Dcb legal trying to reinstate my case

Anashrek

Hi, In November, a month before we were supposed to go to court, dcb legal and excel failed to pay the court fees so my case was struck out. I’ve just received an email from dcb legal saying they are applying to re instate their claim. Any advice would be gratefully received.

kindly,
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Coupon-mad

derekahall34 said:

Hi, In November, a month before we were supposed to go to court, dcb legal and excel failed to pay the court fees so my case was struck out. I’ve just received an email from dcb legal saying they are applying to re instate their claim. Any advice would be gratefully received.

Welcome!

Show us that letter AND show us the Hearing Order which stated the obligation they had to pay the court hearing fee.

Also read this thread which already has answers including from @Johnersh who is a solicitor:

https://forums.moneysavingexpert.com/discussion/6580876/the-ppc-didnt-pay-the-court-fees-before-the-deadline-do-they-have-a-second-chance

 

Anashrek

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I’ve just moved house so I’ll have to fish out the other info

Coupon-mad

Your moving house really complicates the issue because presumably the court and DCB only have your old address?

You need to kill three birds with one stone by:
 
(a) objecting to their application and attaching a copy of the supposedly 'unserved' Order which was clearly served to YOU, therefore it was (on the balance of probabilities) indeed served properly to both parties all along. If a 'roboclaim machine' legal representative mislaid/misfiled it with the tens of thousands of Orders they receive like confetti every year, this is their problem. 

An Unless Order to pay a court fee was fully expected by this court Super-user (DCB Legal) and they should not be indulged; they know they have to pay court fees and if they couldn't keep track of this one it is due to the astonishing abuse of the court system with over 100,000 boilerplate parking claims they churn out yearly, then routinely fail to attend hearings or (mostly) discontinue defended claims late.

Barton v Wright Hassall (Supreme Court authority) applies which confirms that all parties are required to comply with rules and Orders of the court; the Order was clearly posted because the D received it and under the Interpretations Act, it was also deemed delivered to the Claimant two working days after it was posted. There is no evidence that it was not so delivered;

(b) telling both DCB Legal and the local court about your new address for service and tell them to ERASE the old address so that it is not used in error;

(c) telling the court that this application has caused you extra hours of time to handle  just after moving house which has caused immense stress. You were entitled to believe the case had been struck out and indeed much of the paperwork is now no longer to hand after moving home, understandably, because the claim had ended. Hence the Court should be aware of the detriment caused to the Defendant and you are noting your costs and time wasted. If the case is resurrected you will be claiming full costs at the hearing.

Anashrek

Thank you both for this advice. I will contact them ASAP.

Coupon-mad

Anashrek said:

Thank you both for this advice. I will contact them ASAP.

Any news? They (court and DCB Legal) must use your new address only.  Also, if they are trying to set aside the Order, your case will be reinstated I expect so keep on top of it and check your old address weekly, just in case.

Also please show us the letters again but this time cover ALL data, all names, Claim number, etc.

Anashrek

Can’t believe this but the court have reinstated the case against me. This after dcb failed to pay the court fees 1st time and didn’t submit a witness statement. I followed all advice. Didn’t think the court would entertain these cowboys. Any advice would be very welcome.

Coupon-mad

Show us the Order or whatever has arrived.

Excel really hate letting cases go.

Back to basics:

What is your case actually about? Show us the POC and what was your defence?

Anashrek

It says I didn’t attend but I wasn’t asked to attend (Image removed by Forum Team)

fisherjim

I have reported your last post it has all the identifying details on it!

Car1980

Ho hum. Onwards and upwards.