Rang DCB legal before I read the Newbies thread about £170 PCN - am I doomed?

greensmoke85

I've moved it. That wording is in 3.3 in the second sentence. I realised after I sent my comment at 7.40pm that I had repeated myself a bit and said 'in para 7' rather than 'in para 8' so I tidied up 3.2 and 3.3 and resent. 

I emailed my original defence to ClaimResponses.CNBC@justice.gov.uk. Is this the same email I send the updated defence to or do I need to file it directly with the local court? It's unclear on the letter. 

greensmoke85

Sorry - another question (maybe a silly one, apols). Do I send them a clean version or do I file with strikethrough and red text where there are additions?

greensmoke85

I have to file by 4pm tomorrow so if you @Coupon-mad or others are able to help, that would be greatly appreciated. 

My outstanding q's are:
1. Do I file amended defence with strikethrough and red text, or do I just send a clean version? 
2. Do I send the amended defence to the same email address (ClaimResponses.CNBC@justice.gov.uk), or do I need to send directly to the local court?

Here is the final amended defence, with strikethrough of what I'm removing and red text of what I'm adding (para 6 onwards is template in full, haven't included here).

Coupon-mad

greensmoke85 said:

Sorry - another question (maybe a silly one, apols). Do I send them a clean version or do I file with strikethrough and red text where there are additions?

You send the court a freshly signed & dated one with all new points in red text and strikethroughs. We wouldn't have told you to do that otherwise, it wasn't for our benefit!

The CNBC is not a court. Clearly that admin centre is just a gateway and is NOT involved.

greensmoke85

Hi all, I have my court date and deadline to provide witness statement. As recommended I am going to try to hold out until DCB send me theirs so I can directly respond. In the meantime, I'm pulling together evidence. 

My main piece of evidence is the hotel booking/receipt to show that my husband was a paying guest at the hotel. 

I also have email correspondence with the hotel CEO where they offered to pay off the case for me, but then changed their mind because it had gone to the next stage where it was more expensive. Do you think this is worth including? Although they offered to settle the case, they also made the point about registering the reg plate that is on their website (though as I reiterated, my husband checked with reception staff and they didn't advise him to do this). 

Finally, I didn't hear about this until DCB legal stage because it happened when my logbook was addressed to the wrong address. Should I include evidence to show that, or is that less relevant at this stage? 

greensmoke85

Sorry - another q. They've just offered me a settlement fee of £60 and in the email it states that if I lose in court, a CCJ would be granted against me. Would this only be if I don't pay whatever the fee is in time, or would I get one anyway just from losing? 

Do you guys have any stats on how many people lose in court with these cases? My worry is that the judge will take their side because the vehicle reg wasn't added to their registration system (despite the parking being legitimate) 

I know this is part of their tactics, but wondering if it is better to just settle this now rather than risk losing in court. 

Gr1pr

It won't get to court,  because they won't pay the £27 hearing fee,  as seen in the 740 or more cases in the thread by Umkomaas 

No fee, no hearing,  hearing vacated,  end of story 

What date is the hearing fee deadline date. ?  Mut be close now 

Coupon-mad

Finally, I didn't hear about this until DCB legal stage because it happened when my logbook was addressed to the wrong address. Should I include evidence to show that, or is that less relevant at this stage?

Irrelevant now.

There won't be a hearing and you won't lose. None of the terms in the Amended Particulars
Para 8 were breached, were they?

If we are wrong and there is a hearing in the end, that's your main defence right there.

But we aren't wrong. They are about to discontinue!

greensmoke85

Thanks both. They have to pay court fee by 27/01 and we have to get witness statement and evidence in by 15/01. 

In their latest email they say:
Despite this, we have been instructed to attempt to settle the case with you so that the matter can be brought to an early conclusion and in order that you may avoid a County Court Judgment (CCJ) being granted against you, should the Court award this in our Client's favour.  They are therefore willing to settle the case at this stage for a reduced sum of £60.00.

Is it true that if I lose I automatically get a CCJ? If so, will it be written off if I pay it within the 30 days or will it stay on my record for six years (this is what they are claiming later in the email). 

Jame4ters

You will not get a CCJ automatically unless it goes to court; you lose; you don’t pay within a month all of which won’t happen