Letter Of Claim - DCB Legal LTD

KeithP

What is the Issue Date on your Claim Form?

AGuyWithACar

nopcns said:

Just use the plain vanilla template defence. Your edited bit should not go into any great detail. You are answering the allegation in the PoC that you breached a term that states "No parking out of hours". That is all.

You will state that no contract could be formed as the signs were not obvious nor prominent enough to bring the conditions to the notice of the motorist. The rest of the template covers everything else you need.

DCB Legal will eventually discontinue. Just follow the 12 point checklist.

Thank you very much for the help. I will most likely post my point 3 (the edited part) here, just to confirm the wording, before I send it. But what you have stated sounds great, thank you again.

AGuyWithACar

KeithP said:

What is the Issue Date on your Claim Form?

Issue date is 26th April.
The form states the the day of service is taken as 5 days after the issue date, and that I must respond within 14 days from the date of service. I can see why they give you the extra 5 days.

KeithP

AGuyWithACar said:

KeithP said:

What is the Issue Date on your Claim Form?

Issue date is 26th April.
The form states the the day of service is taken as 5 days after the issue date, and that I must respond within 14 days from the date of service. I can see why they give you the extra 5 days.

With a Claim Issue Date of 26th April, you have until Wednesday 15th May to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 29th May 2024 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

Can you get a photo or several of the signs and lack of entrance sign / whole corners and rows of spaces with no signs, at that retail park?

Tip:
The spaces nearest to the stores almost never have signs. Get some damning evidence for later (it doesn't go with the defence).

 

Get ONE close-up of a t&cs sign inside the site.  I bet it DOESN'T have words capable of creating a contract around the supposed term 'no parking out of hours' (which isn't a contractual offer at all, so makes no sense).

While you are there, look at the welcome 'plinth' with the store names emblazoned on it. At the bottom of that entrance totem sign, there is usually the agent's name and contact details. I am not talking about the PPC's own sign.

AGuyWithACar

Thanks both for the replies.

I will try to get there one weekend in the near future to get some pictures. I can see plenty of areas on google maps where there is no signage.

AGuyWithACar

After a month, I thought i'd give an update. The acknowledge of service was done fairly quickly, and defence filed by the middle of the month. A week ago I received the expected email from DCB Legal, informing me that they are planning on proceeding (with threats of court), and giving me their directions questionaire.

Following step 7 and 8 of the "template defence" post (I assume by "file it", it just means to ignore and keep hold of the email), I have not filled out their questionaire and instead I am waiting on the CCBC questionaire (which I believe could be months until it turns up).

AGuyWithACar

I got my Directions Questionaire (N180) through the post today (quicker than expected, but good to get it out the way). I was going to fill out the online (pdf) version, so that it is more easily emailed. But I realised the online version, since the 22nd May 2024 has changed.

Section A1 is now not optional, and mediation is now mandatory for any claims below £10,000. Not sure where or who best to notify so that the guide is updated.

The form I was sent was the old one, and included the option to opt out (which is recommended in the newbies guide). So I will be filling this one out instead, and copying it onto my computer to email it (as I hadnt downloaded the old one before it changed).

KeithP

AGuyWithACar said:

The form I was sent was the old one, and included the option to opt out (which is recommended in the newbies guide). So I will be filling this one out instead, and copying it onto my computer to email it (as I hadnt downloaded the old one before it changed).

That's exactly the way to go.

Coupon-mad

AGuyWithACar said:

I got my Directions Questionaire (N180) through the post today (quicker than expected, but good to get it out the way). I was going to fill out the online (pdf) version, so that it is more easily emailed. But I realised the online version, since the 22nd May 2024 has changed.

Section A1 is now not optional, and mediation is now mandatory for any claims below £10,000. Not sure where or who best to notify so that the guide is updated.

The form I was sent was the old one, and included the option to opt out (which is recommended in the newbies guide). So I will be filling this one out instead, and copying it onto my computer to email it (as I hadnt downloaded the old one before it changed).

Yes we know. As discussed on other threads!