Free Traffic Legal Advice

Again, reading back through the thread, did you ever get an explanation from the CNBC as to why they resent you a copy of the N1SDT claim form several months after the issue date?

Also, we never saw what you actually put in your defence. You should have show us at least the first part of the defence up to an including all the bits you edited and added. Did you use the whole defence template?

DCB Legal discontinuances are contingent of the whole of the defence template being used. Whilst there was a whole discussion about the landowner contract, the defence only needed a simple response to the cause of action alleged in the PoC. There wasn’t a cause of action stated. The defendant only had to agree that they were the keeper of the vehicle at the time. They could acknowledge that the driver had permission from the landowner to park where they did and that was all.

The whole point of the template defence is that it covers everything, including landowner contracts, signage etc., and it can all be expanded on at WS time. If the OP didn’t use the whole defence template or edited parts of it apart from the paras about driver/keeper and the simple statement for their own para, then there is the possibility that the claimant sees a chink in the armour.

So, can we please ses the first 10 or so paragraphs of the defence submitted?

Expect another few attempts to contact you from DCB Legal, usually offering to settle for less and less. Do not waiver. They will discontinue. No need for crystal balls.

I was keen to send by registered post this time as when I emailed it last time it didn't get there.

Who told you to send anything by "registered post". Have you checked to see whether they were signed for? If someone refuses to sign for anything, all you then have is proof of non-delivery! What a waste of time and money.

How are you sure your email "didn't get there"? You can forensically prove that your email was delivered by the information in the headers of the sent email. Can you prove, assuming that someone actually signed for your post, that they actually gave it to the correct person or department or maybe they simply binned it. Who knows?

Sending anything by post to the court is fraught with issues. They are overwhelmed and it is possible that your snail mail letter is under a pile of other unopened letters.

In future, if you really insist on sending anything by snail mail, at least use the free, proof of posting service at any post office. That is all you need to prove posting. Two working days later it is deemed delivered and you can take that to court as evidence of having done your side of the work.

Did you receive a copy of the claimants bundle? (Their WS)

You should try calling the court first thing in the morning or better still, find the email address for the court (which you should have used in the first place) and email the court manager and ask what the status is of your case.

Don't the CCBC and court email addresses send back auto-acknowledgements, @b789, or am I misremembering?

I believe that this is now at the local court. The OP has sent their WS by snail mail to both the local court and the claimant/solicitor.

It'd be wise to get back on the phone and confirm then - long phone queues are, unfortunately, an inevitability with courts being as stretched as they are.

For CNBC emails, if you don't receive an instant auto-response, then you need to keep trying and, if necessary, use a different email agent. As long as the email was not bounced back with an error message, it was received by the other party. Whether they can find it or not is a problem. However, you would have proof of having sent it as evidenced in the email headers.

Just like snail mail, even if it is signed for, there is no proof that it was given or seen by whoever was meant to read it. Your job is to prove you sent it. That is the best you can do.

So, were both your recorded delivery packages signed for?

It is over. They have discontinued, as expected. They should have sent you a copy of the N279 discontinuation form. There is not much else you can do about it now.

You cannot claim any "expenses" now as they have discontinued. The only way you could have got anything out of them is if it had gone to a hearing and you'd attended and won, where you could claim up to £95 for lost wages plus any travelling expenses.

You can of course try and sue them in court but that is very difficult to prove that they've done anything contractually wrong against you.

It is a win. It cost them the court fee, any legal costs, postage and manpower. Enjoy a bit of Schadenfreude at their expense.

You could email DCB Legal with the following (just for fun):

Re: [Claim Number]

It has come to my attention that although a Notice of Discontinuance (Form N279) has been filed with the court, a copy has not been served on me as required by CPR 38.3(1)(b). This failure to serve the Notice constitutes a breach of the Civil Procedure Rules.

I expect you to serve a copy of the N279 Notice of Discontinuance on me without further delay, and in any event no later than 7 days from the date of this message.

If you fail to comply with this request within the specified timeframe, I will have no alternative but to apply for an order from the court compelling you to serve the Notice. Additionally, I will seek sanctions for non-compliance and hold you liable for all costs incurred as a result of this failure, including the costs of any application made to the court.

I hope that further court intervention will not be necessary and look forward to your prompt compliance with the CPR.