Free Traffic Legal Advice

Thank you very much, that is extremely helpful and much appreciated.

Good morning, I have today received the attached notice of allocation to Small Claims Track (Hearing) and Notice of Trial Date. It states I must send my defence by 12th December and I would be grateful of any advice please. Many thanks.

https://drive.google.com/drive/u/0/folders/1bhwrWzVEc8wHkVpzG558F9vvHQMCIAWi

Further to previous correspondence, I have had the call from the mediation service today. I was advised that the claimant would like to settle and that this could be done for a relatively low amount.

As per your advice, I asked the name and position of the person attending for them, she did not know and called back to say she could not provide this information. I explained that liability is denied and my settlement offer was £0.

She said she would record that no mediation / settlement was possible (and I have since had an email to confirm this). She said to expect a letter in the post and the case would be assigned to a local court to me and I would receive details of the date and time in due course. It was a very short call.

I will update further once a letter is received but if you have any advice on anything further I should do in the meantime, it would, as always, be appreciated.

Good evening, I have submitted my N180 and have received an email from Small Claims Mediation service stating that I will have a call for a telephone mediation appointment in a couple of weeks' time, details below, dates redacted.

Any advice would be appreciated please.

Many thanks

--------------------------------------------

Your telephone mediation appointment
Appointment date: x

Appointment time slot: x

Your confidential telephone mediation appointment has been booked for the above date and time slot. This means that the mediator will call you between the times shown. Your appointment will last for around one hour from the point at which the mediator calls.

The mediator will call both parties separately – you will not talk directly to the other side. They will try to help you both come to an agreement before the case goes to court.

Where your mediation appointment is mandatory, If you do not attend the appointment, the judge will take this into consideration at any court hearing and may issue a penalty. This could include the judge automatically ruling in the other party’s favour or ordering you to pay for some or all the other party’s costs.


Preparing for your appointment
You must make sure you have provided us with, or confirmed, the name and number of the person who will be conducting the mediation appointment. If you have not done this, or need to update your telephone number, you should contact us using the details at the end of this letter no less than 5 working days before your mediation appointment. Failure to do so may result in your mediation appointment not taking place and may result in a Judge issuing a penalty where the mediation was mandatory.

The mediator will call from a withheld number. Make sure that withheld numbers are not blocked on your phone.

Be ready to receive a call from the mediator from the beginning of your time slot. The mediator will call the telephone number you provided in your application.

If the mediator cannot contact you within 10 minutes of the appointment start, the appointment will be cancelled and you may, where mediation is mandatory, face a penalty for non-attendance.

Thank you, I will wait to receive my N180 form (which I believe is what you're saying) and then respond using the form online, as advised. Many thanks again.

Thank you, much appreciated.

Good afternoon,

Further to your previous advice, I have now received a letter from HM Courts & Tribunals Service, advising that a money claim has been made against me and that the claimant could request a CCJ if I do not respond.

I have added the documents to a Google Drive, I would be most appreciative of your advice please.

https://drive.google.com/file/d/1CqWlezOhd7zUoWDJJSfkLUkUwhfslHpw/view?usp=drive_link

Many thanks.

Good afternoon,

Thank you once again for your advice. I have today received the email below from DCB Legal, in response to the reply that I sent them, in accordance with your advice above. If you would be so kind, I would appreciate your further advice on their latest communication please. They have attached copies of the original notice, photos of the car, of which I am the registered keeper, signage at the area in concern, and copies of our previous correspondence. Thanks in advance.

Dear x,
 

We write in response to your correspondence received in our office.

We now respond to the same as follows.

Please find attached all evidence we currently hold on file. We confirm that prior to the event of a hearing, all relevant evidence will be provided.


If there are any documents that you have requested, but that are not attached, it is because we have deemed the request to be disproportionate and/or not relevant to the substantive issues in dispute. We respectfully draw your attention to paragraph 2.1(c) of the Protocol and remind you that both parties are expected to act reasonably and proportionately.
 

When parking on private land, the contractual terms of the site are set out on the signs. You are entering a contract and agreeing to the terms by parking and staying on the site. Parking in breach of the terms as stipulated on the signage means that you are then breaking the terms of the contract.
 

The terms and conditions on the signs stated no stopping. The vehicle was recorded stopped in an area where stopping was prohibited as is demonstrated in the photographic evidence enclosed. The parking charge ("PC") was issued correctly.
 

In order to identify the Registered Keeper of the vehicle, our client submitted a request for details to the DVLA. Your details were provided and thereafter notices were sent to you by our Client at your serviceable address. Those notices asked you to either make payment or, if you were not driving, nominate a driver by providing their name and full address. You did neither and as such you are now pursued on the basis that you were driving. On the balance of probabilities, if you were not the driver, you would have nominated.
 

The sum added is a contribution to the actual costs incurred by our Client as a result of your non-payment. Our Client’s employees have spent time and material attempting to engage in dispute resolution. This is not our Client’s usual business and the resources could have been better spent in other areas of the business. Had you of paid as per the Contract, there would have been no need for debt resolution so the amount due would not have increased.
 

For the avoidance of doubt, please see below a breakdown of the £510.00 outstanding.

 
PC no.

PC amount.

Debt recovery fee.

VCSxx

£100.00

£70.00

VCSxx

£100.00

£70.00

VCSxx

£100.00

£70.00


You now have 30 days from the date of this email to make payment of £510.00. 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: xx 
Account Number: xx

You must quote the correct case reference (xx) 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,
 

xx
Litigation Support Associate
DCB Legal Ltd