DCBL/UKPC - County Court Claim

Deejj

At the expiry of the 30 day mark, I have written to DCB legal outlining that their claim is invalid (on the above grounds); and that I require them to confirm the claim is closed and retracted. I've also advised them that if their should ignore this and continue with their claim, I will adduce the letter in any subsequent proceedings as evidence of their pursuit of a vexatious claim.

Deejj

Latest update. DCB Legal are responding to the "debt advice" email/letter some 4 weeks after sending/receipt asking for data protection proof beyond the reference number and name. Not entirely sure how they think that assists their "case" other than to delay it further.

KeithP

Deejj said:

...asking for data protection proof beyond the reference number and name.

If that's what they are asking for I would be tempted to write back saying "Sorry, I haven't a clue what you are asking for. Please explain".

Deejj

So the inevitable Claim Form has arrived on the doormat.
This time they are claiming £274.13 for:

1. Amount claimed 189.13 including interest at 1p per day.
2. court fee 35.00
3. legal representative cost 50.00

Issue Date of 11.01.2022 So I assume the following is true:
AoS - 25.01.2022
Defence Filing 07.02.2022

I'll post the drafted defence shortly.

Jenni_D

AoS is 14+5 days, so by 30-Jan (or might be 31-Jan as 30th is a Sunday). Don't do the AoS before 16-Jan (5 days for service) ... set a reminder to do it on Monday 17-Jan. That would mean defence filing date of Monday 14-Feb.

@KeithP will be along shortly with useful info and clarity.

KeithP

Deejj said:

So the inevitable Claim Form has arrived on the doormat.

Issue Date of 11.01.2022 So I assume the following is true:
AoS - 25.01.2022
Defence Filing 07.02.2022.

You have a little longer than you thought.

With a Claim Issue Date of 11th January, you have until Monday 31st January to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Monday 14th February 2022 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Deejj

The defence...

IN THE COUNTY COURT

Claim No.: XXXXX

Between

	UK PARKING CONTROL LIMITED	(Claimant)
	and
	XXXXX	(Defendant)

____________________

DEFENCE

____________________

1.    The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

The facts as known to the Defendant:

2.    It is admitted that the Defendant was the registered keeper and driver of the vehicle in question in 2016, but liability is denied.

3.    The claim fails on grounds that a valid permit existed; and that the invoice was issued for a different location, thereby invalidating any claim of breach.

Permit

4.    The Defendant confirms that a valid permit was in place. A valid permit was displayed on the windscreen of the Defendant’s vehicle, as confirmed by the Claimant’s own photographic evidence. The Claimant’s case fails on the grounds that no alleged “contravention” occurred, and therefore any claim to a breach of contract is null and void.

5.    The Parking Charge Notice issued by the Claimant states the location as “Middlebrook Retail Park, 37 The Linkway, Horwich, BL6 6JA”. The Grid Reference for this address is 53.58366826998668, -2.5352101234123174. The photographic evidence that the Claimant has produced are of an entirely different location at Sefton House, Northgate Cl, Horwich, Bolton BL6 6PQ at Grid Reference 53.588914891106114, -2.538196894936857. The Claimant has submitted documentation which refers to a location materially different, with different terms and conditions, from that in which the Claimant claims the breach occurred. It is submitted, therefore, that the alleged contravention did not occur as described by the Claimant and the Defendant seeks immediate dismissal of the claim.

6.    The Claimants’ legal representative, DCB Legal Ltd, was contacted on 24 September 2021 providing evidence of their claim being false. The Claimants were offered the opportunity to cease the unfounded claim. The Claimant declined on 05 October 2021 and have pursued in the knowledge of their unfounded claim.

7.    The Particulars of Claim - document continues with standard defence.

Coupon-mad

Very good.

1505grandad

A heads-up:-

Hopefully you have read and understood the Template Defence and therefore realise that the existing para 7 in the Template states -  "He was not taken by either party to Somerfield in point #5 above and in any event it is worth noting that the lead Southampton case of Britannia v Crosby was not appealed."

As you now have more than paras 2 and 3 - and therefore have to renumber the subsequent paras - you have altered the reference to point 5 accordingly.

Deejj

1505grandad said:

A heads-up:-

Hopefully you have read and understood the Template Defence and therefore realise that the existing para 7 in the Template states -  "He was not taken by either party to Somerfield in point #5 above and in any event it is worth noting that the lead Southampton case of Britannia v Crosby was not appealed."

As you now have more than paras 2 and 3 - and therefore have to renumber the subsequent paras - you have altered the reference to point 5 accordingly.

Thanks - I had made this amend using a "cross reference" in WORD.