Free Traffic Legal Advice

Hi all,

Thanks for the replies so far with your help and advice.

They've now been in touch with an offer to settle for only £275. How generous of them: https://ibb.co/jRJkYVw

Do I just ignore this or reply and refuse?


Best wishes,
Dan

Hi all,

Received more comms from DCB Legal, they've now reverted to postal format after requesting and contacting via email previously, for 'tactical reasons' it appears, see below.

• They've indicated that their client wants to go to court, but we can settle within 7 days of the letter
• Notice how it's dated 8 days ago but only dropped through the mail box today.... https://ibb.co/dbMgfpc

They also attached a copy of their paperwork for court, presume this is just a scare tactic used: https://ibb.co/FVnpLVg


Is this just a final attempt at a settlement before dropping it?


Thanks as always,
Dan

Ig more. It's all standard and as expected. You have received a copy of their DQ. You will eventually receive your own DQ. Check your MCOL history to see when yours has been sent.

In anticipation and to get ahead of the game, you can download your own here:

https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf

Fill it in online and you can sign it by simply typing your full name for the signature. When you see that yours has been sent in your MCOL history, you simply send yours in a single email addressed to both dq.cnbc@justice.gov.uk and info@dcnlegal.co.uk and CC in yourself.

Thanks for this b789, just double checking that the second email address is a typo and should be the info@dcblegal ? Or is this another government email address that I'm unfamiliar with.

Thanks,
Dan

Hello again,

Happy New Year, is it too late to say that?


The defendant has now received a mediation appointment from HMC and Tribunals for the end of this month.
Needless to say they're panicking a fair bit about what this means, how likely it is to be dropped etc.

Any general do's or don'ts apart from admitting fault/guilt and saying they'll pay the fine of course 


Many thanks as always,
Dan

Nothing to panic about. The mediation call is not part of the judicial process and there is no judge or solicitors involved.

The only requirement is to "attend" the call. You offer £0 and it is over in minutes. It has no bearing on anything going forwards.

The mediator is not legally trained and if they ask about your defence or offer any opinion, tell them that the claimant has a copy of the defence and ask them what their legal qualification is that allows them to give an opinion if they're offering one.

Thanks, defendant followed the advice above.

Are we likely to see the claimant drop this now, or are they likely to pursue with several more 'reduced rate offers' of settlement?

This will either be struck out at allocation stage which is after it is transferred to your local county court or around a month before the hearing date when the hearing fee becomes due.

It will depend on how busy or backlogged your local county court is.

Thanks, the defendant has received a "Notice of transfer of Proceedings" today in the post to say it's been transferred to the local court for allocation.

I presume it's when they (the local court) come to review at this stage they may opt to strike out based on your above message?


Thanks as always,
Dan

Once the case management judge reviews the case, they will either order that the claim is struck out or for the claimant to submit further PoC which you will then be able to submit an amended defence or simply allocate a hearing date with deadlines for Witness Statement (WS).

Please let us know when the allocation judge sends you a letter with the order.

Nothing from the courts, yet.

The defendant did receive an email a couple of days ago from 'DCB Legal' offering a settlement of £150. I'm guessing they anticipate this being struck out and are just trying to get something from it before that has chance to happen?

This is a slow process and can take many months because the courts are overwhelmed with cases. Just ignore all offers of a settlement from DCB Legal and they will discontinue before they have to pay a hearing fee if the allocation judge doesn't strike the claim out first.

The defendant has now received (yesterday via post) a "Notice of Allocation to the Small Claims Track (Hearing)" after the district judge has reviewed the statements of case.
The letter goes on to state the claimant must pay a small fee (£27) by 4th April, otherwise it will be struck out. I presume they won't actually pay this and it will be struck out?

As today the defendant has received another email with a new reduced rate of offer to settle for £80 from DCB Legal.

The letter states the defendant needs to submit a statement of witnesses (including themselves) no later than 14 days before the court hearing date. So it looks like they'll have to do this as the deadline for it being struck out and the court date is only 10 days apart - is there anything 'special' they need to prepare/send?

Many thanks for all help as always!