Draft Defence DCBL & Dates

mtrolley123

Have you seen anything like this below? I was also thinking, if they were unable to accept payment to formulate the contract. I.e they couldn't accept my payment over SMS as per the screen shot and I tried to call them twice but it rang out (but I don't have proof). They how can their be a contract if they couldn't accept payment? Does this stand any ground if I end up going to court? 

Coupon-mad

Wait for the court's directions now. Yes Excel never let it lie. They are aggressive litigants and you should expect a hearing.

More urgently, please read this message and prepare to join us to do the Public Consultation once we've discussed it in August.

It's vital the Government hears from Defendants threatened by court. Tell your story. Shoehorn it in somewhere, maybe in answer to why cases go to court (q13 or 14):

https://forums.moneysavingexpert.com/discussion/comment/81552148/#Comment_81552148

Please bookmark the main thread linked in that link.

Come back in August to take part.

We need to drown out the 'alternative facts' from the parking industry and their relatives posing as ordinary motorist consumers.

mtrolley123

Hi, 

I’m looking for some advice.

A hearing has been listed for 20 October at 10am. I never received a Notice of Hearing in the post and the first I knew about it was when DCB Legal sent me their witness statement, which referred to that date.

I called the court to confirm, and then emailed them asking for an adjournment because I will be out of the country for compulsory work training in Latvia from 20 to 23 October. This trip was arranged after I filed my Directions Questionnaire. I have already emailed the court a copy of my flight booking as evidence.

The court replied that I need to apply on Form N244 and pay the relevant fee, unless I can get the Claimant’s consent (in which case it’s free if done at least 14 days before the hearing).

I emailed DCB Legal for consent but have been ignored. I plan to send a chaser (see below).

Worth noting: in their own witness statement (para. 34 of the conclusion), the Claimant says they may not attend in person and may instead rely on an advocate or CPR 27.9.

So it looks like unless they consent, I’ll have to pay £313 to apply for an adjournment — which is more than the £258 they are claiming. I would then ask the court to order DCB/Excel to reimburse me under CPR 27.14(2)(g) for unreasonable conduct (since they ignored my consent requests).

My questions:

• Am I basically stuck with paying the £313 unless they agree?

• Does anyone have experience of DCB Legal actually consenting in these situations?

• If I pay the £313 and they then discontinue, can I still ask for that money back?

• What are my chances of recovering the fee if the court agrees they’ve been unreasonable?

Here’s the chaser email I’m planning to send:

---

Draft Email

Dear DCB Legal,

Further to my email of 11 September 2025, I have not received a reply regarding my request to adjourn the hearing listed for 20 October 2025.

As explained, I am required to be overseas on that date for compulsory work training, and I have already provided the court with my flight booking as evidence.

I have asked for your consent to a short adjournment, with the matter to be relisted on the first available date after 24 October 2025.

I note that in the Claimant’s own witness statement (para. 34, conclusion), it is stated that the Claimant may not attend in person and may instead rely on an advocate or CPR 27.9. This reinforces that there is no prejudice to the Claimant if the hearing is adjourned, whereas I would be wholly unable to attend if it proceeds on 20 October.

Please confirm by Thursday 25 September at 5:00pm whether you consent. If I do not hear from you, I will proceed with a formal N244 application and will state within that application that I sought your consent twice but you failed to respond. I will also invite the court to consider whether your lack of engagement amounts to unreasonable conduct under CPR 27.14(2)(g) when deciding how to deal with the costs of the application.

Kind regards,

Coupon-mad

If this is Excel there might be a hearing rather than a discontinuance, but you have done it right. I think DCB Legal will consent by the end of the month.

Do not pay a fee.

mtrolley123

Thanks for your feedback, so im guessing it's fine to send the chaser email to DCB legal?

I'll see what happens with the reply, but I'm guessing until I hear back I can't file my N244 asking for an adjournment without a reply or paying the fee?

mtrolley123

Today, they've agreed to an adjournment. 

Coupon-mad

Good news! Now make sure you tell the court ALL DATES in the next 6 months where you would be unavailable for a hearing. They won't ask you first.

mtrolley123

Hi, I have until 2PM tomorrow to "confirm service on the Claimant a copy of the evidence the Defendant intends to rely upon" otherwise my defence will be struckout.
 
Could I check, is this just emailing my witness statement (as below) and evidence to the Court and to DCBL ? As I never got the original court date letter,

This is my witness statement, any advice on whether I should change anything?

Also, ive just taken a screen recording calling the same number to pay as I did nearly a year ago (still going up with an error) , how do I submit this, is it enough just to state I have it and take it to court? This is my evididnece MT4.

Their reply to defence was submitted earlier in the thread.

Any advice? Thanks 

 

How do I submit MT5 ?

 

1505grandad

"3.     Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 13/10/2024" (the date of the alleged visit)."

Just checking  -  the above seems to be the Defence you filed  -  however in the WS you state the visit was 12/10/2024?

Coupon-mad

Good WS!

I think you should add to para 29 that the Claim Form was signed by Sarah Ensall who is not authorised to conduct litigation.