional to the claim amount 

The average ( typical) figure comes out at around £212 in total, should she fight and lose at the end 

You haven't shared a picture of those figures on that claim form 

She could have named the driver at any point up until a court claim is issued 

Too late once a court claim is issued, apart from there may be a case of no keeper liability, the insurance aspect is irrelevant