DCB Legal Court Date March Resident

Johnersh

Don't lose sight of the date for any updating defence. That still needs to be done unless/until the DJ gives you what you're asking for.

Colonizemars

To Judge Cohen (I’ll change this to ,To whom it may concern)

I hope this email finds you well. (Will delete this)

I have received an amended POC from DCB Legal and have noticed that they are in breach of the requests you outlined for claim xxxxxxx

I have highlighted what I believe these breaches to be below 

1. DCB Legal have not included the contract attached to the POC. There are no copies of the Claimant's sign (the alleged contract with the driver) only a Nuffield Health sign referring to a 'fine' but no images of any sign with t&cs and no obligations or agreement to pay parking charges to the claimant.
2. They claimed that there were 5 windscreen PCNS but have only included images of 4 dates - 03.08.2020, 06.07.2020,05.08.2020, 21/08/2021
3. They have said the contract was “mutually extended” when it is dated 2015.

Colonizemars

So does this work?

Coupon-mad

Look again at Johnersh's point 3.  ONLY refer to the breach(es) of the unless Order.

You need to refer to the Order by date, quote it. Then state that the Claimant is in breach of an 'unless' Order, so the Claim is struck out after 12th June and you seek confirmation from the court.

Johnersh

As @Coupon-mad says. If you're going to do it, make it easy for the DJ to see the issue. Spell it out.

You're a week on, so watch the defence and get the letter off.

Mikeh2001

@Colonizemars I think you just need to say something simple like:

In the order dated xxx you instructed claimant [quote the part of the order they didn't comply with ] unless the claim would be struck out.

To date the claimant  [insert what they did to not comply with i.e. didn't provide the contract]

I therefore invite you to strike out this claim.

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Not legally trained but hope it helps.  

Coupon-mad

I don't think you should "invite" the court to strike it out. That's giving a Judge discretion.

By virtue of the 'unless' Order, the Claim IS struck out after 12th June. 

Colonizemars

Turns out there was no need to send an email. I was going to do it this week as I’ve been really unwell. Opened the post this morning to this 

over the moon 

1 claim struck out completely 

two more to go 🥹

(Image removed by Forum Team)

Coupon-mad

Marvellous!  Congrats!

ANOTHER ONE BITES THE DUST!

I like the way your photo almost looks like you are sticking 2 fingers up to them!

@Le_Kirk  can now add that underneath the earlier Unless Order in his 'judgments' link we use as a resource for most cases.

  

Colonizemars

Coupon-mad said:

Marvellous!  Congrats!

ANOTHER ONE BITES THE DUST!

I like the way your photo almost looks like you are sticking 2 fingers up to them!

@Le_Kirk  can now add that underneath the earlier Unless Order in his 'judgments' link we use as a resource for most cases.

  

I actually was 😂😂 - will keep you updated on the other two but no doubt they should get thrown out too considering it’s for the same building