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    • I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
    • Please check back later on today for a fuller response and some edits
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Brittania/DCBL ANPR PCN - PAPLOC - claimform - appeal refused - St Johns Road West Birmingham


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In all honesty the offer was intentionally derisory - both for my own amusement and also to test their resolve for going to court.

Not being in writing works both ways - there was no commitment upon me to make the payment.

Anyway, fun's over - will keep everything in writing and see if they pay up to go to court.

Have a CPR request going off today.

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I have received another letter today from DCB Legal dated 10/04/24 (so unlinked to yesterday's phone conversation).

It states:

 

"having reviewed the content of your defence, we are writing to inform you that our client intends to proceed with the claim.


The Court will direct both parties to file directions questionnaires in due course. In anticipation of that we are enclosing a copy.


Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our Client may be prepared to settle this case. Therefore, in the event you wish to discuss settlement, please call us"

 

Enclosed is their Directions questionnaire, including that they agree to the Small Claims Mediation Service. I presume sending me a copy of the small claims track form doesn't necessarily mean they've filed it and could be further scare tactics.

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MCOL will tell you once they've filed it with the courts so just check there.

I'm sure the courts are massive fans of DCBL using official documents to harass and scare people (Not! :pound:)

Remember that the courts call the shots now, not the claimant.
 

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  • 2 weeks later...

I have now received a notice of proposed allocation to the small claims track directly from the court. I assume this means the fee has been paid by dcb.

I now have to complete the N180 and serve copies.

Looks like this is going the distance.

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3 hours ago, supernick90 said:

I assume this means the fee has been paid by dcb.

no fee to pay till allocation at your local stated court...


https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148


3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you. So still possible that they would fail to pay the fee and the case is thrown out? I filed my defence on 8th.

Britannia is private I assume, so it’d be a no to mediation.

I am keen not to have to physically go to court, albeit mainly due to the inconvenience.

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29 minutes ago, supernick90 said:

So still possible that they would fail to pay the fee and the case is thrown out?

Possible or fail to submit their DQ/on time.... no to mediation on all speculative private parking claims irrespective.

All defendants are in a stronger position if they attend the hearing...none attendance virtually guarantees you will lose.

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  • 2 weeks later...

I’ve received a pack from the solicitor as requested. It includes all paperwork received to date as well as a redacted version of the contract the claimant has with the landowner.

My defence is partially based on the inability to contract with the claimant, but this may now fall apart?

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Wait and see what the other regulars say, but from memory, the terms for agreed parking restrictions have been listed in "schedules" before.

We could do with some help from you.

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2 hours ago, supernick90 said:

My defence is partially based on the inability to contract with the claimant, but this may now fall apart?

Not at all, as Nick says, this level of redaction is absolutely ridiculous.

They may as well have sent nothing,.

We could do with some help from you.

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  • 4 weeks later...

I’ve today received an email with my mediation date as well as an attempted phone call from dcb which I hung up.

The only issue is that I selected no to mediation

Should I proceed with it and state that I selected no to the mediator but equally don’t want to waste court time?

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Reply to the e-mail simply stating that in your DQ you selected no to mediation and therefore do not wish to enter mediation.

How have DCBL got their hands on your phone number?

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