DCB Legal Proceedings stalled

unwrittenkitten

Hi all! @Umkomaas @Coupon-mad I have an ongoing case. I filed the Defence and the Court has now said that because DCB failed to respond within 28 days to confirm the matter is proceeding, the matter is stayed. Its up to DCB if they want to apply to lift the stay or leave the matter open indefinitely.  I have the option to apply for strike out. Would you recommend doing this (I know there's a fee) and seeking costs for unreasonable conduct? Or just wait? 

Thanks in advance!

ChirpyChicken

No this is common just wait

Coupon-mad

I have the option to apply for strike out. Would you recommend doing this (I know there's a fee).

'Option'...Aren't you misreading the Order? You don't want to apply to set aside that order if that's what you mean by option!

Is this Smart Parking or MET? If so, show us the POC because there are three online complaints to make to agencies with clout, about the fact these POC mislead the court and the defendants (in those PPC cases).

unwrittenkitten

Thanks both!

No by option I meant either leaving it to be stayed indefinitely or the Court assistant said I could apply for a strike out, because there's been no response (not to set aside this order).

It's with ECP. I don't seem to be able to take a picture but POC say "D is pursued as driver (not admitted) for breach of terms on the signs (contract). Reason: no valid pay and display permit was purchased."

No contract wording was ever received, I still have the ticket but the number plate was not printed.

Thanks!

Gr1pr

Probably a faulty machine,  typical, like many other cases we see 

ECP and DCB Legal wont pursue it to a hearing,  so I wouldn't worry about it,  come back to this thread if anything happens,  definitely do not pay a penny, to anyone 

Coupon-mad

unwrittenkitten said:

Thanks both!

No by option I meant either leaving it to be stayed indefinitely or the Court assistant said I could apply for a strike out, because there's been no response (not to set aside this order).

It's with ECP. I don't seem to be able to take a picture but POC say "D is pursued as driver (not admitted) for breach of terms on the signs (contract). Reason: no valid pay and display permit was purchased."

No contract wording was ever received, I still have the ticket but the number plate was not printed.

Thanks!

I would leave it stayed but send an email now to the court and DCB Legal stating that because a stayed case is 'indefinite' you wish for this email to be placed on file and the following statement must be read by the judge:

The Defendant's address for service cannot reasonably be assumed to be valid forever. Thus, should the Claimants apply for the stay to be lifted they and the CNBC must cc in this email to fairly alert the Defendant, in accordance with the Overriding Objective. Additionally, if this happens after 2025 then - in accordance with the Code of Practice and pursuant to the authority in VCS v Carr [2025] EWCA Civ 713 which criticised VCS for failing to trace the Defendant and their claim was struck out as well as the CCJ set aside - the Claimants must carry out a soft trace to check the Defendant's address before applying to lift the stay. In other words, the Defendant's current address is not current indefinitely.