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Messages - DohRay

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1
As this is a DCB Legal issued claim, I would place money on them discontinuing just before they have to pay the £27 trial fee.
Well what a surprise - I just received this:
    Our client has instructed us to discontinue Court proceedings and close our file.
Exactly as you predicted.

Thank you for the help, the guidance, and the reassurance that everything was on track.

2
N157 Notice of Allocation to the Small Claims Track (hearing)

...blah blah...a date in September...blah blah




I think the only bit that's not entirely clear is
Quote
5) Each party must send to the other party and to the court office copies of all documents on which that party intends to rely at the hearing.
Does that mean to re-send everything that's already been sent?

3
Ugh, now I have a call scheduled with a mediator.  Unless you say otherwise, I'm assuming that I simply have to repeat the points which were made in the rebuttal.

4
And now a reply from DCB Legal:
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.


Kind Regards,


Shaun Arrowsmith

Litigation support Associate

DCB Legal Ltd
I shall add the attachment later.

5
Quote
I have had a response
From whom? The court?
From ClaimResponses.CNBC, yes.

6
You sign the defence by typing your full name for the signature and date it.
I did that, but I have had a response: "We have processed your response. Please note however, it was not signed and because of this it may not be considered as a valid document if the case goes to a court hearing."

I have double-checked, and it definitely has my name (my full name, as it appears on my driving licence and passport) next to the word "Signed", thus:
Quote
Statement of truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed: my name here

Date: 28th February 2025

7
Got it.
Sent.

8
Specifically by email, rather than (as per the instructions in the claim) through their moneyclaim.gov.uk website?

9
What is the issue date?
21st Feb 2025.

10
Here's the claim.

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11
Dear XXXXXXXXXXXXXXXX,

We write in response to your correspondence received in our office dated 19/12/2024.

We now respond to the same as follows.

The Notice to Keeper was issued to you on 17/04/2024. A copy is enclosed. You were afforded the opportunity to; appeal the parking charge, transfer liability to the driver (if it was not you) or make payment. Neither a successful appeal, nor an adequate nomination were received, yet payment remains outstanding The Vehicle entered Mere Green Pay and Display, Sutton Coldfield, B74 4BH on the 13/04/2024, No valid pay and display or prepay arrangement. The parking charge was issued correctly. The parking charge was issued due to breach of contract and not for loss or damages. See enclosed Appeal and response, Vehicle Images, Landowner Agreement, Signs and Site Plan

The Reminder Notices were issued to you on the 17/05/2024 and 15/07/2024. Copies are enclosed. These notice's reiterated that payment was outstanding and confirmed that legal action may be taken and additional costs incurred if the parking charge was not paid.

The HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), which was last updated on 02 September 2020, confirmed that parking charge notices falls out of the scope of VAT.

You now have 30 days from the date of this email to make a payment of £160.00. Failure to make payment will result in a Claim being issued against you without any further reference.

Payment can be made via bank transfer to our designated client account: -

    Account Name: DCB Legal Ltd Client Account 

    Sort Code: 20-24-09 

    Account Number: 60964441


You must quote the correct case reference (XXXXXXXXXXXX) when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred.

Alternatively, you can contact DCB Legal Ltd on 0203 838 7038 to make payment over the telephone or online at https://dcblegal.co.uk/response/pay-online/.

Kind Regards,

Lorraine Boardman

Administration Associate

DCB Legal Ltd

12
I have the same issue you had at this same parking location. I was literally in there for less than 3 mins at night and they issue me with a parking charge. I have already appealed on their website and waiting for the standard response. The pictures seem to suggest I left the car but it was actually my wife that left the car while I remained in the driving seat with the engine on while she checked the parking fees before we decided to go elsewhere after our dinner reservation at the restaurant adjacent to it was cancelled. How can they charge one for a 2 mon period?
As with mine, read https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ and follow what it says.  It might be similar to mine, or it might differ in small but crucial details, something you or I might overlook but that the keener eyes might pick up.

13
Many thanks for the clarifications.  I shall get the letter sent forthwith, and shall update you with any response that I receive.

14
Reply with the following:

Quote
Dear Sirs,
  ....
Dear Sir/Madam,


I acknowledge receipt of your template response which you advise that I send to DCB Legal.  However, prior to printing and posting it, I did take the opportunity to read the contents most carefully.  One detail did catch my eye, namely the reference to Arkell v Pressdram, with which I had hitherto been unfamiliar.  On researching further, I regret to inform you that the coffee which I had been consuming at that moment was caused to become projected across the computer keyboard at which I was sitting. 
Consequently, I shall be pursuing remedy for the loss, not only of the coffee but also of the keyboard, which is no longer functional, and of my dignity, as part of the coffee was ejected through my nose, in full presence of my family, who were caused temporary consternation at my outburst, fearing for my health.  My health, I can assure you, remains intact, unlike the other named items.


Yours etc,

Ray, Doh (Mr)


P.S. Slightly more seriously, where did the £70 come from? The uplift appears to be from an original £100 to a figure now of £160.  Indeed, the additional £60 was added between I Park's letter of 17th May and their letter of 17th June.  Also, I see no reference to VAT beyond their VAT registration number at the bottom of the page, so is that definitely still going to be an effective argument?

15
Exactly as you said it would. [ Guests cannot view attachments ] [ Guests cannot view attachments ]

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