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Does the court trial fee being paid mean DCBL are going all the way

oping you can help.

I have just called the local court to query if a discontinuance has taken place and was advised that the court fees have already been paid.

Does this mean DCBL are going all the way?

Comments

  • Coupon-mad
    Coupon-mad Posts: 131,555 Forumite
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    edited 14 March at 2:36PM
    No.

    Have you done your WS?  Deadline for that?

    Is it a claim for multi PCNs?

    What defence did you put in?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Ninja48
    Ninja48 Posts: 4 Newbie
    Name Dropper First Post
    Thanks for coming back to me. It is a singular PCN

    Witness statement deadline is this coming Monday 19th March. Currently finalising the WS.

    Defence

    1.The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. It is denied that any conduct by the driver gave rise to a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) had agreement from the Defendant to pay the PCN(s) within 28 days.

    The facts as known to the Defendant:

    2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied. 

    3 This alleged breach of contract took place December 2022 whilst the defendant was purchasing items at XXXX

    4. The claimant has failed to provide adequate particulars of their claim. The particulars of claim are entirely inadequate and fail to provide any detail of the contractual terms relied upon, the specifics of any alleged breach of contract, or how the purported damages arose

    5. The facts in this defence come from the Defendant's own evidence, knowledge and honest belief.  The Defendant should not be criticised for using some pre-written wording from a reliable source.  The Claimant is urged not to patronise the Defendant with (ironically template) unfounded accusations of not understanding their defence.

    Lack of good faith, fairness or transparency and misleading business practices

    6. This claim inflates the total charges in a clear attempt at double recovery. The Defendant trusts that the presiding Judge will recognise this wholly unreasonable conduct as a gross abuse of process. It was held in the Supreme Court in Beavis (where £85 was claimed, and no more) that a private parking charge already includes a very significant and high percentage in profit and more than covers the costs of running an automated regime of template letters. Thus, there can be no 'costs' to pile on top of any parking charge claim.

    8. In addition to the alleged original penalty, the Claimants have artificially inflated the value of the Claim by adding purported legal costs of £50, which have not actually been incurred by the Claimant. NEW GENERATION PARKING have not expended any such sum in this case, given that they have a Legal Team with salaried in-house Solicitors and this firm whose main business is supposed to be parking 'management' as a service provision, files tens of thousands of similar 'cut & paste' robo-claims per annum.

    9.The added 'legal' cost is in fact an artificially invented figure, which represents a cynical attempt to circumvent the Small Claims costs rules and achieve double recovery. According to Ladak v DRC Locums UKEAT/0488/13/LA, a Claimant can only recover the direct and provable costs of the time spent by legally qualified staff on actually preparing the claim and/or the cost of obtaining advice for that specific claim, in a legal capacity.

    10. The defendant denies the claim in its entirety voiding any liability to the claimant for all amounts claimed due to the aforementioned reasons. The Court is invited to dismiss the Claim, and to allow such Defendant's costs as are permissible under Civil Procedure Rule 27.14.


  • Coupon-mad
    Coupon-mad Posts: 131,555 Forumite
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    edited 14 March at 2:55PM
    That's quite an old defence.  We haven't used Ladak v Locums for about 5 years!

    And none of this is true except the first phrase:

    "NEW GENERATION PARKING have not expended any such sum in this case, given that they have a Legal Team with salaried in-house Solicitors and this firm whose main business is supposed to be parking 'management' as a service provision, files tens of thousands of similar 'cut & paste' robo-claims per annum."

    NGP have no in-house legals. Never mind.

    Base your WS on the ones seen in the NEWBIES thread which are up to date re the DLUHC Code, etc.

    Tell us when DCB discontinue next week!


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Ninja48
    Ninja48 Posts: 4 Newbie
    Name Dropper First Post
    Thanks @Coupon-mad do you have a link? I cant seem to find it
  • Coupon-mad
    Coupon-mad Posts: 131,555 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 14 March at 3:44PM
    You have a direct breadcrumb trail link back to page one on every page.

    You don't need a link to an Announcement thread.  See my signature below.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 37,614 Forumite
    Name Dropper First Post First Anniversary
    Ninja48 said:
    Witness statement deadline is this coming Monday 19th March. 
    Monday is 18th March, or to put it another way, Tuesday is 19th March.   ;)
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