DCB Legal £9,000 Smart Parking Claim – Need Help Fighting Back

ChirpyChicken

Mcol has detached itself from the government id. Its quite common 
So please follow my advice. You must do a help with fees application.  This has already been explained and it doesnt need to be re explained 
I ve already said ditch thr inadequate defence (it is not and has never been an appeal
So go back to my post and follow it please
Write a letter not an email to dcb legal as him with his current address with his prison number on it 

And the fee is the fee to ditch the irrelevant defence thats been logged and replace

So come back when you have done . You will in an n244 form. Do the help with fees first and use this forum to put a proprr defence in as him

When the claim is updated to the prison address you have no real worry

But the main thing is actually follow the advice ive already given 

Coupon-mad

Claim form needs removing from that post. Here's a redacted version:

ChirpyChicken

Give the sums involved there is another way round this
Now this depends on your income level and if you are able to re-mortgage (as you mentioned this) the house on your income as it is 
If you are , what you could do is get the house remortgaged on your own and get him removed from the deeds as part of the legal work involved when the conveyancing process is undertook
If that is possible then when hes off the mortgage and has no assets then all this debt can be wrapped up in a DRO
But thats just something to think about

OnePost

I would be applying to get this claim stricken out - and it's a near certain guarantee it will be.

Claiming for 53 PCNs without any attempt to elaborate is the ultimate defective POC.

Not to mention the breach being pleaded - Unauthorised parking ?? WTAF is that? 

ChirpyChicken

OnePost said:

I would be applying to get this claim stricken out - and it's a near certain guarantee it will be.

Claiming for 53 PCNs without any attempt to elaborate is the ultimate defective POC.

Not to mention the breach being pleaded - Unauthorised parking ?? WTAF is that? 

Sorry that simply isnt correct no guarantee it would be struck out at all.
The POC may well be defective but this isnt a simple situation 
D Is in prison . Now in prison he could attend a video hearing but everything is 10×  as difficult given D is a guest of HMP service 
See my above post (s) are the way to deal with 
Get the claim moved to the prison thats half the job done 
Or my latest post 

There are many ways to skin a cat in these situations you just have to think outside the box. Trust me there is more then one way of dealing claims even of this size

A4BZ

Hello all,

I will list my step by step action plan moving forward according to ChirpyChickens advice as well as Doubledotcom.

1. I am awaiting the court to officially send over the N181 directions questionnaire as I have only had this sent from DCB legal, pre filled out mostly themselves.   I will request small claims not fast track when this arrives prior to submitting. 

2. Shall I write to the DCB Legal myself or have my partner write to them in prison requesting the address change and obviously stating his prison number and details etc?  Within this letter I or my partner will also request clarity regarding COLP details to ensure the individual on the other end, in this case ‘Sarah Ensail’ is qualified to be litigating this process on behalf of DCB.
3. I assume I need to fill out the N244 form to request a new defence from ourselves to the court and one that would come directly in the post from my partner or from me (as him) and I will submit this alongside an EX160 to request assistance with fees due to our financial position or is the N244 for requesting an address change solely.  Can I submit this online instead of the post if it is coming from me on his behalf? 

I wanted to ask ChirpyChicken why the change of address to the prison would be ‘half the job done’?

When you state the fee related to ditching the irrelevant fee in regards to the previous ‘defence’ we filed, does this mean requesting that I (on behalf of my partner or posing as him) or my partner directly request to file a new defence entirely on this case? 

Apologies as I am just trying to wrap my head around this process and the guidance you have all provided.  Let me know if I have followed correctly and I/or he will get it sorted.

Thank you all

A4BZ

I forgot to add that at what point in this process should I request a mediation call.  Would this be after I submit the N181 directions questionnaire once the court sends this or at this point now?

Umkomaas

A4BZ said:

I forgot to add that at what point in this process should I request a mediation call.  Would this be after I submit the N181 directions questionnaire once the court sends this or at this point now?

A mediation call will be generated by the court system, not by you. You will receive a date and time in advance. 

ChirpyChicken

A4BZ said:

Hello all,

I will list my step by step action plan moving forward according to ChirpyChickens advice as well as Doubledotcom.

1. I am awaiting the court to officially send over the N181 directions questionnaire as I have only had this sent from DCB legal, pre filled out mostly themselves.   I will request small claims not fast track when this arrives prior to submitting. 

2. Shall I write to the DCB Legal myself or have my partner write to them in prison requesting the address change and obviously stating his prison number and details etc?  Within this letter I or my partner will also request clarity regarding COLP details to ensure the individual on the other end, in this case ‘Sarah Ensail’ is qualified to be litigating this process on behalf of DCB.
3. I assume I need to fill out the N244 form to request a new defence from ourselves to the court and one that would come directly in the post from my partner or from me (as him) and I will submit this alongside an EX160 to request assistance with fees due to our financial position or is the N244 for requesting an address change solely.  Can I submit this online instead of the post if it is coming from me on his behalf? 

I wanted to ask ChirpyChicken why the change of address to the prison would be ‘half the job done’?

When you state the fee related to ditching the irrelevant fee in regards to the previous ‘defence’ we filed, does this mean requesting that I (on behalf of my partner or posing as him) or my partner directly request to file a new defence entirely on this case? 

Apologies as I am just trying to wrap my head around this process and the guidance you have all provided.  Let me know if I have followed correctly and I/or he will get it sorted.

Thank you all

You should by now have already done the help with fees application, and you should really be in position now to submit the defence document along with the n244 application.  As explained a couple of times now you do the help with fees application online, just get it done
2.  Your partner needs to do this ASAP quoting the claim and case reference number

You can email all the documents with a electronic signature (As his)- the address must be the prison address with a covering letter giving the new address

Basically when the claim is all moved to the prison and addresses all updated there is literally nothing the claimant can do to enforce this.  

A4BZ

Ok apologies I am just trying to wrap my head around the correct process moving forward so I do not make a mistake nor does he on this.

i will get the EX160 form (help with fees) sorted and sent off asap and then file the N244 mentioning address change.

I do not understand what you mean by filing a new defence, I am unsure what new defence I would file that would be stronger than my last on his behalf as we was completely transparent with his incarceration and our current financial position as well as stating that we have moved multiple addresses over the last 4 years and do not recall receiving most of the initial PCNs etc.
Do you mind clarifying the defence part you mentioned please before I send the N244 off.