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Messages - Frankiebean

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1
That's interesting, i did see that earlier on while researching through past cases.  It may deter them from using their tactics/business model - although I doubt it, as its likely thousands who just pay up v a handful who defend and request costs.  I'll have a think. 


2
I decided to just give the County Court a ring to see if DCB Legal had actually discontinued (before writing a statement) only took 5 mins on the phone for them to tell me that the Case has been discontinued.  RESULT!!!!   No explanation as to why I hadn't received a notification by court or Claimant, but the call was recorded and I have a transaction Number to confirm that I have been advised that I don't need to prepare any defence or attend court.

Thanks for all your help and advice, this has been a textbook example of why we need to fight these companies and not be bullied or intimidated by them.  What a waste of everyones time including the already busy courts.

Is this one to add to the long list?  How many is that now that your advice and guidance has helped ?

Once again  THANKYOU

Frankiebean

3
So - no contact with DCB legal or Civil Enforcement since moderation and no discontinuance received as of today, so I shall be compiling my statement ready to be sent to the court for 3 July.  I'm writing and researching today, so if anyone has any tips or links - they will be gratefully received.

Many thanks

4

Quick update - just had the mediation call.

Mediator explained the process - i.e, I am under no pressure to settle, gave date of alleged offence and confirmed my details (name).  First offer was £280 with a kind offer of terms and time to pay (original demand was £307) - so I rejected this.

Mediator explained that a) a wait for a court date could be between 6-9 months  b) Its a gamble on evidence and the judge could make a decision on the papers presented alone  and c( I would have to take a day off to attend.

I explained that I had requested that this case be heard before a judge and not on papers (as stated in my N180) as I wanted the opportunity to question the claimant about their evidence.

Mediator went back to claimant - who then offered a counter offer of £240 - which I rejected.

Mediator said they would try to find out what the claimants bottom line was.

Mediator came back with offer of £170 - which I rejected.  They asked if there was any point in going back and forth.  I explained that they could, but we could keep going down until the claimants offer started with a Zero.

They thanked me for my time and said that an email acknowledgement of my attendance at mediation would follow.

All very civilised and if anyone is reading this who is concerned I found it quite empowering saying no to these shyster parking companies and their shyster claims.


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Mediation appointment has arrived.  They give a 3 hour window to call - its in 2 weeks time so pretty quick.  As everything else you have advised has come to pass - I will listen and then say that I will offer zero £££ if they suggest a settlement as advised.

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Updating as I have received the N180 in the post, together with DCB Legal invitation to mediation (which I have ignored as suggested) and have downloaded a copy of N280 and emailed off the completed form as you have advised on other threads.  Next step I guess is the mediation appointment.  Will wait to hear.

7

So, after sending off my defence on 10 February, I have only received an acknowledgement of defence from HM Courts and Tribunals service dated 12 February.  Do Civil Enforcement/DCB need to respond by a required date?  Its now 18 March, so over a month and nothing yet.

I dont seem to be able to get into the online portal as I don't have a password that works, but assume it would come in post if anything.

Thanks in advance

8
Just in case anyone else is in this position.  I plead guilty and decided not to go to court or give any mitigations (as there werent any).  Received a 6 month ban and £400 fine which I have been given time to pay off in 4 monthly installments.  So be it.  Car is in garage and I'm doing a SORN until I can drive it again.

Thanks again for your advice.

9

Thanks once again, super helpful.  I've actually done everything and bundled it together in a single PDF as I had some time this afternoon.  Is there any benefit in sending it earlier? - Just to get it out of the way?

Thanks

Frankiebean

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Thank you, all noted and understood. 

11
Private parking tickets / DCB Legal Ltd CNBC - Defence following AOS please
« on: February 04, 2025, 11:12:50 am »

Morning all

I have been reading all of the advice, and have got to the stage where I have submitted my Acknowledgement of Service  (sent online 28 January 2025)

Are you able to help with my defence using the correct wording for the draft order and up to date relevant transcripts to attach?  I understand I have until 10 February to respond.

Attached is the claim form sent from CNBC (with my details redacted).

Grateful for any assistance - I have downloaded and reviewed some of the previous defences from this site, but wanted to be sure I had the correct one.

Frankiebean




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12
 Thanks Both, that's clear. Honestly I've been avoiding thinking of the implications of a driving ban.  So will have to think it all over, collect evidence etc.

Thanks again





13


If the court don't feel that you meet that test, there's no way they would ban you outright for 35 in a 30 just to subvert Parliament's intentions.

N.B. If you use the word "inconvenience", everything after that will be a waste of ink.


Yes I realise the inconvenience part, but what are the courts options if not to ban outright if they don't feel I meet the hardship test, surely adding more points is an automatic ban?

Thanks

14
Notice was received today, after I completed and plead guilty to the SJP notice.
I have 11 points currently on my licence and I am a fool who drove 35 on a 30 road and was captured on camera.  Due to totting up, I'm in a fix.
I would like to go to court and explain why the court should not disqualify me, but I don't know where to start.

I would be inconvenienced by losing my licence (currently live rurally and have to travel into London for work twice a week contractually), as does my daughter (who doesn't drive, so I am the taxi to the station).
However I worry that this is not enough mitigation, and instead should request a short ban instead.

Offence occurred 30 November 2024 -  35mph speed exceeding 30 mph

Previous penalties and offences

Offence Date 26 August 2023 - SP30 - Penalty point expiry date 26 August 2026 / Removal date 26 August 2027
5 points given as I did the stupid not realising I had to add my licence details to the initial letter and got an extra 2 points and fine for that.

Offence Date 6 December 2021 - SP30 - Penalty point expiry date 6 December 2024/ Removal date 6 December 2025 - 3 points

Offence Date 5 December 2021 - SP30 - Penalty point expiry date 5 December 2024 / Removal date 5 December 2025 - 3 points

So my question is if there is any point in setting all this out to the court as the totting up will put me over the top.
The other question is what is the difference between expiry date and removal date, given that the recent offence was so close to the expiry date (s) of the 2021 offences, will that in any way be taken into consideration (doubtful I think).

Finally, are there any examples of witness statements that I could consider looking at, as a search on your site doesn't give me much hope.

Sorry to be a debbie downer, but I am so angry with myself.  I have 2 weeks to return the form to go to court or give my reasons in writing.

Thanks for looking

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