Author Topic: UK Parking Control Limited & DCB Legal LTD – Not Parked Correctly Within The Markings of The Bay Or Space – Beckton Tria  (Read 489 times)

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correcthaunt

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Hi @b789,

HNY!

Got the below letter from the court earlier today:


No new updates on MCOL.

b789

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

correcthaunt

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Hi @b789,

The below response from DCB was sent over, saying that they have reviewed my defence and that their client intends to proceed, and that I can call them to discuss settlement. They also included a copy of their N180DQ.



MCOL is still unchanged;
•   Your acknowledgment of service was submitted on 09/12/2024 at 15:42:35
•   Your acknowledgment of service was received on 09/12/2024 at 16:05:06
•   Your defence was received on 21/12/2024

Questions
1.   I guess they need to now actually post it to the court, right? They also asked for the court hearing to be near their address.
2.   Does that mean I would need to go up north if this was to go to court?
3.   What does it need to say for me to be able to send the N180DQ?

b789

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Ignore what they put in their DQ. It will be allocated to your local court.

To answer your questions:

1. Who cares and ignore.
2. No.
3. Your MCOL history will say that your N180 DQ has been sent.

When you receive your own N180 (make sure it is not simply a copy of the claimants N180), do not use the paper form. Ignore all the other forms that came with it. you can discard those.

If your MCOL says it has been sent but you haven’t received it yet, just download your DQ own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.

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

Here are the answers to some of the less obvious questions:

• The name of the court is "Civil National Business Centre".

• To be completed by "Your full name" and you are the "Defendant".

• C1: "YES"

• D1: "NO". Reason: "I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question
.."

• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option

• F3: "1".

• Sign the form by simply typing your full name for the signature.

When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.
« Last Edit: January 19, 2025, 12:41:15 am by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

correcthaunt

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Quote
When you receive your own N180 (make sure it is not simply a copy of the claimants N180), do not use the paper form. Ignore all the other forms that came with it. you can discard those.

Yes this just came through in the post today.


 
Quote
If your MCOL says it has been sent but you haven’t received it yet, just download your DQ own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.

I have it on MCOL as well:



Quote
• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option
Thanks for the help with the form @b789, I have done exactly as you said and put down: “Central London County Court Thomas More Building Strand London WC2A 2LL I am in London so much that it's much easier for me than in Bristol.”

Would this be an issue to have it in London given my home address is in Bristol? I am in London so much that it’s much easier for me than in Bristol.

Quote
When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.
As soon as you confirm regarding the court address I will do that. Do I need to send them anything else? Like my defence etc? or just the DQ form?

DWMB2

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If you've given a good reason (which you have) I imagine they will accommodate your request.

correcthaunt

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If you've given a good reason (which you have) I imagine they will accommodate your request.

Understood thank you for this. This has now been sent:


And got an auto-response from both parties:

Court:


DCB Legal:


@b789 has kindly explained that this case is 99% likely to be discontinued.

Quote
You will receive your own DQ and you will have to complete it and send it to both the court and DCB Legal. After that you will receive a date for a mediation phone call. You are required to "attend" the call but it is not part of the actual judicial process and does not involve any judge or solicitor. It is a complete waste of time in cases like this and you simply offer £0 and I tis over in minutes and has no bearing on the process.

Eventually the case will be allocated to your local county court and you'll receive a date for a hearing if the claim hasn't already been struck out. The claimant has to pay the £27 trial fee around a month before the hearing. They will discontinue before having to pay that fee.

If they don't and you are the only one out of thousands I will have seen that has to go all the way to a hearing, you'd have to make your Witness Statement and send it to the court no later than (usually) 14 days before the hearing.

I will confirm once I had the phonecall. And if there is any help needed with the Witness Statement.
« Last Edit: January 24, 2025, 03:40:24 pm by correcthaunt »

b789

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Trust me, whichever court you select, it will never reach a hearing stage and will be discontinued.
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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correcthaunt

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Claim History was updated
DQ sent to you on 21/01/2025
DQ filed by claimant on 21/01/2025
You filed a DQ on 28/01/2025

And I got a Confirmation e-mail for a Mediation Appointment in early March. I do have a couple of questions regarding the e-mail:
1.
Quote
You must make sure you have provided us with, or confirmed, the name and number of the person who will be conducting the mediation appointment. If you have not done this, or need to update your telephone number, you should contact us using the details at the end of this letter no less than 5 working days before your mediation appointment. Failure to do so may result in your mediation appointment not taking place and may result in a Judge issuing a penalty where the mediation was mandatory.

I put my details on the DQ so in theory they should already have everything. Does it mean I need to supply my info separately all it's fine as it it? They highlighted this in red.

2.
Quote
Explaining your position. You will need to briefly explain your claim or defence to the mediator. You should prepare for yourself a brief summary of the main points.

What should I do here? Read the previously submitted defence? Prepare something new? Should I talk about what has happened from driver's perspective?

DWMB2

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Re. Explaining your position, brevity is your friend. I'd avoid getting into a protracted discussion. Tell them the claimant has received a copy of your defence, which outlines your position. Your position is that you do not owe the claimant anything, and you are therefore not willing to offer them anything.
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correcthaunt

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Hi @DWMB2 & @b789,

I just had my call and was told that although the Original cost was £259.88 they are willing to reduced to £200.

I was then explained the below options:

Option 1 - they took the deal
Option 2 - take it to the court
Option 3 - I want to sort it out, but not for the £200 they have offered.

I explained I wanted Option 2 and the representative said he would mark this as not settled and that the court/judge would review it and decide if this goes further.

Is this correct? If not should I call or email them?
« Last Edit: March 03, 2025, 10:13:34 am by correcthaunt »

DWMB2

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correcthaunt

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okay I was under the impression that it's not for the claimant to decide if this goes to court and just wasn't sure if me saying I want the judge to decide was skipping that part.

b789

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Ignore the mediators comments, the judge will have no idea what was discussed at mediation. If an agreement is reached at mediation, the claim is settled and it doesn’t go to a judge. If the disputed amount is not settled at mediation then that is the end of the matter and the claim proceeds to the court. Nothing is stated or mention in anything about mediation.

It is not part of the judicial process and if the mediator, who is not even legally trained, suggested anything about the outcome of their failure to achieve a settlement being something you need to worry about, you should lodge a formal complaint.

At mediation you should have offered £0 and it would have been over in minutes.

Now you wait for the case to be sent to your local county court.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

correcthaunt

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Hi @b789,

So did I pick the wrong option? Or this being allocated to the local court was always the route?

If I made a mistake can I fix it?