Author Topic: Letter of Claim - DCB Legal  (Read 6937 times)

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Re: Letter of Claim - DCB Legal
« Reply #30 on: »
You are way overthinking this. You’re reading far too much into that complaint response.

Let me be absolutely clear: this case is not heading for a hearing. Not in any realistic universe. DCB Legal’s business model on single private parking claims is simple:

• Fire off bulk, low-quality claims with slurry template Particulars of Claim.
• Hoover up easy default judgments and scared people who pay when they see “court”.
• Where a defendant files a competent defence and follows the process, quietly discontinue before the trial fee is due.

That is what they do. Over and over again. We only scratch the very tip of the iceberg and we have sight of well over 700 discontinuances over the last couple of years.

On this forum, for properly defended single-PCN claims run by DCB Legal, the pattern is effectively 100%: they fold before a hearing. The statistical chance of your defended claim, with a CPR 16.4 defence and the Mazur/Ensall issue flagged, actually reaching a final hearing is not just “low” – it is vanishingly small. I am talking well under 1 in 1,000 based on what we know and experience.

That’s why I say – and stand by – that if this ever gets as far as a hearing, I’ll eat my hat and help you with your witness statement. I am that confident it won’t happen.

A few specifics:

• Their line about “we intend to proceed” and “we are reviewing our processes” is pure face-saving. They cannot write “you’ve nailed us on Mazur and we’re backing off”; they have to maintain the pretence that everything is fine and they’re marching resolutely towards trial.
Mazur and the Legal Services Act point are already doing their job by sitting on the court file and with the SRA. You’ve raised legitimate issues. Their boilerplate attempt to brush it off doesn’t make those issues disappear.
• The £100 you paid to DRP absolutely counts. DRP were acting as the client’s agent. Payment to an authorised agent is payment to the principal. At witness statement stage (if we even get that far) you will:

• Exhibit the DRP demand for £100 for this exact PCN; and
• Exhibit your bank statement showing £100 paid to DRP; and
• Explain that the principal sum was paid long before proceedings and what’s now being chased is made-up add-ons and duplication.

As for what you do now:

• You do not need to reply to that “complaint closed” email at all.
• You have already:

• Filed your defence focused on their defective Particulars of Claim, and
• Emailed the court about the Mazur/Ensall issue, and
• Reported the matter to the SRA.

Those boxes are ticked. Nothing you say to a “Complaints and Compliance Associate” will alter the trajectory of the claim.

The next meaningful step will come from the court, not from DCB Legal. When the court sends you the Notice of Allocation and directions (naming your local court and giving a trial fee deadline), post that up.

But I repeat, so you don’t lose sleep over this: on a defended, single-ticket Euro Car Parks claim run by DCB Legal, with this defence on file and the Mazur/SRA issues raised, the realistic probability of you ever sitting in front of a judge is effectively zero.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Letter of Claim - DCB Legal
« Reply #31 on: »
As always thanks for the advice in the last post and Happy  New Year 🎉

I have received my mediation date now of 9th January.  Do I consider any offers to settle in that (e.g.agree to pay have for the additional admin costs so £35) do I just say that I have already paid and so am not willing to pay twice and so will go to court if needed…?

Thanks,
Helen

Re: Letter of Claim - DCB Legal
« Reply #32 on: »
As I already advised, mediation is NOT part of the judicial process and the mediator is not legally trained. No judge is involved. The whole mediation call is a complete waste of everyones time. You DO NOT try and negotiate any settlement. Simply ask the questions as advised above and offer £0. It will be over in minutes.

You will NOT be paying a penny to anyone. I can assure you that once the claim is transferred to your local county court, if the procedural judge does not strike the claim out, DCB Legal will discontinue just before they are required to pay the £27 trial fee. That will then be the end of the matter.

Do not scupper that outcome by trying to overthink this. We have over 750 discontinuations from DCB Legal over the last couple of years. No claim for under £600 ever reaches a hearing. If not struck out, they WILL discontinue.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Re: Letter of Claim - DCB Legal
« Reply #33 on: »
Hi,
 
So I have had my mediator appointment now (my mistake it was 9th Feb not 9th Jan) and mediator was very nice, he went through everything with me then called DCBL and they offered to settle for £220.
 
Obviously I said no but honestly I was expecting a lower offer (even though I would still have said no) so is usual for them to come with an offer this high?
 
They also said they had not had any evidence from me of the £100 payment – this is not true as I provided via email and so have the evidence of that.
 
DCBL have also tried to call me a several times (inc. four times this last week since mediation and automated voicemail message asking to call them back), I was working anyway so didn’t answer and as I want anything in writing but if they call again am I OK to continue ignoring or should I respond to let them know I want things in writing (i.e. would the court if it gets that far look badly on me not answering).
 
In terms of next steps, mediator advised I will get a court date but it maybe 6-12months, in terms of knowing if DCBL will proceed will they usually make that determination when have to pay the (additional) court fee as it sounds like they have already had to pay an initial fee (per mediation email)
 
Note: I don’t know if this has any impact but my nearest court is Crewe and DCBL being based in Runcorn that is close by and so just wondering if they are more likely to pursue cases that are close / easy for them to attend….?
 
Thanks,
Helen.

Re: Letter of Claim - DCB Legal
« Reply #34 on: »

Below is the actual email I got following the mediation:
 
Mediation Not Settled

Claim number: XXXXXXXX

Parties: EURO CAR PARKS LIMITED v HELEN XXXXXXX

Thank you for using the Small Claims Mediation Service today.

Although a settlement could not be reached on this occasion the parties are reminded that Court is considered a last resort and in which case both parties are encouraged to continue to communicate where possible in an attempt to resolve the claim, you may find that today's mediation gives you both a base upon which to build on.

If the parties can satisfactorily resolve the matter without the need of the Court, the Claimant should complete a notice of discontinuance using the appropriate form in the link and file it with the appropriate Court; N279 - w3 Notice of discontinuance (6.99) (publishing.service.gov.uk) or update Online Civil Money Claims through your account.
If not already done so. the claim will now be transferred out of our business centre to a court where standard directions will be given and you will be notified in writing of the next stages to follow. It is important that both parties follow these instructions and adhere to the timetable set down by the Court which will include a further court fee and a final hearing for determination of the matter. Further information can be found at; Make a court claim for money: What a court claim is - GOV.UK (www.gov.uk)
Many thanks for your participation in Mediation.

Re: Letter of Claim - DCB Legal
« Reply #35 on: »
Just bumping this up so for a reply and just to add DCBL tried to call me again yesterday, thank you

Hi,
 
So I have had my mediator appointment now (my mistake it was 9th Feb not 9th Jan) and mediator was very nice, he went through everything with me then called DCBL and they offered to settle for £220.
 
Obviously I said no but honestly I was expecting a lower offer (even though I would still have said no) so is usual for them to come with an offer this high?
 
They also said they had not had any evidence from me of the £100 payment – this is not true as I provided via email and so have the evidence of that.
 
DCBL have also tried to call me a several times (inc. four times this last week since mediation and automated voicemail message asking to call them back), I was working anyway so didn’t answer and as I want anything in writing but if they call again am I OK to continue ignoring or should I respond to let them know I want things in writing (i.e. would the court if it gets that far look badly on me not answering).
 
In terms of next steps, mediator advised I will get a court date but it maybe 6-12months, in terms of knowing if DCBL will proceed will they usually make that determination when have to pay the (additional) court fee as it sounds like they have already had to pay an initial fee (per mediation email)
 
Note: I don’t know if this has any impact but my nearest court is Crewe and DCBL being based in Runcorn that is close by and so just wondering if they are more likely to pursue cases that are close / easy for them to attend….?
 
Thanks,
Helen.
« Last Edit: Yesterday at 03:08:52 pm by helenwhite00 »