DCB Legal Letter of Claim query

almostthere1984

Hi there, I'm helping my mum deal with this case from the 11th August 2021. They received a letter of claim form giving 30 days etc, I read through the newbies post and it says not to reply using the online form but to email which I've done, however reading through other posts it seems most of the time they disregard this and proceed anyway. When I go to the reply form on their website which they provided a link to, it doesn't ask anything about finances, just a straight forward response form. Should I use that as well?

And finally, if it does go to the next stage, out of interest my mum went to pay at the machine at the airport pub in manchester, it wasn't working, they went into the pub and forget to pay for the ticket. They did try appealing to the landlord who wasn't interested, and they even (against my advice) made an offer to smart parking for a nominal amount who obviously disregarded it. What are the valid arguments she could use for her defence? If it's too soon for me to ask this then I apologise, and will ask later if it moves to the next stage. Thanks!

Gr1pr

Email is fine, job done

That pub is a notorious pcn site 

Too early for the defence itself,  but if you read a dozen recent Smart Parking DCB Legal cases over the last 8 weeks,  her defence will be almost identical to the recent approved defences, especially against those 2 adversaries,  so similar to this one

https://forums.moneysavingexpert.com/discussion/6627228/letter-from-hm-courts-with-n1sdt-form#latest

The claim will be discontinued next year,  near the hearing fee deadline date,  so maybe in 6 months time 

almostthere1984

So I actually got a response to my email to them following their letter of claim. Do I just wait now for the court claim forms to come through?

Dear......

We write to acknowledge safe receipt of your formal response to our Letter of Claim sent to you in respect of this matter.

Having considered your response, our position in respect of this matter remains as per our Letter of Claim. We note that despite your points of dispute, there is an absence of any evidence in support of the same so that we may consider this with our Client. If you do have evidence which you believe supports your dispute, please furnish us with the same within the 30 days afforded to you.

As it stands, the initial 30 day timeframe under the Pre-Action Protocol remains, and County Court proceedings will be issued following expiry of this 30 day period, without any further reference to you.

We strongly recommend that you contact a member of our dispute resolution team on 0203 838 7038, as a matter of urgency so we may discuss this matter with you and avoid a Claim being issued against you.

If you are at all unsure of your legal position, you may wish to seek independent legal advice

Coupon-mad

Search the forum for a sentence from their replies instead of posting them.

You'll see why!