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DCB Legal/Euro Car Parks Waterfront - Question about Defence

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  • WrathMage
    WrathMage Posts: 13 Forumite
    Tenth Anniversary 10 Posts Photogenic Name Dropper
    Well we had our court mandated mediation call today. DCB Legal offered £285 via the mediator, we laughed and offered them £10, they countered at £185 straight off and we said no thank you, see you in court.

    The only thing that I have had wrong all this time is that they are saying we overstayed, rather than didn't pay. Not sure that this makes a difference, but I want to make sure we don't make a mess of our witness statement. In terms of Particular of Claim, is theirs compliant with CPR 16.4(1)(a)?



    Thanks once again for the ongoing help
  • Coupon-mad
    Coupon-mad Posts: 151,906 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 23 January at 5:09PM
    You could argue non-compliance with the CPRs and PD16 in your WS, and say you only discovered they are apparently alleging 'overstay' at Mediation stage but it was as clear as mud in the POC. This is astounding, and must be deemed 'unreasonable conduct in litigation', given that the supposed issue was from 5 years ago, yet they only shed a chink of light on the allegation in 2025.

    It was also COVID lockdown time so that can feature in your WS too.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • WrathMage
    WrathMage Posts: 13 Forumite
    Tenth Anniversary 10 Posts Photogenic Name Dropper
    You could argue non-compliance with the CPRs and PD16 in your WS, and say you only discovered they are apparently alleging 'overstay' at Mediation stage but it was as clear as mud in the POC. This us astounding, and must be deemed 'unreasonable conduct in litigation', given that the supposed issue was from 5 years ago, yet they only shed a chink of light on the allegation in 2025.

    It was also COVID lockdown time so that can feature in your WS too.

    Thanks @C@Coupon-mad, really appreciate the help. We will make sure to include that in our WS. Let's see if they discontinue!
  • WrathMage
    WrathMage Posts: 13 Forumite
    Tenth Anniversary 10 Posts Photogenic Name Dropper
    Just a quick update. Today, 2 weeks after DCB Legal offered to settle for £100, and 7 days before the deadline to pay the court costs at our local magistrates to proceed, DCB Legal have discontinued the litigation! Chalk another one up there, and massive thanks @Coupon-madfor the help and support.
  • Coupon-mad
    Coupon-mad Posts: 151,906 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 22 March at 4:09AM
    WrathMage said:
    Just a quick update. Today, 2 weeks after DCB Legal offered to settle for £100, and 7 days before the deadline to pay the court costs at our local magistrates to proceed, DCB Legal have discontinued the litigation! Chalk another one up there, and massive thanks @Coupon-madfor the help and support.
    Yay! Congrats! You won. It's over.

    ANOTHER ONE BITES THE DUST!

    But I'm sure you want to help @Umkomaas get to 500 on his discontinuances thread? At the moment we can't count your win and I hope you want to stand up and be counted?

    Please post an image of the NoD (not the email body) here or in the 'Disco' thread.

    You'll be no.500 if you do it quickly!

     :) 
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad
    Coupon-mad Posts: 151,906 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yay - calling @Umkomaas

     :D 
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 43,370 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    One more to add to this shameful pile of ....!  Off to the DCB Legal Discontinuation thread of shame.  Well done @WrathMage. 👍
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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