DcbLegal missed Witness Statement deadline

Justifai

Hello All,

Thank you to the administrators/organisers of this forum. Its been very helpful.

I recently submitted my WS in person to the county court and by email to dcblegal on the deadline day but I have not received dcblegal's WS. I'm now waiting to see if they will make the trial fee which should be about 10 days time.

My Questions:
Will there be any advantage for me as dcblegal missed the deadline?
Will I be able to submit a supplementary WS?
What has been the outcome of such situations where defendant didn't receive WS (or received it after the specified deadline)from dcblegal?

Thanks a lot in advance.

Le_Kirk

I suspect you will soon end up on this thread: -
https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p133
Failing to send a witness statement often is a precursor to the N279 discontinuation letter.

Gr1pr

Justifai said:

Hello All,

Thank you to the administrators/organisers of this forum. Its been very helpful.

I recently submitted my WS in person to the county court and by email to dcblegal on the deadline day but I have not received dcblegal's WS. I'm now waiting to see if they will make the trial fee which should be about 10 days time.

My Questions

1)  Will there be any advantage for me as dcblegal missed the deadline?

2)  Will I be able to submit a supplementary WS?

3)  What has been the outcome of such situations where defendant didn't receive WS (or received it after the specified deadline)from dcblegal?

Thanks a lot in advance.

1)  possibly,  it's up to the judge after being promoted , IF a hearing occurs 

2)  yes if you needed to, but probably not necessary 

3)  an email from DCB LEGAL to your inbox or spam folder and their N279 NoD document would be attached,  so keep checking both folders 


Which parking company   ?

Car1980

If you have submitted your WS make sure you apply for costs in the event of a discontinuance.

If you spent 2 hours on it, that's £48 they owe you.

Justifai

Gr1pr said:

Justifai said:

Hello All,

Thank you to the administrators/organisers of this forum. Its been very helpful.

I recently submitted my WS in person to the county court and by email to dcblegal on the deadline day but I have not received dcblegal's WS. I'm now waiting to see if they will make the trial fee which should be about 10 days time.

My Questions

1)  Will there be any advantage for me as dcblegal missed the deadline?

2)  Will I be able to submit a supplementary WS?

3)  What has been the outcome of such situations where defendant didn't receive WS (or received it after the specified deadline)from dcblegal?

Thanks a lot in advance.

1)  possibly,  it's up to the judge after being promoted , IF a hearing occurs 

2)  yes if you needed to, but probably not necessary 

3)  an email from DCB LEGAL to your inbox or spam folder and their N279 NoD document would be attached,N279 NoD document  so keep checking both folders 


Which parking company   ?

G24 Ltd.

I will keep an eye on my emails and spam.
Thanks a lot. Much appreciated. 

Justifai

Car1980 said:

If you have submitted your WS make sure you apply for costs in the event of a discontinuance.

If you spent 2 hours on it, that's £48 they owe you.

Thanks a lot for your help. Please see below a NoD from dcblegal/G24 Ltd.

Please how do I apply for the costs?
What's the maximum cost that one can claim?

As you said above, 2 hours will be £48. But the truth is I actually spent weeks (if not months), on these whole process. It took a whole lot on me as I have spent time I'm supposed to be working and having quality family time on this case. A lot of energy, emotions and time. Why are these people allowed to carry on threatening people and wasting court's and people's time. Will these ever stop?
Sorry i'm being a bit emotional here.

Umkomaas

What was the date fixed for your hearing?  If it's more than 7 days away, then my understanding is that no costs are in play. Others might confirm. 

@Justifai for the copy of your NoD. I can now get this counted in the DCBL Legal thread of shame. 👍 

Coupon-mad

Calling @Umkomaas

ANOTHER ONE BITES THE DUST!

Costs are already covered in the NEWBIES thread post 2. Don't overdo it. You might not get them anyway.

Umkomaas

Coupon-mad said:

Calling @Umkomaas

ANOTHER ONE BITES THE DUST!

Costs are already covered in the NEWBIES thread post 2. Don't overdo it. You might not get them anyway.

Got it, on the case. 👍

Car1980

Yes, for costs you need to emphasise unreasonable behaviour. Quote Steven Orton v Barclays Bank UK plc

You need to provide evidence of unreasonable behaviour and set out some reasons, so this is just my suggestion:

1. DCB Legal are bulk litigators who file 1000 parking claims a week.
2. Whilst bulk claims are not abuse of process, the intention to always discontinue claims on behalf of certain clients is arguably unreasonable, dependent on circumstance.
3. It is known that DCB Legal made a large number of very old claims nearing becoming statute barred from G24 earlier in the year and they have started to discontinue them (see what evidence you can find in the discontinuations thread).
4. They never intended to take these claims to a hearing because of difficulties in providing the evidence from such a long time ago.
5. It is unreasonable to leave discontinuance to such a late stage. The Claimant's tactics are to leave it as late as possible and whilst after mediation would arguably be acceptable, to discontinue once the defendant has filed his witness statement on the deadline day, within the pattern of behaviour shown, is unreasonable.
6. The claimant didn't discontinue after reading the defendant's witness statement, but before receipt, so it can't be claimed that they only discontinued after seeing the evidence.
7. The claimant did not file their own witness statement, adding credence to the fact they always intended to discontinue.

Costs are £24 per hour now, but you have to keep it factual and dispassionate I'm afraid. No money for stress sadly.

Justifai

Umkomaas said:

What was the date fixed for your hearing?  If it's more than 7 days away, then my understanding is that no costs are in play. Others might confirm. 

@Justifai for the copy of your NoD. I can now get this counted in the DCBL Legal thread of shame. 👍 

The hearing is definitely far more than 7 days (sometime 2nd week in November).

Umkomaas and everyone for all your help and selfless service in this forum. Very much appreciated.

I wish there is a forum like this for PCNs issued by council. I received a PCN in Barking & Dagenham even though I paid for parking.