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DCBL letter of claim - alleged incident in NI, living in England
Comments
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Do you think I'll get away with this then?James_Poisson said: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!0 -
No they won't even issue a claim if you simply reply pointing out that the alleged contract took place in NI and Smart Parking never used PoFA wording 4 years ago anyway and as such, there is no cause of action and as keeper, you can't be held liable.
Conclude by saying that you don't believe for a nanosecond that the DCB Legal unauthorised call centre crew can conduct litigation and certainly not where NI law applies to the case. As such, the 'propensity to pay' score for this case is a big fat zero and they are referred to the famous reply in Arkell v Pressdram.
(obviously 'Dear Sirs/yours faithfully' at the start and end of the email. None of this idiotic clueless 'Hi/kind regards' trash please!).
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD7 -
I agree that this requires a pre-action letter stating
* X is the keeper of the vehicle
* Based upon the information set out in the letter, this appears to concern events in the jurisdiction of northern Ireland for which the applicable law is the law of northern Ireland, given that the vehicle is said to have been parked in breach of contractual terms displayed in northern Ireland.
* The defendant will challenge any proceedings brought in E&W which seek to apply the law of E&W.
Noone can say for certain what the claimant then chooses to do, but it tees the position up nicely should the defendant need to provide a copy of the letter to the judge.3 -
Go with the above advice.
Log the reply to the LOC here (before the end of tomorrow)
https://dcblegal.co.uk/response/reply-form/2
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