Parking Fine - Letter of Claim!

victor56

So i got the email regarding mediation call today and they totally ignored the dates I said I couldn't do and said this at the top:

The dates to avoid which you provided on your Directions Questionnaire have been noted but they exceed the deadline we have to arrange a mediation appointment.  We are unable to hold on to cases for significant periods of time. Your case has therefore been assigned the above appointment.

I am away on holiday on the day they have scheduled the call for.  I have requested they move the date to before I go away instead, but if they say no... where do I stand?

Thanks

Coupon-mad

Nominate someone trustworthy to take the call and say "no offer, goodbye".  Very simple!

victor56

Got my "notice of transfer of proceedings" through today, I read on the sticky that DCB legal would normally have given up by now!  But not in this instance!

LDast

victor56 said:

Got my "notice of transfer of proceedings" through today, I read on the sticky that DCB legal would normally have given up by now!  But not in this instance!

Not yet. Hold your nerve. They will give up just before they have to pay the trial fee which is around a month before the hearing date. The case is only being transferred to your local county court and a hearing date won't be assigned until the case management judge has had a chance to look at it. You could be waiting many months, especially if your local county court is a very busy one.

Coupon-mad

victor56 said:

Got my "notice of transfer of proceedings" through today, I read on the sticky that DCB legal would normally have given up by now!  

Where does it say that?

No...

victor56

Ok cool Thanks!

victor56

Received my notice of allocation to the small claims hearing today for April 23rd, and within an hour I received an email from DCB legal offering me £100 off the fine if I want to settle now.

In regards to the documents for the court to consider and witness statements etc, I have read through the sticky but.... as far as I am concerned this didn't happen and they have provided me with no proof it did when I asked for an SAR...

I understand I need to send this 

Copy of beavis case
Photos of small signs / print

But for the witness statement.... I'm stuck because one. it was ages ago and two. it didn't happen, so should what should I say, I assume I can't just put ohhh it didn't happen... they are making it up.

It was on a retail park and I would have paid cash for what I bought whilst there so no proof of purchase or receipts etc...

So should I just say I was shopping and I didn't leave the retail site whilst my car was parked there...

Thanks

Fruitcake

You deny that the driver breached the parking contract (the Ts and Cs) displayed on the signs. If you know the driver didn't leave site, then say so, and put the claimant to strict proof that the contrary is true. 

Coupon-mad

Have a look at the format of the WS by @Harry77  which shows what a less templatey one looks like.

Yours needs to deny leaving the site. What did your defence paragraph 3 say in the end? We never saw it.

And check your junk emails (daily) before you spend time on your WS! We expect DCB Legal to fold.

victor56

Happy to confirm they have dropped the court case!

Thanks for all your help!