DCB Legal response to LoC rebuttal.

Coupon-mad

richnixsea said:

I haven't received a court claim yet, should I respond to this at all?

Yes!

You've seen the style of how to address them so you can write the next email yourself. Have some fun.

You don't need us to write this stuff for you but tell them to talk to a grown up who understands that once the driver's details are known then keeper liability is extinguished.


...(and don't post emails that contain names on a forum!)

Absolutely appalling considering the awful circumstances.

Totally agree. I'm using this case as evidence for the MHCLG.

richnixsea

I have drafted a reply as follows:-

I reply to your correspondence of the 17/2/25.
I have informed you of the drivers name, in case there is any confusion I state once again, I was not the driver on the date in question, it was in fact my late brother
XXXXXXX (address below.)

I appreciate your desperation in finding a victim for your barely legal bullying tactics, on the balance of probabilities it will not be me.

As to the laughable offer proposed, I have fulfilled my obligations under the PoFA Schedule 4, which imposes no deadline except that this must be done before
legal action commences.Legal action has not 'commenced' at pre-action stage.

This means that your client cannot legally pursue me now that they know the driver's name and address where his executor can be reasonably contacted.
Any further actions on your part will be rigorously defended, and any incurred costs sought.

richnixsea

Any additions or remarks on the above?

Coupon-mad

I'd change ' on the balance of probabilities' to the word 'but' so it reads more naturally.

Taiko

I'd have been tempted to say along the lines of:

"Having named the driver prior to legal action commencing, compliance with POFA 2012 has been fully met. Should you wish to contact them further, you can purchase the following Ouija Board from Amazon at a very reasonable price. 

https://amzn.eu/d/2s94zXZ

If you would prefer an option that is less challenging on your reading and comprehension skills, Google suggests there are numerous clairvoyants located within a 5 mile radius of your offices, most of which will cost you much less than the representative you are likely to send to a hearing, assuming you don't discontinue first. With either option, I would recommend using that time to question more capable members of the legal profession who are now longer with us. After all, with the United Kingdom Government's aim of achieving net zero, it would be of great national benefit to be able to harness the power of them spinning in their graves." 

richnixsea

Another reply, I'm a little bemused by this one.

Coupon-mad

LOL! Prepare to reply as Executor confirming the address is serviceable and that the deceased person was known by the family to be the only driver of that car in that month.  However, the executors of the estate of the driver won't be paying unproven 'debts' pursued by parking 'scammers'.

richnixsea

@Coupon-mad ,

I responded to the above, quoting you almost verbatim.

I have now received from HMC&TS a claim form, they (DCBLegal) have ignored the fact that I was not the driver, and the claim is served to me.

I understand that I should reply with an AOS requesting 28 days for preparation of defence.

I will go and read the defence template, and try to prepare for the next stage.

Regards Steve.

Castle

Please post up a copy of the POC-redacted as necessary.

richnixsea

@Castle

Here is PoC:-

I hope it is what you are looking for.

Regards Steve