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#Post#: 41617--------------------------------------------------
Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice
DIR By: b789
Date: October 20, 2024, 6:53 pm
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You don’t want to touch the defence box on MCOL. It is has a
character limitation and does not allow any formatting. You only
use MCOL from now on to check the history until the claim is
transferred to your local court.
Now that the claim has been filed, you could request a SAR but
it doesn’t matter at this stage. If you are unable to plead a
defence based on the PoC, then the claim should be struck out
for failing to comply with CPR 16.4.
The defence submitted is based on that fact. Even if the
claimant later tries to argue that you should have known anyway
because they sent you a PCN is irrelevant. The rules say that
the PoC must provide enough relevant information for you to be
able to plead a defence.
The draft order will force the claimant to either send further,
detailed, particulars of claim or they will discontinue. The
claimant are serial litigators and are using a bulk litigation
solicitor. They have no excuse for not complying with CPR 16.4.
There is good, persuasive case law to back that up.
A SAR could take 30 days or more to arrive and will not help
you, certainly at this stage, if at all.
#Post#: 41622--------------------------------------------------
Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice
DIR By: H C Andersen
Date: October 21, 2024, 2:26 am
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A SAR could take 30 days or more to arrive and will not help
you, certainly at this stage, if at all.
OP , if you're happy to play procedural games which you don't
understand and with questionable prospects, then carry on. But
if you'd rather find out what the hell the claim is all about-
for all you know there might have been a numberplate misread and
you have no liability- then I suggest you follow more mainstream
actions.
Whether a SAR gets a response next week or in 28 days matters
not IMO, unless you actually know what the hell this is about
then you'll be blundering around in the dark.
#Post#: 41624--------------------------------------------------
Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice
DIR By: DWMB2
Date: October 21, 2024, 2:38 am
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--- Quote ---
> OP , if you're happy to play procedural games which you don't
understand and with questionable prospects
--- End Quote ---
There are legitimate concerns that can and have been raised
about the potential risks involved with the suggested defence
(one of which being that if the judge were to decide the PoC are
fine, then the 'defence' doesn't really set out any other
grounds of defence).
If you have similar concerns you are perfectly entitled to set
them out.
As a counterpoint to the 'questionable prospects' I would say,
with this case involving DCB Legal, there's a pattern of
behaviour established that would suggest that submitting this
defence (and indeed frankly any defence) will lead to the case
being discontinued.
#Post#: 41638--------------------------------------------------
Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice
DIR By: b789
Date: October 21, 2024, 4:49 am
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The defence provided has been drafted by a long, still serving,
District Judge who sees and determines these kinds of claims
from serial and bulk litigators every day. I'd take their advice
about what is the best defence to use in these circumstances any
day. Not a single one has even reached a hearing to date.
#Post#: 41647--------------------------------------------------
Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice
DIR By: H C Andersen
Date: October 21, 2024, 5:35 am
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Fine. As long as an OP knows that this has nothing to do with
the alleged breach itself nor does it fall within the scope of
PoFA.
#Post#: 43031--------------------------------------------------
Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice
DIR By: LemonTootski
Date: October 29, 2024, 5:44 pm
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Thanks b789,
Interesting as always. Will keep you and this sub posted ...
#Post#: 46360--------------------------------------------------
Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice
DIR By: LemonTootski
Date: November 20, 2024, 7:43 am
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Hi all
I received this email response on Mon 18/11/2024 10:10
--- Quote ---
> Good morning
>
> Having reviewed the content of your defence, we write to
inform you that our client intends to proceed with the claim. In
due course, the Court will direct both parties to each file a
directions questionnaire. In preparation for that, please find
attached a copy of the Claimant's, which we confirm has been
filed with the Court.
>
> 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 - in the event you wish to discuss
settlement, please call us on 0203 434 0433 within 7 days and
make immediate reference to this correspondence.
>
> If you have provided an email address within your Defence, we
intend to use it for service of documents (usually in PDF
format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise
whether there are any limitations to this (for example, the
format in which documents are to be sent and the maximum size of
attachments that may be received). Unless you advise otherwise,
we will assume not.
>
> Kind Regards,
> DCB Legal Ltd
>
--- End Quote ---
I've also received a court N180 small claims form. Quite
disappointing but understandable they would want to defend their
position. But noting back to the points made earlier in this
thread:
--- Quote ---
> ...I would say, with this case involving DCB Legal, there's a
pattern of behaviour established that would suggest that
submitting this defence (and indeed frankly any defence) will
lead to the case being discontinued.
--- End Quote ---
and
--- Quote ---
> The defence provided has been drafted by a long, still
serving, District Judge who sees and determines these kinds of
claims from serial and bulk litigators every day. I'd take their
advice about what is the best defence to use in these
circumstances any day. Not a single one has even reached a
hearing to date.
--- End Quote ---
I'm just wondering what action I should take further ?
Best
Lemon
[member=26]b789[/member]
#Post#: 46365--------------------------------------------------
Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice
DIR By: b789
Date: November 20, 2024, 8:01 am
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All perfectly normal and as expected. They won't discontinue
until they are required to pay the trial fee, about a month or
less before the hearing. In the meantime, you go through the
motions.
Having received 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.
Download your own here and fill it in on your computer. You sign
it by simply typing your full name in the signature box.
HTML https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track
Here are the answers to some of the less obvious questions:
--- Quote ---
> 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:
HTML https://www.find-court-tribunal.service.gov.uk/search-option
> F3: "1".
--- End 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.
#Post#: 46484--------------------------------------------------
Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice
DIR By: H C Andersen
Date: November 21, 2024, 7:57 am
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OP, sorry to hark back, but the elephant hasn't left the room.
Your thread title is: Hampstead Heath Car Park - Did Not Receive
Penalty Notice, whereas the claim itself refers to a completely
different location and presumably time i.e.MOTO READING WEST
A simple statement that the thread title was wrong would
suffice, but if more's involved and gets to court (which I
accept is only a possibility) where would you stand?
#Post#: 46889--------------------------------------------------
Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice
DIR By: LemonTootski
Date: November 24, 2024, 8:55 pm
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Hi [member=26]b789[/member].
Thanks for your advice.
I've submitted the N180 as follows with request that a hearing
should take place in court:
TO CNBC: dq.cnbc@justice.gov.uk
--- Quote ---
>
> Dear Sir/Madame
>
> 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 that the Claimant appears to be a firm that routinely
submits cut-and-paste parking case paperwork as its modus
operandi, having this case heard solely on paper would seem
inappropriate; giving the Claimant 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.
--- End Quote ---
Oh H.C Anderson,. sorry if there's confusion. This case is
concerning an alleged parking the car Park of Hampstead Heath,
of which I received absolutely no notification (PCN) and no
recollection of any time or date this apparently happened. Only
just received a court notice out of the blue. Didn't even have
any means/opportunity to make a rep against the parking company.
Apparently this practice happens a lot with this private car
parking firm.
[/quote]
Not sure what you mean by Moto West. Could you clarify?
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