dcb legal claim.....3 years late!

[Badwool]

Hi DES8,

I have received a response today and they have stated the following;

For clarity, the PCN was issued on 05/10/19. The Notice to Keeper was sent on 30/10/2019. Our client had 56 days in which the Notice to Keeper needed to be sent. As such, our client has complied with POFA.
I have attached the letter.

Any advice on where to get would be appreciated.

Best

[des8]

Suggest you read PoFA 2012 schedule 4 Para 9 (1) (4) (5) & (6).
You will then be able to write back asking where they get 56 days and point out the error of their ways and tell them that you do not expect to hear from them further except to confirm they are removing your details from their database.

[Badwool]

Suggest you read PoFA 2012 schedule 4 Para 9 (1) (4) (5) & (6).
You will then be able to write back asking where they get 56 days and point out the error of their ways and tell them that you do not expect to hear from them further except to confirm they are removing your details from their database.

I couldn't understand where they got 56 days from as I have had a good read over those points - thanks I've sent a letter responding.

[Badwool]

Quick update.

County court claim form received.

I have responded with my defence on the same basis as the letters I've been sending.

I'll update the post when I hear back.

[Badwool]

Hi,

So today I have received the following email - I'm assuming this is a bluff to make me pay? or am I wrong?





Good morning


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



In due course, the Court will direct both parties to each file a directions questionnaire. In 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 overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.



If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

[MIKE770]

usual they hope you panic and give in, I would state as to benefit of doubt all paperwork via Royal Mail.

[Badwool]

usual they hope you panic and give in,

I thought this was the case.

I would state as to benefit of doubt all paperwork via Royal Mail.

Im not sure I follow on this part though?

[des8]

DCB legal are telling you that they intend to serve all documents by email and quote the court rules.
Actually they misquote them as they need your agreement, so as MIKE770 says tell them you will only accept service via letter.

Did they actually attach anything to their email?
If so please share
Likewise a copy of the particulars of claim

[DE DOGS]

I guess All future correspondence is by LETTER. Originally posted by MIKE770 View Post
I would state as to benefit of the doubt all paperwork is via Royal Mail.
I'm not sure I follow on this part though.

[MIKE770]

ok email not 100% certain, physical letter etc is hard copy. years of experience has shown more than once as no guarantee email received/read by actual individual.

[Badwool]

Hi all,

Thanks for all your help so far.

I have attached a copy - I have removed a few details i.e. claim ref

[des8]

So when you file your Directions Questionnaire you request the case is directed to your local court as defendant you are an individual and will be a litigant in person.

Could you post a copy of the Particulars of claim?

[Badwool]

Hi DES8,

Sorry I'm very new to this - will I receive a notification fro the courts with my Directions Questionnaire?

When you say particulars, where would I find that? I have posted all my correspondence with DCB both to and from.

Thanks for your help

[des8]

You will receive court directions to complete the questionnaire

Particulars of claim are the details the claimant enters on his claim form describing what and why he is claiming.
Responding to that accurately is essential if you are disputing the claim.
I was just wondering what exact wording was used.

[Badwool]

Here are the particulars;

1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued
to vehicle ****** at ******* 2. The PCN
details are 05/10/2019,*********The
PCN(s) was issued on private land owned or
managed by C. The vehicle was parked in
breach of the Terms on Cs signs (the
Contract), thus incurring the PCN(S).4. The
driver agreed to pay within 28 days but did
not. D is liable as the driver or keeper
Despite requests, the PCN(s) is outstanding
The Contract entitles C to damages.
AND THE CLAIMANT CLAIMS
1. £170 being the total of the PCN(s) and
damages. 2. Interest at a rate of 8% per
annum pursuant to s.69 of the County Courts
Act 1984 from the date hereof at a daily rate
of £0.02 until judgment or sooner payment. 3.
Costs and court fees