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

[supernick90]

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.

[supernick90]

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.

[FTMDave]

Exactly.

We've seen this letter countless times.

[lolerz]

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! )

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

[supernick90]

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.

[AndyOrch]

 

[supernick90]

thank you. I assume therefore that this would be a no to mediation.

I imagine it becomes very likely I will then have to physically go to court?

 

[AndyOrch]

Correct

[dx100uk]

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

[supernick90]

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.

[AndyOrch]

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.

[lookinforinfo]

And it is always good to get a win in Court against them. 

 

[supernick90]

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?

[Nicky Boy]

Please upload the contract. It may only be useful as hamster bedding.

[supernick90]

I have excluded pages which are fully redacted to keep file size down.

i also could not scan the front page which is instead photographed and will attach separately 

Contract1.pdf

[supernick90]

Front page.pdf

[Nicky Boy]

So, by my count there are 13 fully redacted pages?!!

6, 9-16, 21-23 and 25.

RIDICULOUS...

[supernick90]

almost correct. 14-15 weren’t included at all!

there was also an appendix of sorts of other schedules. All of this was redacted.

 

[Nicky Boy]

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

[FTMDave]

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,.