dcb legal letter, threating court action, parking fine related to euro car parks.

KeithP

sclg244 said:

It says issue Date16 Sept 2024

With a Claim Issue Date of 16th September, you have until Monday 7th October to file an Acknowledgment of Service.  Do not file an Acknowledgment of Service before 21st September, but otherwise 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 Monday 21st October 2024 to file a 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'.

sclg244

Thank you, Kieth, I will get on with it and send it back. I read someplace I don't have to complete the personal income section within the forms. Is this correct, or do I have to complete it?

Coupon-mad

Please read what the NEWBIES thread says.  You will get it all once you've read it.

You won't have to go to court because DCB Legal will discontinue this claim in 2025.

These are so easy to defend.

sclg244

Update: my case has progressed with DCB Legal now pursuing court action against me after they sent a copy of their filed N180 Directions questionnaire to the court. They've indicated the following without proposing a hearing:

D1: Do you believe this claim is suitable for resolution without a hearing, meaning a judge would review the case documents, witness statements, and other filed materials, and then decide with reasons for that decision?  

**Response**: Yes.

Should I also respond with "yes" to avoid a court appearance and let the judge decide, or would it be better for me to have my day in court? I would greatly appreciate any advice and wondering if its normal to to have a hearing first before going to court.

Any advice on how much the court costs will increase in either scenario?

Gr1pr

You should be following the 12 steps in the template defence thread, around step 6 or 7 , have you given up with those steps, ?  They are there to help you 

You are waiting for the CNBC to post yours, so has it arrived yet. ?

If it has, you follow the advice in post 2 in the newbies sticky thread, as well as in the template defence thread, in downloading yours and filling it in

The total claimed is on your claim form, you have not revealed it, but if you lost in court the total is likely to be less, typically £212 for a single PCN 

Coupon-mad

sclg244 said:

Update: my case has progressed with DCB Legal now pursuing court action against me after they sent a copy of their filed N180 Directions questionnaire to the court. They've indicated the following without proposing a hearing:

D1: Do you believe this claim is suitable for resolution without a hearing, meaning a judge would review the case documents, witness statements, and other filed materials, and then decide with reasons for that decision?  

**Response**: Yes.

Should I also respond with "yes" to avoid a court appearance 

No.  You'd lose.

Please read what the NEWBIES thread says.  You will get it all once you've read it.  Every DQ question is more than adequately covered.

Car1980

No, because they'd be no point in them discontinuing (which is a 99% probability) if you agreed to avoid a hearing.

sclg244

Thanks so much for all the help so far, it’s been really appreciated. I’ve now received the N180 questionnaire and would be grateful for clarification on a couple of points:

- The form asks for my personal phone number for mediation purposes and says I need to send a full copy of the N180 to the Civil Business Centre and all other parties. Does this include the claimant? I’m concerned about sharing my contact number with them. Essentially, do I need to send a copy of the entire completed N180 to every party, including DCB Legal? (Giving them my contact number is a concern)?

- For Section D, regarding suitability for determination without a hearing, I’ve selected "NO." Could you advise on the best reasons to include in the "why" box below? I just want to make sure I don’t make any mistakes.

I’m nearing the end of the process and want to ensure everything is done correctly in these final stages, so I really appreciate any guidance you can provide.

Many thanks in advance.

Gr1pr

You share a working personal phone number for the mediation call with the mediation service and also with DCB legal, only

You can use any suitable phone number you have access to, even if its a hardly used "burner" phone number, or "burner" phone 

Could even be a virtual SIM phone number if your phone is modern enough 

Don't place obstacles there when easy workarounds are possible ( I use a 2 SIM Samsung A20 phone with a contract SIM and a burner SIM card.  The latter is used for when I dont want to give out my personal private phone number  )

Ditto with email addresses, I would never give out my private personal email address to third parties, so have spam alternatives 

That why box is covered in a link in the newbies sticky thread in announcements, just copy and paste the text that KeithP approved 

These are not the final stages, the real game changer is in the second half when dealing with your local court, so these are the warm up stages

sclg244

Thank you very much.
I can't find the one you mentioned but came across this?

Would this be suitable?

N180 D1 response

I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all these years of intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing.  

I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions. 

Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.