Dcb Legal - Incorrect money claim Issued

ryecowley

Hi, Received a "Fine" from these cowboys and with one thing and another didn't have time to defend it, besides which I was parked Incorrectly (not in a bay but not blocking anybody or thing) so probably slim chance of defending it.

This dragged on until the final letter, giving me 30 days to pay, which I did, on time, via their website and payment system, my bank statements confirm this so I have proof

Now it gets interesting, received a court letter yesterday claiming the full amount plus interest and costs, payment was made on the 23d, claim was issued on the 28th so I've already submitted defence online stating as much and I hope I'm correct in thinking that it will get thrown out once facts have been established?

assuming my thoughts are correct I know dcb will lose whatever they have paid to start the claim so serves them right, anything else I can do to make their lives harder? can I go against them for anything? false claim? or is it just not worth the hassle?

Gr1pr

You probably don't have a cause of action for retaliation,  plus it costs at least £35 to issue a court claim,  so I think that you are reacting badly to the situation you are in 

I also doubt that the case will be thrown out, or struck out, not based on the account so far , but they might discontinue.   If they find the full payment on their system 

I suggest that you concentrate on fighting the court claim itself,  so post the name of the parking company,  the name of the lawyers,  whom i assume to be DCB Legal,  and post a copy of the defence 

If you had wanted to counter claim based on having already paid in full, it should have been done when you submitted your defence and payment made to the CNBC in Northampton  (  £35  ) 

Car1980

You wouldn't have had to defend anything because their business model is to make as many claims as possible and then simply discontinue them. So a clip round the ear for you for actually paying them.

I'd email them, tell them you've paid and that they were daft to rush into a claim. Tell them to discontinue immediately or you will make a fresh claim for costs against them.

ryecowley

Car1980 said:

You wouldn't have had to defend anything because their business model is to make as many claims as possible and then simply discontinue them. So a clip round the ear for you for actually paying them.

I'd email them, tell them you've paid and that they were daft to rush into a claim. Tell them to discontinue immediately or you will make a fresh claim for costs against them.

surely once the claim is issued I have to respond to the court which means either paying up or defending it as I have? 

I know I have let the side down by actually paying them but with a lot of other things in life happening at the time I really didn't have the time or inclination to fight it, normally I would

Gr1pr

But because you have defended against all of the claim, you are a Litigant in Person so are acting for yourself,  whereas the claimant is not,  they employed a legal company 

Therefore you should do what Car1980 suggested and make them aware that you expect a discontinuation ASAP,  due to already making payment   , meaning that you correspond with the opposition,  but assuming that your defence indicated that it was paid in full, maybe they will discontinue anyway   ?

Focusing on revenge tactics appears to be clouding your judgment,  whereas you should be trying to work it out and save the courts time and money dealing with 2 warring factions

Car1980

ryecowley said:

Car1980 said:

You wouldn't have had to defend anything because their business model is to make as many claims as possible and then simply discontinue them. So a clip round the ear for you for actually paying them.

I'd email them, tell them you've paid and that they were daft to rush into a claim. Tell them to discontinue immediately or you will make a fresh claim for costs against them.

surely once the claim is issued I have to respond to the court which means either paying up or defending it as I have? 

I know I have let the side down by actually paying them but with a lot of other things in life happening at the time I really didn't have the time or inclination to fight it, normally I would

Sorry, I wasn't clear. Yes you have to defend the claim, but it doesn't matter whether you have a legitimate defence because they'll discontinue. So the notion of "I was in the wrong therefore I have no defence" is moot.