Defence and Alleged Breach

Gr1pr

Its a progress report, so wait for the next stage from the court that you nominated , better than being kept in the dark, surely. ?

Having to face them in court is not a given, they have not even paid the court fee yet, nor completed the WS stage, no deadlines have been set and no hearing date given, not any instructions to the pair of you 

All its done is left the CNBC in Northampton and arriving or already arrived at Cambridge court, where it will be looked at sometime in the future when it bubbles to the surface at a time that they look at it, so its in the massive queue, in the backlog 

So wait for the court order to arrive in the post, ( could be a long wait. ) all standard stuff 

DTP93

Ahh ok gotcha. Just the next step of the process. Good to know, thanks everyone.

DTP93

I've now had the letter "Notice of allocation to the small claims track (hearing)". They set a hearing date for Sep 6th.

I assume this is the expected next step? I need to do a witness statement now? Is this thread still relevant and up to date for the statement - https://forums.moneysavingexpert.com/discussion/6335916/claim-form-from-uk-parking-control-ltd/p7

It says all copies of documents the party intends to rely on must be delivered to the other party by august 23rd. What am I meant to send and to whom? My witness statement sent to DCB?

Also are we still expecting DCB to pull out right at the last min? 

Coupon-mad

See the second post of the NEWBIES thread for what to do next and 5 examples of WS, plus an a-f list of typical exhibits to attach.

DTP93

Coupon-mad said:

See the second post of the NEWBIES thread for what to do next and 5 examples of WS, plus an a-f list of typical exhibits to attach.

Two things I'm still confused about:

1. where do I get exhibits of evidence? I didn't take any pics of the signage or anything. My case was that the machine didn't work when I tried to pay, I told staff at the hotel, they said try the morning I leave, didn't work again, so I just left. 

2. What is BPA and IPC? I don't know how I find out which relates to my case. 

Sorry if this is all covered somewhere and elementary stuff.

Gr1pr

Post 5 in the newbies sticky thread in announcements has details on acronyms and initialisms 

2). The BPA and IPC are the 2 trade bodies, you can easily Google them , parking companies subscribe to one of them 

LDast

So, the allocating judge didn’t bother to read the long defence and simply allocated a date for a hearing. Has the judge actually read the defence, assuming the Chan argument was prominent and at the forefront of the defence, they could have acted.

Whilst this will be discontinued before the trial fee is paid, as long as the defendant doesn’t flinch from the required steps, had the short defence been used, the allocating judge would have had a nice short defence and attached order and could have simply ordered PE through the intellectually malnourished DCB Legal to submit full detailed PoC which would expose them to their breach of the rules and been struck out with no need to worry about producing a WS that’s never going to be needed. 

I’m just trying to highlight that the long defence, even with Chan included, is ignored by many judges. Had it been read, it would be obvious that CPR 16.4(1)(a)) has not been complied with as that is the sole point of the short defence… the PoC cannot be defended. 

DTP93

LDast said:

So, the allocating judge didn’t bother to read the long defence and simply allocated a date for a hearing. Has the judge actually read the defence, assuming the Chan argument was prominent and at the forefront of the defence, they could have acted.

Whilst this will be discontinued before the trial fee is paid, as long as the defendant doesn’t flinch from the required steps, had the short defence been used, the allocating judge would have had a nice short defence and attached order and could have simply ordered PE through the intellectually malnourished DCB Legal to submit full detailed PoC which would expose them to their breach of the rules and been struck out with no need to worry about producing a WS that’s never going to be needed. 

I’m just trying to highlight that the long defence, even with Chan included, is ignored by many judges. Had it been read, it would be obvious that CPR 16.4(1)(a)) has not been complied with as that is the sole point of the short defence… the PoC cannot be defended. 

My letter says a judge "considered the statements of case and directions questionnaire" so I dunno if that means my defence was read or not. It then just outlines all the details about the hearing etc. 

The Chan defence is right at the top and prominent in my defence.

LDast

The judge could have simply considered that this is the long “internet” defence that they’ve seen many times before and simply assigned a date for the hearing. We don’t know for sure. 

As explained, this will never get to a hearing because the modus operandi of DCB Legal is to stop shaking the gullible tree once they have to pay the trial fee and move on to easier pickings. 

There would be a good chance of some satisfying Schadenfreude if they’d been ordered to fully comply with an order. 

PE would never have passed this to DCB Legal if they thought it had a chance of succeeding in court. 

DTP93

So DCB just phoned me offering a settlement! Obviously I told them no thanks we'll continue the court process. Have they just blinked? 

Edit: they also emailed me just now with -

"We write to you in relation to the above matter.

To assist the Court in achieving its overriding objective, our Client may be prepared to settle this case. I can confirm our Client would be agreeable to £170.00 in full and final settlement of this Claim. The current outstanding balance is £278.40.

Should you be agreeable to this offer, please confirm the same within 7 days. Payment can be made via our website www.dcblegal.co.uk, by calling our office on 0203 838 7038 or via bank transfer:"

Is it worth me replying to confirm I've turned down this offer just now over the phone? Just so they know I'm actively replying to the email address they've emailed me on, so they know they can email me if they choose to discontinue. Or just ignore it and wait?