Author Topic: Received a court claim form for overstaying in a supermarket carpark  (Read 13491 times)

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #105 on: »
Done :)
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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #106 on: »
They’ve consulted the Claimant, or at least claim to have. This shows they’re now taking your costs application seriously. They’re offering £20 against your £104.50 claim, which is less than 20% of the amount sought — plainly not a serious or fair offer. Also, they’ve again marked the letter "without prejudice", which means you can’t show it to the judge unless you reject it and later argue costs were unreasonably contested.

Email them back with the following response to info@dcblegal.co.uk and CC in yourself:

Quote
Subject: Re: [Claim Number] – Costs Hearing

Dear Sirs,

Thank you for your offer of £20. I do not consider this to be a reasonable or proportionate settlement in view of the circumstances and the time and effort caused by the Claimant's failure to serve the Notice of Discontinuance.

My original claim of £104.50 remains. If a reasonable offer is not forthcoming, I will attend the hearing as listed on 25 September 2025 and will also be seeking additional costs for attending the hearing, including loss of earnings and travel expenses where applicable, in accordance with CPR 27.14(2)(g) and (3).

This hearing could have been avoided had the Claimant acted reasonably at an earlier stage, and I respectfully suggest that the Claimant consider making a revised offer in good faith before further unnecessary costs are incurred.

Yours faithfully,

[Your Name]

Just realised that I didn't CC myself!

Should I resend so that I can CC myself. It is of course saved already in my Sent Folder. I think I was just overjoyed at the next step that I didn't finish reading the sentence!

Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #107 on: »
No. The only reason I advise everyone to CC themselves when sending emails to an adversary, is so that you can show that the email was sent and also received back. It also shows on the recipients email headers that a copy was also CC'd back to the sender. They cannot later turn around and say that they never received when you have evidence that it was sent.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #108 on: »
No. The only reason I advise everyone to CC themselves when sending emails to an adversary, is so that you can show that the email was sent and also received back. It also shows on the recipients email headers that a copy was also CC'd back to the sender. They cannot later turn around and say that they never received when you have evidence that it was sent.

Understood :)

Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #109 on: »
No. The only reason I advise everyone to CC themselves when sending emails to an adversary, is so that you can show that the email was sent and also received back. It also shows on the recipients email headers that a copy was also CC'd back to the sender. They cannot later turn around and say that they never received when you have evidence that it was sent.

Hi there,

I just received this from them, what do you reckon?

"Dear Sirs,

WITHOUT PREJUDICE

We write further to your recent email.
Upon review of this matter with our Client, our Client would be agreeable to paying you £60.00 in full and final settlement of your costs.
Should you be agreeable, please provide the following information so our Accounts department can make payment of £60.00 to you:

Account name
Account Number
Sort Code
Kind Regards, 

Alexandria Owens

DCB Legal Ltd  "

Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #110 on: »
DCB Legal offering you £60 is a sign they know they're on the back foot. They started at £20, which was laughable, and now they've upped it to £60 because they can see you’re serious and the court is taking this seriously too.

Let’s be honest: they are trying to extract the urine. They know they’re going to get a spanking in court for failing to notify you properly and for wasting your time. Now they’re trying to wriggle out of paying you what you’re actually owed.

You’ve claimed £104.50, and it’s a solid, reasonable claim. If you go to the hearing, you could also ask for extra costs like travel and time off work to attend the hearing, which would increase the total even more.

So you’ve got three choices:

1. Take the £60 – it ends things now, but you’re letting them off lightly. Only do this if you just want it over with.
2. Make a counter-offer – say you’ll take £90 to settle. That still avoids the hearing but makes it clear you're not going to be messed about.
3. Go to the hearing – you’ve got a strong case, and if the judge agrees with you (which seems likely), you could get the full amount plus more. And frankly, they deserve to be dragged in front of a judge for the way they’ve handled this.

Whatever you decide, don’t let them pressure you. You’ve done nothing wrong, and the court has already backed you by listing the hearing. They’re only making offers because they know they’ve screwed up.

Let us know what you want to do.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #111 on: »
DCB Legal offering you £60 is a sign they know they're on the back foot. They started at £20, which was laughable, and now they've upped it to £60 because they can see you’re serious and the court is taking this seriously too.

Let’s be honest: they are trying to extract the urine. They know they’re going to get a spanking in court for failing to notify you properly and for wasting your time. Now they’re trying to wriggle out of paying you what you’re actually owed.

You’ve claimed £104.50, and it’s a solid, reasonable claim. If you go to the hearing, you could also ask for extra costs like travel and time off work to attend the hearing, which would increase the total even more.

So you’ve got three choices:

1. Take the £60 – it ends things now, but you’re letting them off lightly. Only do this if you just want it over with.
2. Make a counter-offer – say you’ll take £90 to settle. That still avoids the hearing but makes it clear you're not going to be messed about.
3. Go to the hearing – you’ve got a strong case, and if the judge agrees with you (which seems likely), you could get the full amount plus more. And frankly, they deserve to be dragged in front of a judge for the way they’ve handled this.

Whatever you decide, don’t let them pressure you. You’ve done nothing wrong, and the court has already backed you by listing the hearing. They’re only making offers because they know they’ve screwed up.

Let us know what you want to do.

Definitely option 3. Because when the shoe is on the other foot, they're brutal with the way they escalate charges on people.
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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #112 on: »
DCB Legal offering you £60 is a sign they know they're on the back foot. They started at £20, which was laughable, and now they've upped it to £60 because they can see you’re serious and the court is taking this seriously too.

Let’s be honest: they are trying to extract the urine. They know they’re going to get a spanking in court for failing to notify you properly and for wasting your time. Now they’re trying to wriggle out of paying you what you’re actually owed.

You’ve claimed £104.50, and it’s a solid, reasonable claim. If you go to the hearing, you could also ask for extra costs like travel and time off work to attend the hearing, which would increase the total even more.

So you’ve got three choices:

1. Take the £60 – it ends things now, but you’re letting them off lightly. Only do this if you just want it over with.
2. Make a counter-offer – say you’ll take £90 to settle. That still avoids the hearing but makes it clear you're not going to be messed about.
3. Go to the hearing – you’ve got a strong case, and if the judge agrees with you (which seems likely), you could get the full amount plus more. And frankly, they deserve to be dragged in front of a judge for the way they’ve handled this.

Whatever you decide, don’t let them pressure you. You’ve done nothing wrong, and the court has already backed you by listing the hearing. They’re only making offers because they know they’ve screwed up.

Let us know what you want to do.

Definitely option 3. Because when the shoe is on the other foot, they're brutal with the way they escalate charges on people.

Might we look unreasonable for not accepting 2 offers while not offering a counter of my own? or does that come down to how a reply is framed? It all seems a bit of a risk for them because a solicitor can't be cheap. Whether it is to handle this or attend a hearing.
« Last Edit: June 23, 2025, 02:00:09 pm by DontStandForNonsense »

Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #113 on: »
It is without prejudice, so they can't use it in court. Only after the judge has decided the case, can he refer to any costs.

You already responded once to their first offer. You are within your rights to pursue the full £104.50, and the court listing shows that the judge already views your claim as arguable.

Here is a response you can make. It is deliberately not marked "without prejudice", does not disclose the content of their offer, and is written so that you can show it to the judge if needed to demonstrate your reasonableness and resolve:

Quote
Subject: Re: [Claim Number] – Costs Hearing

Dear Sirs,

I note your recent correspondence and the suggestion that this matter might be resolved without a hearing.

For clarity, I have made no change to my position. My claim for costs in the sum of £104.50 remains, and I consider this a modest and reasonable amount in light of the time, inconvenience, and stress caused by the failure to notify me of the Claimant’s discontinuance.

I remain willing to engage with any genuine and proportionate attempt to resolve this matter. However, I will not accept a settlement that fails to reflect the costs I have incurred as a result of the Claimant’s conduct.

If no agreement is reached before the hearing, I will attend as listed and also seek additional costs under CPR 27.14(3) relating to travel and loss of earnings.

Yours faithfully,

[Your Name]

Keep turning the screws.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #114 on: »
It is without prejudice, so they can't use it in court. Only after the judge has decided the case, can he refer to any costs.

You already responded once to their first offer. You are within your rights to pursue the full £104.50, and the court listing shows that the judge already views your claim as arguable.

Here is a response you can make. It is deliberately not marked "without prejudice", does not disclose the content of their offer, and is written so that you can show it to the judge if needed to demonstrate your reasonableness and resolve:

Quote
Subject: Re: [Claim Number] – Costs Hearing

Dear Sirs,

I note your recent correspondence and the suggestion that this matter might be resolved without a hearing.

For clarity, I have made no change to my position. My claim for costs in the sum of £104.50 remains, and I consider this a modest and reasonable amount in light of the time, inconvenience, and stress caused by the failure to notify me of the Claimant’s discontinuance.

I remain willing to engage with any genuine and proportionate attempt to resolve this matter. However, I will not accept a settlement that fails to reflect the costs I have incurred as a result of the Claimant’s conduct.

If no agreement is reached before the hearing, I will attend as listed and also seek additional costs under CPR 27.14(3) relating to travel and loss of earnings.

Yours faithfully,

[Your Name]

Keep turning the screws.

That makes total sense. I've just sent it.

Thank you :)

Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #115 on: »
It is without prejudice, so they can't use it in court. Only after the judge has decided the case, can he refer to any costs.

You already responded once to their first offer. You are within your rights to pursue the full £104.50, and the court listing shows that the judge already views your claim as arguable.

Here is a response you can make. It is deliberately not marked "without prejudice", does not disclose the content of their offer, and is written so that you can show it to the judge if needed to demonstrate your reasonableness and resolve:

Quote
Subject: Re: [Claim Number] – Costs Hearing

Dear Sirs,

I note your recent correspondence and the suggestion that this matter might be resolved without a hearing.

For clarity, I have made no change to my position. My claim for costs in the sum of £104.50 remains, and I consider this a modest and reasonable amount in light of the time, inconvenience, and stress caused by the failure to notify me of the Claimant’s discontinuance.

I remain willing to engage with any genuine and proportionate attempt to resolve this matter. However, I will not accept a settlement that fails to reflect the costs I have incurred as a result of the Claimant’s conduct.

If no agreement is reached before the hearing, I will attend as listed and also seek additional costs under CPR 27.14(3) relating to travel and loss of earnings.

Yours faithfully,

[Your Name]

Keep turning the screws.

They have replied by upping their offer. Honestly, it's a bit pathetic that a business generating as much ill gotten gains as them, should be so tight an draw out the process instead of just accepting the request once it is understood they're on a loser.

"Dear Sirs,
 
WITHOUT PREJUDICE

We write further to your recent email.

Upon review of this matter with our Client, our Client would be agreeable to paying you £85.00 in full and final settlement of your costs.

Should you be agreeable, please provide the following information so our Accounts department can make payment of £85.00 to you:

Account name
Account Number
Sort Code
 
Kind Regards, 

Luke Kirby

DCB Legal Ltd  "

Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #116 on: »
You can just ignore it or have fun with their puny minds and reply saying that the original amount is not sufficient anymore as you've now had to expend even more time and effort dealing with their pathetic attempts to wriggle out of their responsibilities and the amount you will be seeking in full and final settlement is now £200 (or whatever sum you think is reasonable for your endeavours).

Here is a suggested response:

Quote
Subject: Re: [Claim Number] – Costs Hearing

Dear Sirs,

I note your latest correspondence and purported offer. Unfortunately, due to the further time and effort I have now had to spend responding to your repeated, inadequate proposals and unnecessary correspondence, my position has changed.

The amount of £104.50 initially claimed is no longer sufficient to cover the total costs I have now incurred as a direct result of your client’s conduct, and I will be amending my costs schedule to reflect this. I will now be seeking £200 in full and final settlement, which represents the total time, effort, and expense incurred in this matter, including preparation for the upcoming hearing.

This revised figure is not a negotiating position. It is a final opportunity to resolve the matter without further cost or inconvenience. If this is not agreed within 7 days, I will proceed to the hearing and seek the full amount, plus any further expenses incurred in attending.

Yours faithfully,

[Your Name]

Notes:

• It’s not marked “without prejudice” so you can show it to the judge.
• It justifies the higher amount — not as punishment, but as compensation for further time spent.
• It makes you look assertive, but not unreasonable.
• It turns the tables — you are now making the final offer.

Let me know if you’d like to attach a revised costs breakdown or want to prepare a short addendum to your statement to reflect the increased claim.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #117 on: »
You can just ignore it or have fun with their puny minds and reply saying that the original amount is not sufficient anymore as you've now had to expend even more time and effort dealing with their pathetic attempts to wriggle out of their responsibilities and the amount you will be seeking in full and final settlement is now £200 (or whatever sum you think is reasonable for your endeavours).

Here is a suggested response:

Quote
Subject: Re: [Claim Number] – Costs Hearing

Dear Sirs,

I note your latest correspondence and purported offer. Unfortunately, due to the further time and effort I have now had to spend responding to your repeated, inadequate proposals and unnecessary correspondence, my position has changed.

The amount of £104.50 initially claimed is no longer sufficient to cover the total costs I have now incurred as a direct result of your client’s conduct, and I will be amending my costs schedule to reflect this. I will now be seeking £200 in full and final settlement, which represents the total time, effort, and expense incurred in this matter, including preparation for the upcoming hearing.

This revised figure is not a negotiating position. It is a final opportunity to resolve the matter without further cost or inconvenience. If this is not agreed within 7 days, I will proceed to the hearing and seek the full amount, plus any further expenses incurred in attending.

Yours faithfully,

[Your Name]

Notes:

• It’s not marked “without prejudice” so you can show it to the judge.
• It justifies the higher amount — not as punishment, but as compensation for further time spent.
• It makes you look assertive, but not unreasonable.
• It turns the tables — you are now making the final offer.

Let me know if you’d like to attach a revised costs breakdown or want to prepare a short addendum to your statement to reflect the increased claim.

Thank you very much.

Just a few questions to understand your response better.

• It’s not marked “without prejudice” so you can show it to the judge.

Do you mean that the 'without prejudice' he has cited can't be applied?


In your experience, what sort of time spent do you think would would be a range of time/effort spent for £200 to be reasonable? I want to be very careful not to be perceived as taking the Mick.

Let me know if you’d like to attach a revised costs breakdown or want to prepare a short addendum to your statement to reflect the increased claim.

If you think we should provide a cost breakdown?

Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #118 on: »
I am not advising you increase your costs application for the sake of it. I am suggesting that you can do so if you want and it will give DCB Legal an even bigger headache. It is not required unless you have actually spent more time on this. Considering I'm doing most of your legwork, maybe you shouldn't. It's up to you.

If you do, judges appreciate when litigants-in-person are proportionate and honest. If you’re claiming £200, it needs to reflect genuine and clearly justifiable time and expenses, especially since you originally claimed £104.50.

Here’s a realistic breakdown that could support a £200 claim without it appearing inflated:

Suggested costs breakdown (reasonable and defensible)

1. Time spent (litigant-in-person rate: £19/hour under CPR 46.5)

• Reviewing the claim and preparing initial response: 1.5 hours = £28.50
• Researching CPR 27.14 and preparing your initial costs application: 1.5 hours = £28.50
• Time spent contacting the court to discover discontinuance: 0.5 hour = £9.50
• Responding to DCB Legal's correspondence (4+ letters/emails): 1.5 hours = £28.50
• Preparing and finalising witness statement and costs schedule: 1.5 hours = £28.50
• Preparing for the hearing, reviewing CPR, drafting order, and documents: 2 hours = £38.00
• Printing, collating, and document prep for court bundle: 0.5 hour = £9.50

Subtotal for time: 9 hours = £171.00

2. Disbursements (direct out-of-pocket expenses)

• Printing and postage: £5.00–£10.00 (reasonable estimate)
• Travel to/from court (if applicable): e.g. £10.00–£15.00
(Can be claimed as mileage at 45p/mile or standard-class public transport)

Total disbursements: £15.00 (adjust as needed)

Total = approx. £186.00 – £200.00

This is a solid and justifiable range for a self-represented person in a case that’s gone through:

• Claim issue,
• Discontinuance (without notice),
• Costs application,
• Ongoing correspondence,
• Hearing preparation.

Stay credible:

[/indent]• Round conservatively (e.g. say 8.5 or 9 hours, not 10 or 11).
• Avoid double-counting tasks.
• Be specific in your witness statement — say what you did and why it was necessary.
• Include receipts if you claim travel, or specify the mileage and rate.[/indent]

Let me know your final figure and I can draft your updated costs schedule and revised witness statement to reflect the £200 claim, but make sure you are not over inflating your request.

Regarding the "without prejudice", I was referring to your correspondence that has been sent to DCB Legal. As your correspondence is not marked "without prejudice" it can be referred to and shown to the judge before any decision is made.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #119 on: »
Quote
Considering I'm doing most of your legwork, maybe you shouldn't.
This is a fair consideration. Time that b789 has spent writing things for you can't be claimed as your time. Time that you have spent doing things can.

One potential risk with changing the amount is that it opens the door for the parking company to say "We tried to negotiate in good faith, then the claimant moved the goalposts X months in".

You can argue the contrary of course and explain why you believe the additional costs are necessary, but it's good to be mindful of the risk.

I'm also not advocating one course of action over another, but it's good to be cognizant of the potential risk and reward in each scenario.

Some questions to ask yourself perhaps... What was your original goal when you received the court claim form? If they cave in and agree to pay your £105 demand, will you be disappointed with this conclusion?