Received County Court Claim for PCN for overstaying on free carpark

[AllmanRach]

As this is DCB Legal I suppose they have requested in their directions questionnaire that the case is heard in their local court and they suggest a paper hearing
You need to request hearing in your local court, and an in person hearing as there are matters of law to be settled.

You will be at a disadvantage if you opt for a paper hearing.
With the hearing being heard in person at your local court it will cost the claimant more to attend than he can obtain even if he wins. Often they either discontinue at the last minute. or just don't turn up for the hearing
They are aware that most people are stressed by the thought of a court hearing and hope they will pay up to avoid it.
However it is not rally scary at all, and is almost informal in some cases.

You could try settling out of court, but I doubt they will come down much and will use the opportunity to pressurise you more.
The court will offer you the chance to use the court mediation service.
This is free of charge, and you don't actually speak to the other side. It is held over the phone & the mediator shuffles between you.
I have never known the parking companies to accept a low offer.

Thank you, I appreciate this help so much. So the form does state they want it to take place at the Claimants home court but I can't see where they have selected a paper hearing. It says they agree to it being referred to the small claims mediation service, that the small claims track is the appropriate track, that they are available within the next 6 months to attend a hearing and they don't need expert advice.

Do I need to do anything with this letter and form? Or do I wait for the court to come back to me with questionnaires which they have stated in their cover letter that the court will do in due. course and that they have have sent a copy of this to me. With the form do I fill out wanting the hearing at my home court? How do I opt out of a paper hearing? Thank you.

[des8]

You can wait for the court to send you the Directions Questionnaire, but I prefer to download a copy from https://www.gov.uk/government/public...l-claims-track as the post can be unreliable.

Section D deals with the question of a paper hearing. Just state you think there are legal arguments to be made

Section E1 deals with the court centre at which you want the hearing held.

Complete form and file with court and serve on claimant's solicitor

[AllmanRach]

You can wait for the court to send you the Directions Questionnaire, but I prefer to download a copy from https://www.gov.uk/government/public...l-claims-track as the post can be unreliable.

Section D deals with the question of a paper hearing. Just state you think there are legal arguments to be made

Section E1 deals with the court centre at which you want the hearing held.

Complete form and file with court and serve on claimant's solicitor

Ah okay, this version on this link is a slightly different version sent from DCB Legal. Their version doesn't have a section E on it and section D as you mentioned is different as it just asks about which hearing venue they want it to take place at, that they don't need expert witnesses or evidence, and are available any day within the next 6 months, which is why I was confused when you mentioned about them choosing a paper hearing.

Can I just confirm what you mean again by serving on the claimants solicitor? I think I got it wrong last time when I filed my defence as I sent my defence to DCB Legal in the post and to the court in two separate envelopes. I got a separate letter from DCB saying they had disposed of it as I hadn't followed process but they then also sent a second letter (same day, different envelope) saying they had reviewed the content of my defence and were going to pursue and court would be in touch with questionnaires...

Do I just send two copies of this questionnaire completed to the court and get them to serve onto DCB Legal? Do I provide a cover letter to state anything else in relation to the questionnaires, or is just sending the questionnaires completed enough for them to serve onto DCB Legal?

Thank you

[des8]

Could you post up the version of N180 used by DCB Legal please (obviously remove identifying details first!) ?

You need to send a copy to the court and one to DCB Legal
To avoid problems with DCB send it first class with a free certificate of posting from post office

[AllmanRach]

Could you post up the version of N180 used by DCB Legal please (obviously remove identifying details first!) ?

You need to send a copy to the court and one to DCB Legal
To avoid problems with DCB send it first class with a free certificate of posting from post office

Hopefully these have uploaded okay for you to view.

[lyonsdown]

When I receive a PCN I always counter-claim for £300-400 for mental ditress and time spent on paperwork on the case.. It costs me £25 approx but it always scares them off.

[Waseem-m]

Has this case been concluded yet or is it still on going?