DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 51164--------------------------------------------------
Re: Advice Needed: Old Private PCN in Scotland, Now Debt
Collection Letter from DCBL
DIR By: Happyface
Date: December 28, 2024, 5:30 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> This is not a criminal matter. It is a civil contractual
dispute.
>
> Even in the absolute worst case scenario, if it went to court
and you lost, as long as the judgment amount was paid in full
within 28 days, there would be no record of it on your credit
file. It would be completely expunged.
>
--- End Quote ---
Thanks! That's a relief to hear! If it did go to court, do you
have an idea how much could the total fees increase from the
current £170?
#Post#: 51192--------------------------------------------------
Re: Advice Needed: Old Private PCN in Scotland, Now Debt
Collection Letter from DCBL
DIR By: b789
Date: December 28, 2024, 9:13 am
---------------------------------------------------------
It will not go to court. It can’t go to court in England. Even
if they were stupid enough to issue a claim, it would be struck
out because of jurisdiction.
If it were a valid claim and it did go to a hearing, the claim
would be in the region of £100 + £70 + £35 + £50 = £255.00. If
you were to lose the claim, the fake £70 added as a debt
recovery fee or damages is usually not allowed.
So, in the very worst case scenario of a real and valid claim
(this case would not be so), if the claim was lost, it would
cost less than £200 and if it was fully paid within 28 days of
judgment, the CCJ is expunged from your credit file.
The actual chargers is £100. The fee for filing the claim is £35
and they are only allowed to claim a fixed £50 for legal fees.
The small claims track of the county court does not allow for
additional costs to be claimed unless there are exceptional
circumstances such as unreasonable behaviour by the unsuccessful
party. More often than not, with these bulk litigation cases, it
is the claimant that loses and are found to have acted
unreasonable, such as not complying with CPR 16.4 and the
defendant is usually awarded costs.
So, I repeat my earlier advice, don’t overthink this. It won’t
go to a hearing.
#Post#: 51226--------------------------------------------------
Re: Advice Needed: Old Private PCN in Scotland, Now Debt
Collection Letter from DCBL
DIR By: Happyface
Date: December 28, 2024, 2:22 pm
---------------------------------------------------------
--- Quote from: b789 link ---
>
> It will not go to court. It can’t go to court in
England. Even if they were stupid enough to issue a claim, it
would be struck out because of jurisdiction.
>
> If it were a valid claim and it did go to a hearing, the claim
would be in the region of £100 + £70 + £35 + £50 = £255.00. If
you were to lose the claim, the fake £70 added as a debt
recovery fee or damages is usually not allowed.
>
> So, in the very worst case scenario of a real and valid claim
(this case would not be so), if the claim was lost, it would
cost less than £200 and if it was fully paid within 28 days of
judgment, the CCJ is expunged from your credit file.
>
> The actual chargers is £100. The fee for filing the claim is
£35 and they are only allowed to claim a fixed £50 for legal
fees. The small claims track of the county court does not allow
for additional costs to be claimed unless there are exceptional
circumstances such as unreasonable behaviour by the unsuccessful
party. More often than not, with these bulk litigation cases, it
is the claimant that loses and are found to have acted
unreasonable, such as not complying with CPR 16.4 and the
defendant is usually awarded costs.
>
> So, I repeat my earlier advice, don’t overthink this. It
won’t go to a hearing.
>
--- End Quote ---
Thanks a lot for taking your time to explain, I really
appreciate it! I will now take your advice and remain calm and
silent . Since it won't really make a big difference if it goes
to court in terms of finance and liability, which hopefully it
won't!
#Post#: 51238--------------------------------------------------
Re: Advice Needed: Old Private PCN in Scotland, Now Debt
Collection Letter from DCBL
DIR By: RichardW
Date: December 29, 2024, 2:51 am
---------------------------------------------------------
You will probably receive up to half a dozen more letters from
DCBL, increasingly shrill and threatening, but you can smile and
ignore them.
#Post#: 51324--------------------------------------------------
Re: Advice Needed: Old Private PCN in Scotland, Now Debt
Collection Letter from DCBL
DIR By: Happyface
Date: December 29, 2024, 3:37 pm
---------------------------------------------------------
--- Quote from: RichardW link ---
>
> You will probably receive up to half a dozen more letters from
DCBL, increasingly shrill and threatening, but you can smile and
ignore them.
>
--- End Quote ---
Will do, thanks!
*****************************************************
Page 2 of 2
DIR Previous Page