DCB Legal Court Claim (on behalf of Smart Parking)

skintandsad

This dates back to 2021 when my hubby was parked at Tottenham Hale.  He was working in one of the stores (he’s a decorator) and his vehicle registration was registered with the centre management for extended overnight parking.  Despite this, he received a fine.
We have been backwards and forwards with communications between us, Smart Parking and now DCBL for years until they decided to take us to court.  

We were more than happy to go to court as we have very strong evidence that he was permitted to be there and Smart Parking were ignoring all pleas from us, centre management and the store to drop it.  This has been exhausting!
We decided to counterclaim, as, if we go to court we want our loss of earnings paid and want Smart Parking to pay our court costs for the counterclaim.
Now DCBL have asked us to drop the case and they will, in return (without prejudice) drop theirs!
BUT I think that means we lose our court fee cost for the counterclaim meaning we will still be out of pocket.

Am I being silly for not accepting their “offer”?  

This has been a nightmare!  I want it over but I also think they should have to attend court and explain themselves!

Their email offer:
————————————

WITHOUT PREJUDICE SAVE AS TO COSTS

 

We write in relation to the above matter.  

 

Upon review of the matter and in the interest of assisting the Court in achieving its overriding objective, our Client is agreeable to withdrawing their Claim on the condition that you withdraw your Counterclaim. 

 

Should you be agreeable, you may wish to email the Court at (redacted) with an email similar to the below:  

    

'Dear Sirs,    

    

I, the Defendant, email the Court in relation to Claim  (redacted)

I am writing to formally withdraw my Counterclaim against the Claimant'   

 

We kindly request that you (redacted) into the email for our records.       

 

Upon confirmation of your withdrawal we will proceed to inform the Court that the matter has been settled and no further action would be taken.       

We look forward to hearing from you.   

Gr1pr

You could have asked the court for costs,  with no counter claim,  so we would have told you not to make a counter claim without having a valid legal reason for doing so

If they are discontinuing,  which they usually do, then to keep going YOU ( or actually whoever is the defendant   ) would have to pay the £27 hearing fee,  with no guarantees about getting the 2 fees back, so you might win but might not get back the £60, especially if the counter claim is struck out regardless 

Car1980

Come back with a counter-offer for them to pay your £35.

But state that you know full well they were going to discontinue and if they refuse you will happily pay the £27 hearing fee to go all the way to a hearing. Play hard ball.

Is the claim form signed by Sarah Ensall? If so, also state that you are minded to go all the way so that you can argue that the claim is invalid due to Mazur & Orr v Charles Russell Speechlys LLP due to her filing the claim.

skintandsad

Car1980 said:

Come back with a counter-offer for them to pay your £35.

But state that you know full well they were going to discontinue and if they refuse you will happily pay the £27 hearing fee to go all the way to a hearing. Play hard ball.

Is the claim form signed by Sarah Ensall? If so, also state that you are minded to go all the way so that you can argue that the claim is invalid due to Mazur & Orr v Charles Russell Speechlys LLP due to her filing the claim.

I’ve dug out the Letter of Claim and it was signed by Sarah Ensall.  We are currently conversing by email to DCBL.  Filling in forms and doing this stuff for my husband makes me want to cry!  I hate it and want it all to go away!

So if I email:

Sirs,
I would be willing to withdraw my counterclaim under the following conditions and without prejudice:

1) you immediately withdraw your claim and consider the case closed with no further recourse 
2) you refund our counterclaim fee of £xx

Kindly confirm the same by return.

Whilst it was apparent that you would wish to discontinue this action, I would have no hesitation in proceeding and paying the court costs should you not accept our offer outlined above.  I am minded to continue with a legal case to enable me to argue the validity of this case in light of Mazur & Orr v Charles Russell Speechlys LLP due to the Letter of Action being signed by Sarah Ensall, who is unqualified to perform litigation.

Coupon-mad

All good except change:

"in light of Mazur & Orr v Charles Russell Speechlys LLP due to the Letter of Action being signed by Sarah Ensall,"

to

in light of Mazur & Orr v Charles Russell Speechlys LLP due to the Claim Form being signed by Sarah Ensall,

skintandsad

Coupon-mad said:

All good except change:

"in light of Mazur & Orr v Charles Russell Speechlys LLP due to the Letter of Action being signed by Sarah Ensall,"

to

in light of Mazur & Orr v Charles Russell Speechlys LLP due to the Claim Form being signed by Sarah Ensall,

Thank you so much!  I’ll see how I get on.
People on these forum pages are saviours; I don’t know if they realise just what it means to have people read and take their time to reply, so thanks again to you all and hugs x

1505grandad

"We are currently conversing by email to DCBL."

Pedantic check  -  it is DCB Legal you are emailing?

skintandsad

1505grandad said:

"We are currently conversing by email to DCBL."

Pedantic check  -  it is DCB Legal you are emailing?

Yes, email address ends @dcblegal.co.uk

Gr1pr

I suggest that you change your thread title to something more suitable like 

SMART PARKING,  DCB LEGAL  claim , (  not DCBL  )

skintandsad

Gr1pr said:

I suggest that you change your thread title to something more suitable like 

SMART PARKING,  DCB LEGAL  claim , (  not DCBL  )

Aah, hadn’t realised they were different!  I’ll see if I can work out how to edit.  Thank you ☺️ 

Le_Kirk

skintandsad said:

Gr1pr said:

I suggest that you change your thread title to something more suitable like 

SMART PARKING,  DCB LEGAL  claim , (  not DCBL  )

Aah, hadn’t realised they were different!  I’ll see if I can work out how to edit.  Thank you ☺️ 

On your post there will be three dots in a circle at top right, click on it and then click on edit.