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Messages - OD123

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1
Quote
I'm disappointed that she thought the your WS was a copy and paste
The OP can correct me if I'm wrong, but my reading of this is that she probably (a) knew the OP had not written the WS himself, and (b) knew he had not engaged a lawyer, and put those together To conclude it had been copied and pasted from somewhere.

Yeah, that is probably my understanding of it. I can't remember her name either. It wasn't a harsh criticism from her either, just a general observation that it was fairly generic. Obviously though, it's better than anything a regular person could write up so I'm not complaining!

Thanks again.

2
Thanks guys. In the end I just took my evidence (bank statement) and this was enough as I won.

Anyway, here's what happened for those interested.

The judge said that the witness statement given was fairly copy + paste and some of it was not relevant (basically she knew I hadn't written it and it wasn't done by a lawyer). I am not blaming you guys as it was better than anything I could have came up with. However, she didn't go into any further details.

However, it was pretty evident that she slammed their statement much harder and said it was confusing and 'strange'. In other words, she wasn't really disappointed with mine but was with theirs.

In fact, it's almost like the lawyer didn't really understand the assignment either. In the end, they tried claiming I'd entered the wrong reg but had no proof. Not only this but because I'd used the car park before and after on other dates, she could see I was not doing anything malicious even if I did enter in the wrong registration.

Overall it was a pretty big waste of time all things considered but I'm glad I won and wanted to say thanks for helping me through the entire process.

3
On what date did they pay the hearing fee? If it was after 4pm on the deadline date, the claim was struck out.

I am going to court tomorrow. I phoned and apparently so are they. Do you have any tips/advice for court and/or do I need to bring any specific documents or anything with me?

Thanks.

4
I have no idea, all they told me on the phone was that the hearing is happening as scheduled as it was paid for, so thats what im going with.

5
Phoned the court - Hearing Fee has been paid

I have submitted the witness statement with my bank statement which proves I paid.

Bank statement shows:

Payment to ECP on the disputed date - £1.50



Do I need to take any paperwork to the court or is everything already done since I sent it?



6
I have now finished my witness statement.

Afaik I should be sending to DCB legal and CCing myself in.

I'm assuming I don't need to email this witness statement to the court as well?

7
Did you mark your email as "urgent", preferably in all caps and with a couple of asterisk either side of the word urgent?

**URGENT**

yes

8
So, send an email with the following, if you have not yet done so to: enquiries.birmingham.countycourt@justice.gov.uk and CC yourself:

Quote
Subject: Urgent: Request for Confirmation of Claim Status – Claim Ref: [Insert Claim Reference Number]

Dear Sir/Madam,

I am writing to urgently request clarification regarding the status of the claim referenced above.

According to the court order, unless the claimant paid the trial fee of £27.00 by 4:00 pm on 21 February 2025, the claim was ordered struck out with effect from that date. Given that the deadline has passed and the file has not been updated since 5 February 2025, please confirm whether the claim has been struck out for non-payment of the hearing fee and if the hearing has been vacated accordingly.

I would appreciate your prompt response to this urgent inquiry.

Yours faithfully,

[Your Full Name] 
[Your Contact Information]


Ty, ive sent that, however the response is:

"unless the Court considers your query to be of an urgent nature, we will aim to respond to your e-mail routinely within ten working days. Please do not file documents via multiple methods e.g. by Fax and DX."


My options now are send the witness statement out of precaution, or I can physically go to the court myself and ask them there, this would be hugely inconvenient but im willing to do it for a straight answer from them.

9
 hearing on 12th March 2025 at 11:00.


This is the hearing date ^^


I called the court because I was advised to do it on Feb 24th by someone on the forum.



If I call a court I expect the person on the phone to tell me yes or no since I would have thought this was a very basic question compared to most queries, but got told maybe.

I was told on the phone to email enquiries.birmingham.countycourt@justice.gov.uk

Subject:  URGENT (Case number)

and ask the same question as before.

10
UPDATE:

I phoned the court just now and they said there is no update on the file, the payment for court was due on Feb 21 and the case hasn't been updated since Feb 05

However, I asked if the discontinuation thing had been filed and the lady didn't know.

She gave me an email and told me to email it and mark the case as urgent asking these details - this advice didn't fill me with hope.

Should I file the witness statement response given here, take the womans advice, or both?

Sorry for the inconvenience at this point guys.

11
I have a bank statement which shows payment on this date - im guessing this will be used as defense if they continue?

Also if you look at their last photo, you can see a small paper square in the windscreen which is the parking ticket...lol

13
This is the first page with redacted information, but its a 33 page PDF file so im guessing this is pretty serious, not sure I can upload a 33 page pdf?

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14
Just received an email from DCB Legal

Hearing listed on DATE

We act for the claimant, please find attached out clients witness statement for the hearing

We confirm it has been filed with the court


Then inside the email its the PDF witness statement

They have pictures of the car entering and exiting with timestamp in this PDF
NO valid payment was purchased
"24 pay & display" "up to 3 hours £1.50"

As mentioned, I didnt say who was the driver, but I do have a business bank account which shows that £1.50 was paid...im guessing this is now the best option going forward.




Assuming I actually do have to defend this in court and its not being dropped as has been suggested so far?

15
So, you will know by 22nd February whether they have paid the hearing fee. If they have (doubtful), then you will have until Wednesday 26th February to submit a Witness Statement.

If you have not heard otherwise by Friday 22nd February, you can phone the court at Birmingham and check whether the claimant has paid the hearing fee and/or has filed an N279 Notice of Discontinuation and double check whether the hearing on the 21st March has been vacated.

If they haven't paid the hearing fee, then the claim is automatically struck out. We often see DCB Legal failing to inform the defendant that they have discontinued and the defendant showing up at court, wasting a lot of time. If you've not heard anything and you check, then you save yourself a lot of bother.

Friday is 21st February - should I still call on this day, or wait until Monday?

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