ECP DCB Legal court claim then discontinuation.

KeithP

soba said:

Also, When I input a government gateway ID Whose do I use?

That of the named Defendant.

Coupon-mad

Have a look at the headings in the Template Defence. Everything must be done 'by' the Defendant in their name.

soba

Ok, thats the MCOL completed. I am working on the Defence. Parking was purchased via app on both occasions, Is it best to mention this in the defence? Is purchasing a ticket accepting the contract in place at the carpark? Both parking charges were issued due to overstaying on the carpark.

Below is a draft of section 3. of the defence template.

"The defendant was visiting a friend in Wrexham on both occasions and paid via phone app on both occasions. The signage at the retail park is difficult to see in poor lighting and weather and whilst driving into the car park from a busy roundabout. The defendant has tried to appeal the fines with the retail park management company but they said that they could not help on these occasions due to the delay in the defendant getting in contact. Euro Car Parks no longer control this particular car park and the new parking management company have now introduced a free 30 minute stay and an increased long stay option due to many customer complaints. If one reads the online reviews, Dominoes Pizza Takeaway customers were regularly fined for collecting pizza orders. The defendant has also been working and studying away from home so their mail can take a long time to reach them."

Thanks

Soba

Coupon-mad

There are no 'fines'. Wrong word.

soba

Another update:
The defence was submitted on the 10th September 2024. I had a paper reply today from the court (see attached)
I also received an email from DCBL quoted below.

"From: Morgan Falconer <Morgan@dcblegal.co.uk>

Date: Fri, 20 Sep 2024, 14:21
Subject: Our ref: ************
To: **********@gmail.com <**********@gmail.com>

Dear ************,

 

We write further to your recently filed Defence.

 

It is noted that you state payment was made for parking on the date the Parking Charge was issued.

 

In order for us to review the matter further, please provide sufficient evidence of payment made for parking on the date of the contravention.

 

Please ensure the above is provided within 7 days.

 

Should you be unsure of your position, you may wish to seek your own independent legal advice.

 

 

Kind Regards,  

 

Morgan Falconer

 

DCB Legal Ltd  

 

Tel: 0203 838 7038 | DX 23457 Runcorn

dcblegal.co.uk| Twitter| Linkedin | Facebook"

Should I (my son) contact Morgan with the proof of payment for parking, or not bother as on both occaisions the paid for time was exceeded by about 20 minutes iirc?

Thanks

Soba

Coupon-mad

Ignore DCB Legal.

Await his DQ and then his Mediation phone call.  Refuse to offer anything. Let it proceed.  All of this is covered in the first 12 steps of the Template Defence thread.

soba

We received a copy, via email, of the completed N180 form from DCB Legal on 15th of October. We are yet to receive our copy to fill in and return to the court. Does this form arrive directly from the court and if so, as I presume, is it via snail mail or Email?

Thanks

KeithP

soba said:

We received a copy, via email, of the completed N180 form from DCB Legal on 15th of October. We are yet to receive our copy to fill in and return to the court. Does this form arrive directly from the court and if so, as I presume, is it via snail mail or Email?

Thanks

In that checklist you were once following it does say that it will be 'a couple of months' after filing a Defence before a DQ from the court will appear.
It will arrive by post. Keep reading the guidance on how to complete it when it arrives.

soba

KeithP said:

soba said:

We received a copy, via email, of the completed N180 form from DCB Legal on 15th of October. We are yet to receive our copy to fill in and return to the court. Does this form arrive directly from the court and if so, as I presume, is it via snail mail or Email?

Thanks

In that checklist you were once following it does say that it will be 'a couple of months' after filing a Defence before a DQ from the court will appear.
It will arrive by post. Keep reading the guidance on how to complete it when it arrives.

Thanks for that update. Its coming up to 6 weeks since we filed the defence, I was getting worried that we had missed the form on the basis that DCB Legal had filled out theirs.

Thanks

KeithP

soba said:
Its coming up to 6 weeks since we filed the defence, I was getting worried that we had missed the form on the basis that DCB Legal had filled out theirs.

But you haven't abandoned that checklist, have you?

Item 7 on that checklist clearly states... 

7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire and the usual intimidating template letter saying they 'intend to proceed'. Nothing of interest there. Just file it.  YOU MAY HAVE TO WAIT TWO MONTHS OR SO FOR THE NEXT STEP TO HAPPEN:

Items 8, 9 and 10 on that list are also well worth another read.