DCB Legal VCS claim

Car1980

Yeah, it depends on the court. Small claims can be in massive crown court-esque rooms, back room cupboards and anything in between.

PolePosition2

Hi Experts,

Just to clarify, The Notice of Allocation to the Small Claims Track (Hearing) that I've just received gives a warning at the start saying that the claim will be struck out unless the trial fee is paid on time.

Silly question.....I assume that me being the Defendant I don't pay the trial fee and that is the responsibility of the Claimant, is that correct?

Also, although the trial fee has yet to be paid the hearing date has already been set even though for this to happen the Claimant has to pay the trial fee on time.

So, has the Claimant officially made a claim for a hearing at this stage or is it only when they pay the trial fee?

Cheers

Paul

Gr1pr

Yes, thats correct,  unless you issued a counter claim 

The hearing date is pencilled in,  but dependant on the instructions in the court order being met,  especially payment of the hearing fee by the claimant or their lawyers 

The only claim they made was the money claim via MCOL,  everything else is dependent on the justice system process,  and compliance by all parties 

PolePosition2

They're trying their hardest. Just received another communication this time not a computerised telephone call but an official email "without prejudice" offering to reduce the £261.92 to £185. This is the third time they've offered this amount, one via computerised telephone call, once via mediation call and now again via email.

What part of no do they not understand.

Why would I at this stage go and pay £185

There is little incentive at this stage for me to not go to the wire having put in so much time and effect and stress.

I will have my day in court and if I lose then I lose but will walk out the court having given them a run for their money.

My request to play video footage has been put before a judge, having emailed the court earlier today for approval.

I will set my stall out as best I can and hope the judge agrees in my defence.

Coupon-mad

Standard email before discontinuing!

And i see that you started the Public Consultation and saved it in August. If you didn't finish it, take another look at the thread as the deadline has been extended and we've added guidance info for almost every question

PolePosition2

Coupon-mad said:

And i see that you started the Public Consultation and saved it in August. If you didn't finish it, take another look at the thread as the deadline has been extended and we've added guidance info for almost every question

Yes Coupon I noticed the other day it has been extended. 
I will complete it and use the advice links as a guide.

Thanks for reminding me.

PolePosition2

Response from the court....“Permission to rely upon Dashcam footage but not YouTube and video at this stage. Application for permission may be released before the Trial Judge. However, Defendant must provide his own equipment to enable the footage to be viewed in the hearing room. The court does not have the facilities to do so, the equipment referred to by the Defendant is available only in the crown court.”

Coupon-mad

Yep you take your laptop & charger and a couple of exact match USB sticks, so the claimant's rep can also view the footage independently on their laptop.

PolePosition2

I was thinking more like a small LCD monitor that I have, and HDI cable and laptop so I can play the dash cam and video via the 13" monitor to both the judge and Claimant.

I will of course have back up compatible USB sticks if they request these instead.

PolePosition2

Today the 16th Sept is the Claimants deadline for paying the Court Trial Fee of £27. no later than 4pm or the claim will be "struck out"

Both parties have until 30th September (14 days prior to the hearing date) to deliver to the other party and to the court WS and any documents (copies) on which each party intends to rely on at the hearing by the 30th September 2025.

If the Claimant fails to pay the hearing fee today by 4pm how will I get to know?

Would it be updated on MCOL ?

The forum suggests,

"It's a good idea to wait until you receive the Claimant's WS and then you can pull it apart/respond in yours, but DO NOT miss the deadline on the Hearing Order to get it emailed to the local court (NOT THE CNBC) and the C's litigation team or law firm."

Don't want to leave it too late waiting for the claimants WS in case they file it close to  or on the deadline.

I calculate I have 14days from today to file my WS to the court and Claimant.so not long to gather all the documents and exhibits I intend to rely on.

Getting nervous!!!