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Small Claims Track Allocation - DCB Legal/Parking Eye

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Comments

  • Gr1pr
    Gr1pr Posts: 11,609 Forumite
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    edited 13 November 2025 at 1:17PM
    Depends on what the dates are on the court order 

    If the hearing fee deadline pre-dates the WS plus Exhibits bundle deadline,  then it's crunch time for the claimant 

    If its to be allocated later,  TBA later, then the WS bundle time deadline is before the court allocate a date 

    If its papers only,  like Manchester,  then it's whatever the court order says 

    The earlier they discontinue,  especially before any hearing fee is due,  the chances of obtaining costs diminishes,  but if its within days of the hearing date,  the better the chances of obtaining costs 

    It can also depend on if the hearing fee is paid,  or not


    My advice to you is to study Your court order closely, dont assume that they are all the same, because some judges and courts are getting wise to the bulk litigators and changing them
  • Gr1pr said:
    Depends on what the dates are on the court order 

    If the hearing fee deadline pre-dates the WS plus Exhibits bundle deadline,  then it's crunch time for the claimant 

    If its to be allocated later,  TBA later, then the WS bundle time deadline is before the court allocate a date 

    If its papers only,  like Manchester,  then it's whatever the court order says 

    The earlier they discontinue,  especially before any hearing fee is due,  the chances of obtaining costs diminishes,  but if its within days of the hearing date,  the better the chances of obtaining costs 

    It can also depend on if the hearing fee is paid,  or not


    My advice to you is to study Your court order closely, dont assume that they are all the same, because some judges and courts are getting wise to the bulk litigators and changing them
    Ah. That's a lot clearer now. Thank you!

    In my case,

    WS & Evidence deadline: 18th of NOV
    Court Fee deadline: 6th of JAN
    Hearing Date: 3rd of FEB

    Am I correct in assuming that a discontinuance in my case will likely come much later, and I should still be preparing to submit my WS & Evidence?


  • Gr1pr
    Gr1pr Posts: 11,609 Forumite
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    edited 13 November 2025 at 2:00PM
    Yes, correct,  comply with the court order,  because your WS bundle date predates the fee date

    Check with the court after 6th Jan to see if they actually paid the hearing fee 

    In your case the court is expecting them to either put up or shut up,  to either present the WS bundle,  or withdraw,  a tack that is getting more common 
  • The day has finally arrived! 

    Another one bites the dust!

    @Umkomaas

    One question I have though. The court order/hearing was issued by the CC in Clerkenwell & Shoreditch, but it seems DCB LEGAL has issued the notice of discontuance to Barnet CC. Is this a problem?


  • Coupon-mad
    Coupon-mad Posts: 158,063 Forumite
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    Congrats!

    I would forward that email to the hearing court and ask them to confirm the hearing is vacated.

    ANOTHER ONE BITES THE DUST!

    Calling @Umkomaas
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Umkomaas
    Umkomaas Posts: 44,090 Forumite
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    Thank you @The_J_Londoner for the copy of your NoD. I can now get this counted in the DCBL Legal thread of shame. 👍 

    In regard to your question above - I don’t have a specific answer, but a suggestion might be to either call the original court, or to email them with a scan of the NoD attached and ask them if you need to take any further action?
    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.

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