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DCBL letter of claim - alleged incident in NI, living in England
Velo_ciraptor
Posts: 6 Newbie
I have received a letter of claim from DCBL stating that if I don't pay by tomorrow, they will issue a claim without further reference to me.
However the parking infraction that they allege took place in Northern Ireland 4 years ago and I am now resident in England. Can they take me to court/issue a CCJ against me?
However the parking infraction that they allege took place in Northern Ireland 4 years ago and I am now resident in England. Can they take me to court/issue a CCJ against me?
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Comments
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Depends what they plead. E&W is a convenient forum for parties that may both be based in E&W.
However the applicable law *must* be NI because that is the location in which the contract was formed and the applicable law, where the signage did not indicate otherwise. The DJ would need to hear the case applying NI law. That's not guaranteed, so C shouldn't be issuing proceedings and hoping for the best.
NI law is similar, but different. The obvious difference here is that there is no PoFA.6 -
Can you confirm that the letter is from DCB Legal not DCB Limited? Did it give you 30 or 14 days to pay?Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street2 -
Dcb legal giving 30 days to payUmkomaas said:Can you confirm that the letter is from DCB Legal not DCB Limited? Did it give you 30 or 14 days to pay?0 -
They have provided photos in which the face of the driver is very obscured and dark and by no means identify me as the driver, does that help me?Johnersh said:Depends what they plead. E&W is a convenient forum for parties that may both be based in E&W.
However the applicable law *must* be NI because that is the location in which the contract was formed and the applicable law, where the signage did not indicate otherwise. The DJ would need to hear the case applying NI law. That's not guaranteed, so C shouldn't be issuing proceedings and hoping for the best.
NI law is similar, but different. The obvious difference here is that there is no PoFA.0 -
when they issue a claim, defend it
which parking firm, did you ever appeal it2 -
Smart parking. No I never appealed it as when I was living in NI everyone always said to put those letters in the bin which is what I didChirpyChicken said:when they issue a claim, defend it
which parking firm, did you ever appeal it0 -
thats fine
Then you based the defence on non keeper liability since that doesn't exist in NI
case will be discontinued3 -
Velo_ciraptor said:They have provided photos in which the face of the driver is very obscured and dark and by no means identify me as the driver, does that help me?
How can they identify anybody they are just a scummy parking company not MI5, male/female/non binary would be their best assessment!3 -
thats irrelevant so it does not affect your defenceVelo_ciraptor said:
They have provided photos in which the face of the driver is very obscured and dark and by no means identify me as the driver, does that help me?Johnersh said:Depends what they plead. E&W is a convenient forum for parties that may both be based in E&W.
However the applicable law *must* be NI because that is the location in which the contract was formed and the applicable law, where the signage did not indicate otherwise. The DJ would need to hear the case applying NI law. That's not guaranteed, so C shouldn't be issuing proceedings and hoping for the best.
NI law is similar, but different. The obvious difference here is that there is no PoFA.2 -
Why is it irrelevant? In NI it all hinges on identifying the driver right?ChirpyChicken said:
thats irrelevant so it does not affect your defenceVelo_ciraptor said:
They have provided photos in which the face of the driver is very obscured and dark and by no means identify me as the driver, does that help me?Johnersh said:Depends what they plead. E&W is a convenient forum for parties that may both be based in E&W.
However the applicable law *must* be NI because that is the location in which the contract was formed and the applicable law, where the signage did not indicate otherwise. The DJ would need to hear the case applying NI law. That's not guaranteed, so C shouldn't be issuing proceedings and hoping for the best.
NI law is similar, but different. The obvious difference here is that there is no PoFA.0
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