DCBL / Claim Form guidance

1505grandad

TheTig said:

1505grandad said:

Para 3  -  "The claimant has failed to respond. Paragraph 3 is denied. The defendant cannot confirm or deny that they were the driver of the vehicle without seeing the issued PC(s)"

Do you want to state the above when at the end of para 2 you admit being the driver?  -  perhaps state "Registered Keeper" in para 2 instead of driver?

Thank you - I actually changed this from registered keeper to driver but will change back now as I have no recollection of seeing the PC(s) 

"The defendant cannot confirm whether they overstayed the maximum time allowed by the said terms and conditions as the defendant is unaware of the alleged entry time, exit time or said terms and conditions. "

Perhaps then also remove the above in para 3.

TheTig

Hi all,

I have received the email below today; I'm assuming that I wait for the questionnaire in the post? Also, am I supposed to call for meditation? I wasn't quite sure why I'm the one calling and not them?

Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.

 

Coupon-mad

This is all covered in the 8 steps already.

  

TheTig

Will take a look ...

TheTig

Hi all,

Just an update on this. So I completed mediation a few weeks ago - the total fine now amounts to £509 and they were willing to reduce it to £410. I said no.

I did raise I'm pretty sure letters were being sent to the wrong address however they maintain they were using the address from the DVLA. The mediator did say I can submit a SAR request to see when the address was updated.

I also enquired why all attempts at communication were ignored over the summer - I tried to call and email - but apparently whoever was representing the company couldn't explain why.

I also raised the excessive letters - apparently each letter is charged at £8-£9 …

I've now had a letter 'Notice of Transfer of Proceedings' - the case has been transferred to my local court. So now I just wait for a date I'm assuming?

Gr1pr

Definitely not a fine, just an amount they say is outstanding and unpaid, an alleged debt total

Wait for the court order from your local civil court to arrive in the post in due course

TheTig

Hi all,

So I have my 'Notice of Allocation to the Small Claims Track (hearing)' which is going to be held two months time at my local County Court.

Are there any posts that I need to read to prepare for this?

It seems like a lot of claims are going to court as I know two other people whose claims have been assigned to their local courts also.

Gr1pr

Study the 2nd post in the newbies sticky thread in announcements near the top of the forum

Check what the 3 deadline dates are

Almost every claim gets transferred to the local court, its all part of the standard case progression, but that doesn't mean that a hearing is inevitable

I would be extremely surprised if cases DIDN'T get as far as a civil court dealing with a court claim, because that is their job

Coupon-mad

"It seems like a lot of claims are going to court as I know two other people whose claims have been assigned to their local courts also. "

But none of them are "going to court". Everyone gets to this stage, then Observices DCB Legal claims are discontinued before they have to pay the hearing fee.

Nothing has changed. Nobody is going to court.

TheTig

https://forums.moneysavingexpert.com/discussion/comment/81996170#Comment_81996170

I guess I am a little apprehensive as I was following a thread on here (Casper82 I think it was) and it did end up in court and the judge sided with the parking firm.