MCOL for parking charges 5 years ago

Dane19

https://forums.moneysavingexpert.com/discussion/comment/81975088#Comment_81975088

Ok Thanks, but just for my info if they don't discontinue what wuld they present in court ?

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/81975143#Comment_81975143

You will still find that out if you receive their WS a few weeks before the hearing

Coupon-mad

If the deadline for WS has passed, email DCB Legal now, threatening costs if they fail to send the NoD to you by return.

Dane19

https://forums.moneysavingexpert.com/discussion/comment/81975260#Comment_81975260

I have emailed them, what I’m trying to understand is if the claimant fails to send on time or not send at all how does that affect the court case, can they still peruse the claim or can I ask for a dismissal. I was under the impression that not sending the ws is like saying sorry I don’t have any evidence.

Gr1pr

If they fail to send both parties the WS by the deadline set by the court, then you can request that the claim is struc out, dismissed , especially if your WS bundle is on time or early

If its late then you can ask the court to strike it out and request a dismissal

If they turned up with it on the day, without submitting it, the court wont allow it, an ambush is not allowed

An order is an order. !

If they fail to pay the hearing fee then the hearing is vacated , no payment equals no hearing

The court order explains all this, standard stuff

Car1980

https://forums.moneysavingexpert.com/discussion/comment/81975581#Comment_81975581

If they don't supply a witness statement the case still goes ahead, but they would almost certainly lose.

But these always get discontinued. Even if they were adamant they wanted to go to a hearing, it's from 2020. The onus is on them to provide evidence and they won't even possess a photo of the signage from that long ago.

Gr1pr

They never complied with POFA 2012 until last year, so as the non driving keeper defendant they have no case against YOU !

They are bound to discontinue because they have no case against YOU

There are currently about 830 discontinued cases in the thread by Umkomaas, yours will be added this year at some point near the hearing fee deadline, job done

Coupon-mad

Show us the NoD when it finally comes, attached to their reply to the email you just sent. We want to count your success in Umkomaas' thread!