DCB Legal / Highview Parking County Court Claim

[NicB]

Hi,

Looking for some more guidance on the next steps to proceed with please!
My defence was submitted via MCol on 21st May, I had not received any documentation from Highview / DCBL at this point with copies of NTK's which they intend to rely upon in court.

This week I have received the documents via email from DCBL. As initially thought, both NTK's they issued are for the exact date and time, different photos.
NTK ref : xxxxxx81 Date 06.07.18 In Time 09:48 Out Time 17:08
NTK ref: xxxxxx92 Date 06.07.18 In Time 09:48 Out Time 17:08

I received : Charge Notice, Charge Notice Reminder, Legal Action Pending for each reference.

This morning, I have received another Email from DCBL informing me that having reviewed my defence the client intends to proceed with the claim.

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

In due course, the Court will direct both parties to each file a directions questionnaire. I 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 overidding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 02034340433 within 7 days and make immediate reference to this correspondence".

Attached to this Email was a Directions Notice PDF from DCBL completed by Highview Parking instructing they are ok with mediation.

So, where do I please go from here? I do not want to call them as I would like everything documented.

1. Do I reply to the email from DCBL inviting them to look carefully at the timings of the NTK's? Their camera / system was obviously unreliable. With this in mind, how can they actually prove that I was there at all? This is a car park that was used regularly and in / out on various occasions so photos could have been taken at any point!
2. Do I / can I now change my defence on MCol?
3. Do I wait for the court to contact me?
4. How do I obtain the Directions Notice to complete if I am to proceed with mediation?

Any further help or support would be much appreciated! ostell

[NicB]

ostell would you please be able to support me with the next steps, your guidance so far has been invaluable!

[ostell]

Unfortunately you can't change your defence without paying. You could intoduce the NTKs in your witness statement and as exhibits. You are not allowed legal arguments but you could say that you eventually received the documents that had been requested under CPR but too late for your defence. You note that the claimant is claiming twice for the same incident. You bring this up during the hearing as an abuse of process.

You could contact DCBL, point out that the documents they have at last provided shows that they are trying to claim twice for the same incident. You consider that this this attempt to increase their income is an abuse of process and invite them to withdraw.

The court should send you your own Directions questionnaire which you complete and return to the court and a copy to DCBL. Check on line to find out the status. You can download a DQ yourself

You can bring up this abuse of process at mediation

[NicB]

Thank you so much for your help uet again!! Hugely appreciated x

[NicB]

ostell