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hitman126

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  1. Just checked the letter. Attached to the DCB Legal cover letter advising of the client's wish to discontinue with the case, there's also a Claimant's N279 Notice of Discontinuance. Will scan and upload here shortly.
  2. Yes, that's a good point @brassnecked........................especially as I've to date not yet received any official confirmation from the court.
  3. I don't quite have a recollection how the letter was titled, but essentially yes, they informed me they no longer wished to continue with the case. Prior to that, they'd tried to reach me by phone and left a voicemail requesting that I contact them (DCB Legal). Days later, the letter came through.
  4. So there's been some further development on my case and it's all good news. I got contacted by DCB Legal a few weeks ago, informing me that they and/or Highview Parking had finally decided to throw in the towel and that they'd also advised the court as such. The case is therefore now completely dead!!
  5. @dx100uk thanks. The N157 states among other wording that: "Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing." I believe this is what you're referring to? I will in any case upload both letters on here very shortly.
  6. @dx100ukthanks for clearing that up. I can only assume that the details you're referring to are the paragraph worded as follows: "Unless the claimant does by 4.00pm on the dd April 2022 pay to the court the trial fee of £25.00 or file a properly completed application (i.e. one which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect from dd April 2022 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred.
  7. after much to-ing and fro-ing, I received notification from the court a couple of days ago that my case will now be heard on May 2022, which suits me fine. Any delay or wasting of time endured by Highview Parking is music to my ears, as it hopefully will get them to ponder and reflect whether it is worth their while having to wait an entire year for adjudication over some stupid and paltry PCN. Having said that, I look forward to the hearing as I'm 200% confident of my defence and for which I owe a great deal of gratitude to everyone who chipped in here with those awesome tips and advice. The battle isn't won yet, but the 1 year delay is itself a little moral victory for me. Thanks peeps
  8. @honeybee13I agree entirely with your point. I'll also say however that whenever I revisit CAG to solicit advice on any parking issue, the first thing I do is search the forum for similar cases, just to give me some initial pointers. As you'll however also acknowledge, there's often hundreds such cases to filter through (sometimes with varying degrees of advice and outcomes) and so it's perhaps best to simply start a new thread and seek the required expert advice.
  9. @lookinforinfothanks for the feedback. Do you mind elaborating a bit on why that PCN you mention doesn't comply with PoFA please? Thank you. On your point though regarding me giving away the name of the driver, in my defence I did initially upload on here a draft of my defence statement and kindly requested for some feedback on it from this forum before submitting it. There are obviously many on here like yourself who're clearly more knowledgeable and experienced on these issues and I for one value feedback from the likes of you and would definitely have heeded to any early feedback/advice to avoid certain wording that could potentially compromise my defence, e.g. on the driver's identity, etc. It's equally disappointing when one reads certain comments/feedback on here along the lines of........you've been a member on CAG for x number of years and should be familiar with this and that process or procedure, etc. Yes, it's acknowledged that some of us may be registered members for a considerable amount of years, but I'd also kindly urge patience and for others to also acknowledge that some of us often go years without ever visiting this website and so would not always be abreast with recent changes, discussions or material on issues around the challenging of PCNs. Unfortunately, having a hectic family, work and personal life puts paid to that full stop. You don't visit the hospital until you need urgent medical attention and many of us can often go years without the need to visit one. I will reiterate though that I am extremely grateful for all the feedback (even though often drip-fed) and all the offered advice and support here to assist me in my case. It is most appreciated and I'm very, very thankful.
  10. Attached below are the related documents sent out to me by CP Plus, in response to my SAR Request. pdf now attached. Thanks. highview-parking-sars-response.pdf
  11. @dx100ukthanks for your prompt feedback. Will send that email asap. @lookinforinfoyes, I have indeed received a response to my SAR from CP Plus. DCB Legal on the other hand refused to comply with the CPR request, as per my previous update here on January 27th. In response to my SAR Request (again reported here some weeks ago) CP Plus have sent across a number of documents which I'll shortly upload here, after scanning and masking out some personal details as required. Below is the complete list of the document they've sent me, each with different dates in 2014. 1. Charge Notice (with two grainy pictures of my vehicle) x 3. 2. Legal Action Pending (with two grainy pictures of my vehicle) x 2. 3. Charge Notice Reminder (with two grainy pictures of my vehicle) x 3. 4. Final Demand Before Legal Proceedings from Deanem Collections x 1 No other documents were received and definitely no NTK.
  12. So here are the latest updates to my case: [DCB Legal] On the 2nd of this month, I received an email from DCB Legal (with a completed N180 Directions Questionnaire attached) informing me that having reviewed the content of my defence, their client had confirmed their intention to proceed with the claim against me. The next paragraph of the email then informed me that the Court would direct both parties to file directions questionnaires in due course and in anticipation of that, a copy of the client's completed questionnaire was attached. They then went on to add that without prejudice to any of the above and in order to assist the Court in achieving its overriding objective, their client may be prepared to consider a mutual settlement of the case and should I wish to discuss this further, contact them on a given phone number. [County Court Business Centre] A few days after the DCB Legal email, I received a letter from the Northampton CCBC dated 5 March 2021, titled "Notice of Proposed Allocation to the Small Claims Track". The letter instructs me to complete the Small Claims Directions Questionnaire (N180) and file it with the court office by 22 March 2021, also serving copies on all other parties. Also attached to the letter is an HM Courts and Tribunals Service form inviting me to consider an out-of-court mediation. [What Next?] Would greatly appreciate advice on how best to proceed next, following the above updates.
  13. I finally managed to put together a draft of my 3 page defence statement (attached). Would appreciate a review and feedback on the arguments put across in my statement by my fellow Caggers please. Thanks folks. defence-statement.pdf
  14. So I submitted a CPR 31.14 and SAR requests to DCB Legal and Highview Parking respectively and have now received the below responses from them. On their part, DCB Legal replied that as a claim has been issued, they are not obliged to provide evidence at this stage unless ordered to do so by the Court. Highview Parking on the other hand have requested I complete a return a form they've sent me, as they are required under GDPR to validate my identity prior to releasing personal data. Looking further, I am now rather keen to begin putting together a defence statement and would be extremely grateful for any assistance or advice towards that.
  15. @dx100uk, I'm afraid you've got this wrong. My fear of compromising my defence wasn't with regards my response to DCB Legal's initial letter per se. It was more in reference to any subsequent advice posted on this thread by other forum members and I was only being wary due to the numerous instances when some have cautioned about parking companies and their legal reps trawling these pages to stay a step ahead. As I did also state however, I'm happy to provide full details of that initial reply to DCB Legal and have therefore reproduced it below. Thanks.
  16. I can personally confirm the town and county details, but I can assure you this is all the address given on the N1 POC. Can even take a screenshot and paste it on here if it helps.
  17. @dx100ukthanks for the prompt response. As requested, kindly find below the details of claim as given on the Court Form N1. Name of the Claimant: Highview Parking Limited 10 Flask Walk London NW3 1HE Claimants Solicitors: DCB Legal Ltd Direct House Greenwood Drive Runcorn WA7 1UG Date of issue: Thu, 31 Dec 2020 Date for AOS: Sun, 17 Jan 2021 Date to submit Defence: Mon, 1 Feb 2021 What is the claim for? 1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle [CAR REG] at 1-3 Upper Green East. 2. The PCN details are 04/03/2017,2xxxxx7xxxxxx 3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract),thus incurring the PCN(s). 4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The Contract entitles C to damages. AND THE CLAIMANT CLAIMS 1. £165 being the total of the PCN(s) and damages. 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.04 until judgment or sooner payment. 3. Costs and court fees. What is the value of the claim? Amount Claimed: £215.57 Court fee: £25.00 legal rep fees : £50.00 Total Amount: £290.57 Do I still need to send out a SAR to Highview Parking even though I've already got a CPR 31.14 off to DCB Legal?
  18. My fault @dx100uk. Sincere apologies, I should have indeed read fully the text in red. AOS has now been submitted and CPR is also on its way to the solicitors.
  19. @dx100ukthank you ever so much. I'm extremely grateful for your kindness and assistance. Good news is that I have managed to access the claim on MCOL and plan to submit the AOS by this weekend, as I believe I still have until 19th Jan to do so (The Claim issue date was 31st Dec 2020). In the meantime, I have also downloaded a copy of the CPR 31.14 you included in your last post, edited it where required and pasted its contents below for any review comments. You'll note that I have also sought clarification on the Claim Form receipt date and for that I'll greatly appreciate any feedback. Finally, I've also pasted the Particulars of Claim below (albeit with some minor editing), as I believe this should help validate the CPR 31.14 requested documents. Thank you. (removed - dx) [[THE PARTICULARS OF CLAIM]] 1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle [CAR REG] at [ADDRESS]. 2. The PCN details are 04/03/2017.2xxxxx7xxxxxx 3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract),thus incurring the PCN(s). 4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The Contract entitles C to damages. AND THE CLAIMANT CLAIMS 1. £165 being the total of the PCN(s) and damages. 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.04 until judgment or sooner payment. 3. Costs and court fees. By the way, I'm gathering from some of your advice that sending a CPR 31.14 request by email is a complete no-no..........would that be right?
  20. So, acting on advice gathered via some third parties, I responded to DCB's letter by challenging them on a number of key points which not surprisingly, prompted a swift reply from them. In order not to risk compromising my defence, I've opted not to place extracts of the aforementioned key points from my letter into this public domain, but would be happy to share them privately with the right person(s) on this forum willing to offer genuine and sincere assistance with no ulterior motive. DCB Legal have since proceeded to submit a money claim against me in a County Court and I've in the last few days received the Claim Form from the court, with an Issue Date of 31 Dec 2020. My intention now is to submit an Acknowledgement of Service within the next couple of days, but I'm keen to look beyond that by desperately beginning to prepare a cast-iron defence to submit to the court. I'll therefore be extremely grateful for any advice or assistance in putting together a sound defence statement to help me see off this irritation at such a challenging time in our respective lives. PS: I'm not sure how much this is going to go against me and whether it is too late to do so, but I did not submit a SAR request to CP Plus Limited and rather chose to deal solely with DCB Legal.
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