Will this blurred image stand up in court?

[j22key]

Hi all, just an update...
So defendant received a letter today stating that the claimant wishes to proceed with the claim and have included a directions questionnaire.

Firstly, the defence was filed via email on 27th February.

Letter of aknowledgement received on 3rd March dated 28th February stating that the claimant has 28 days to reply upon receiving the defence from them.

This letter is dated 28th March. - so exactly 28 days after their letter dated 28th February.

Letter states that if the defendant wishes to settle the case out of court to contact them within 7 days...

What are the next steps the defendant should ideally take?


Thanks again all!

[atticus]

What does this defendant want to achieve?

[j22key]

What does this defendant want to achieve?

Due to the defendant not actually being able to see the terms of conditions anymore due to the blurred image of the sign, and the fact that they can no longer go back to the car park and see the same sign as the car park has had I total refurbishment since, they do not feel that it is right to pay any kind of penalty when they are unable to fully understand what contract was broken and what was involved in the contract.

Therefore they do not intend to pay any kind of penalty at all

Thanks again for your time on this

[atticus]

Then this defendant should complete and return a directions questionnaire if not already done.

[charitynjw]

I agree with atticus
Complete & return the DQ per guidance.
There is a differing of opinion as to whether mediation is of any use in these matters (parking charge cases).
If it were me I'd agree to it....courts nowadays like to see that parties have at least considered out of court negotiations.

[j22key]

Hi all,
Defendant received the directions questionnaire today (25th May) do we;

Complete and return to the address on it?

Have they passed any time limits for this next stage to be put into practice?

Thanks again!

[j22key]

Also, the paperwork says 'defendant has filed a defence, paperwork enclosed' but the paperwork enclosed' has been lined out by hand. There is no defence within this pack
Photo attached
Thanks

[charitynjw]

Also, the paperwork says 'defendant has filed a defence, paperwork enclosed' but the paperwork enclosed' has been lined out by hand. There is no defence within this pack
Photo attached
Thanks

Complete & file a copy of your DQ with the court & serve a copy* on all other parties per the Order.

Keep a copy for your records.

Further guidance given in 'Shortcuts', top r/h/s of this page.

*Get proof of sending.

[j22key]

Just checked MCOL portal and it states the below;

A claim was issued against you on 17/02/2023
Your acknowledgment of service was submitted on 27/02/2023 at 10:33:56

Your acknowledgment of service was received on 27/02/2023 at 12:05:16

Your defence was received on 28/02/2023

Case Stay Lifted on 22/05/2023

DQ filed by claimant on 22/05/2023

DQ sent to you on 22/05/2023



We thought that the time had passed for them to file their DQ but now states that the Case Stay Lifted

Does the defendant have ground to object in anyway or would they be best to continue with the directions questionnaire?

Thanks again

[MIKE770]

stay lifted means they have paid a fee to lift stay

[j22key]

Hi All,
Just an update, the defendant filed the DQ via email to all parties stating that they would prefer the case to be settled out of court rather than attending.

The defendant today has received an email from DCBLegal stating;

"WITHOUT PREJUDICE SAVE AS TO COSTS"

and they would accept a reduced fee of £200 rather than the original £280 and have 7 days to respond.

The defendant is not going to accept this and will be happy for the court to decide.

What would be the next steps with this now? Should they reply stating they are not accepting this or ignore?

Thanks again!

[charitynjw]

Hi All,
Just an update, the defendant filed the DQ via email to all parties stating that they would prefer the case to be settled out of court rather than attending.

The defendant today has received an email from DCBLegal stating;

"WITHOUT PREJUDICE SAVE AS TO COSTS"

and they would accept a reduced fee of £200 rather than the original £280 and have 7 days to respond.

The defendant is not going to accept this and will be happy for the court to decide.

What would be the next steps with this now? Should they reply stating they are not accepting this or ignore?

Thanks again!

How happy are you with your defence of the claim?

[j22key]

We believe the defence is good enough to win. The contract is not visible in the image taken by the parking attendant, it is unlit, the carpark now has been completely rebuilt so no way of seeing the original signage.

The defendant responded by declining all offers that they may put forward.

We haven't heard anything back yet

Thanks again CHARITYNJW

[charitynjw]

We believe the defence is good enough to win. The contract is not visible in the image taken by the parking attendant, it is unlit, the carpark now has been completely rebuilt so no way of seeing the original signage.

The defendant responded by declining all offers that they may put forward.

We haven't heard anything back yet

Thanks again CHARITYNJW

From what I've seen, DCB Legal often try this tactic, but if the claim is robustly defended, they discontinue.
Obviously there's no guarantee on that, but once a claim is issued & paid (issue fee), there is little incentive to pull out at an early stage.
Often it is a question of 'who blinks first'.

[j22key]

Thanks again
The defendant is thinking about filing a counter claim for all time lost on this case, compiling evidence, directions questionnaire etc

Would it be a good idea to email DCB with an offer to close the case within 7 days or we issue a counter claim?