3. Received a court claim form for overstaying in a supermarket carpark
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b789

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #60 on: November 18, 2024, 11:54:49 am »
Yes, if Reading is your local county court.
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DontStandForNonsense

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #61 on: December 03, 2024, 01:37:55 pm »
Quote from: b789 on November 05, 2024, 01:51:00 pm
When the case management judge reads the defence they will either order the claimant to provide detailed PoC or strike the claim out. If they don't, they will order a trial date. At some point just before the claimant has to pay the trial fee, they will discontinue.

So We received:

1. A letter titled 'Notice of Allocation to the Small Claims Track (Hearing)' and dated the 1st of Dec 2024
2. A second letter almost immediately after titled 'Notice of Trial Date' and dated 2nd of Dec 2024. Trial date sent for the 2nd of April 2025.

Both are a bit tricky to understand, or at least be certain of the meaning. I'm hoping this is all standard stuff but I understood your earlier messages correctly, there's nothing to be done still?
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b789

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #62 on: December 03, 2024, 03:04:48 pm »
These are standard letters. However, please show them to us, redacting only your personal information and the claim number. Everything else can be shown.

Even if nothing else was done by you, this would eventually be discontinued. However, as the allocation judge has not issued the order, we will need to send a skeleton argument. Please show us the letters you received first.
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DontStandForNonsense

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #63 on: December 03, 2024, 04:28:11 pm »
Quote from: b789 on December 03, 2024, 03:04:48 pm
These are standard letters. However, please show them to us, redacting only your personal information and the claim number. Everything else can be shown.

Even if nothing else was done by you, this would eventually be discontinued. However, as the allocation judge has not issued the order, we will need to send a skeleton argument. Please show us the letters you received first.

Thank you, I'll upload them and link them in.

PS, my partner keeps having missed calls from what must be the legal company representing the claimant, called DCB Legal. They've called us a few times but if my wife doesn't recognise the number, usually doesn't answer. They've called a few times. Left me wondering what they might want. Any ideas?
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b789

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #64 on: December 03, 2024, 05:56:28 pm »
They will want to settle out of court. Do not even try to do so. They will eventually discontinue. If you are getting unwanted calls from them (or anyone) simply block the number.

You certainly don't want any communications from them that is not in writing. A phone call is not worth the paper it is not written on. They will eventually send your "without prejudice" offer. Again, simply ignore them and wait for the N279 Notice of Discontinuation (NoD).

It is up to DCB Legal to send a copy to the defendant. However, they often conveniently forget to do so with the defendant showing up at court only to find out they had discontinued weeks or months earlier. If you've not heard from them within a month of the hearing date, phone the court to check whether they have discontinued and neglected to let you know.

In the meantime, I am drafting a letter to see if the allocation judge will set aside the order for the hearing as they have not issued the order that was attached to the defence. Whether that is because they never received a copy of it from the CNBC or just didn't issue it, we don't know.

Either way, as mentioned, they will discontinue anyway. Always more satisfying if you can get the claim struck out on your terms rather than discontinued on theirs.
« Last Edit: December 03, 2024, 06:03:43 pm by b789 »
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H C Andersen

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #65 on: December 03, 2024, 07:12:50 pm »
To give you a break from and putting procedure to one side for a moment:

We just came back from holiday to find a claim form stating that we overstayed  at a supermarket car park on the 27 of November last year.

The sum is £262.96! but we received nothing prior to this. Should I not have received some sort of parking ticket first with an option to contest it?


So, the keeper had no other notices, in particular the Notice to Keeper or Letter of Claim.

So,

1. Is the address on the claim the same in all respects as the V5C of the vehicle concerned?
2. Can you think of any reason why these notices(probably amongst others) would not have been received?

3. Has the keeper at any time made direct contact with the claimant?
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DontStandForNonsense

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #66 on: December 04, 2024, 08:53:29 am »
Quote from: b789 on December 03, 2024, 05:56:28 pm
They will want to settle out of court. Do not even try to do so. They will eventually discontinue. If you are getting unwanted calls from them (or anyone) simply block the number.

You certainly don't want any communications from them that is not in writing. A phone call is not worth the paper it is not written on. They will eventually send your "without prejudice" offer. Again, simply ignore them and wait for the N279 Notice of Discontinuation (NoD).

It is up to DCB Legal to send a copy to the defendant. However, they often conveniently forget to do so with the defendant showing up at court only to find out they had discontinued weeks or months earlier. If you've not heard from them within a month of the hearing date, phone the court to check whether they have discontinued and neglected to let you know.

In the meantime, I am drafting a letter to see if the allocation judge will set aside the order for the hearing as they have not issued the order that was attached to the defence. Whether that is because they never received a copy of it from the CNBC or just didn't issue it, we don't know.

Either way, as mentioned, they will discontinue anyway. Always more satisfying if you can get the claim struck out on your terms rather than discontinued on theirs.

Here is the link to pictures of the photos. They are a little bit jumbled (not sure how to re-order them!)

Link to court letters
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DontStandForNonsense

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #67 on: December 04, 2024, 08:55:38 am »
Quote from: H C Andersen on December 03, 2024, 07:12:50 pm
To give you a break from and putting procedure to one side for a moment:

We just came back from holiday to find a claim form stating that we overstayed  at a supermarket car park on the 27 of November last year.

The sum is £262.96! but we received nothing prior to this. Should I not have received some sort of parking ticket first with an option to contest it?


So, the keeper had no other notices, in particular the Notice to Keeper or Letter of Claim.

So,

1. Is the address on the claim the same in all respects as the V5C of the vehicle concerned?
2. Can you think of any reason why these notices(probably amongst others) would not have been received?

3. Has the keeper at any time made direct contact with the claimant?

Hi there,

1. Yes, V5C address is correct.
2. I wish
3. None at all
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b789

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #68 on: December 04, 2024, 09:36:00 am »
If you haven't received a copy of the N279 Notice of Discontinuation by the 5th March 2025, call the court the next day to confirm that the trial fee has been paid (unlikely).

In the unlikely event that the fee is paid and the hearing is going ahead, you will need a Witness Statement to be submitted no later than 14 days before the hearing date. So, you'll have plenty of time between 6th March 2025 and 19th March to prepare a WS if the need ever arises.
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