dcb legal - CCPC (you know the drill)

LJB179

Castle said:

LJB179 said:

fueboy said:

LJB179 said:

Done, let's see what happens.

Any correspondence yet? 

I received absolutely nothing until today - a county court claim form for £320, comprising of £235 fine, £35 court fees and £50 costs (Terry/DCBL). I suppose I shall just respond with the same defence as I sent to DCBL before (that they clearly didn't take any time to read).

How is the £235 made up and it's not a "fine".

'£170 being the total of the PCN and damages. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act of 1984 and a daily rate of £0.02 until judgement or payment'.

D_P_Dance

I received ...- a county court claim form for £320, comprising of £235 fine, £35 court fees and £50 costs 

It is not a fine.  WRT costs, have you read this?

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

KeithP

LJB179 said:

Le_Kirk said:

What is the issue date on the claim form?  If you post that, then @KeithP will be along to give you some advice on deadlines and where to find the standard template defence.

As above, it is 29th July 2021. So just sent a couple of days ago.

With a Claim Issue Date of 29th July, you have until Tuesday 17th August to file an Acknowledgment of Service. Do not file an AoS before 3rd August, but otherwise 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, you have until 4pm on Tuesday 31st August 2021 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.

LJB179

KeithP said:

LJB179 said:

Le_Kirk said:

What is the issue date on the claim form?  If you post that, then @KeithP will be along to give you some advice on deadlines and where to find the standard template defence.

As above, it is 29th July 2021. So just sent a couple of days ago.

With a Claim Issue Date of 29th July, you have until Tuesday 17th August to file an Acknowledgment of Service. Do not file an AoS before 3rd August, but otherwise 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, you have until 4pm on Tuesday 31st August 2021 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.

Cool, thanks. Will do!

LJB179

I've filed my acknowledgement, shall write up the defence over the course of the next week and drop it over (redacted of course).

Le_Kirk

LJB179 said:

I've filed my acknowledgement, shall write up the defence over the course of the next week and drop it over (redacted of course).

Always best to compose your defence (and later, your witness statement) whilst events are fresh in your mind.  If you are using the standard defence template, just post the two paragraphs #2 & #3 that you have amended and you will receive a critique.  No need to post the rest on here as it was written for you by @Coupon-mad.  You do, of course, when the time is right, post ALL the defence to the CCBC.

LJB179

Le_Kirk said:

LJB179 said:

I've filed my acknowledgement, shall write up the defence over the course of the next week and drop it over (redacted of course).

Always best to compose your defence (and later, your witness statement) whilst events are fresh in your mind.  If you are using the standard defence template, just post the two paragraphs #2 & #3 that you have amended and you will receive a critique.  No need to post the rest on here as it was written for you by @Coupon-mad.  You do, of course, when the time is right, post ALL the defence to the CCBC.

I shall be writing this in the morning and posting - I believe I have until the end of the day on Tuesday to send it, but please correct me if I am wrong. Letter was dated 29th July and I gave my acknowledgement on 13th August.

LJB179

Hi Guys, I just wanted to check one thing - the 14 days extension that I have following my acknowledgement is 14 days + 14 days + 5 days, so the full 33. As long as you've filed it after day 5 you don't eat into your 33 days, right? I believe this is true, just checking because otherwise I'm in trouble.

KeithP

LJB179 said:

Le_Kirk said:

LJB179 said:

I've filed my acknowledgement, shall write up the defence over the course of the next week and drop it over (redacted of course).

Always best to compose your defence (and later, your witness statement) whilst events are fresh in your mind.  If you are using the standard defence template, just post the two paragraphs #2 & #3 that you have amended and you will receive a critique.  No need to post the rest on here as it was written for you by @Coupon-mad.  You do, of course, when the time is right, post ALL the defence to the CCBC.

I believe I have until the end of the day on Tuesday to send it, but please correct me if I am wrong. Letter was dated 29th July and I gave my acknowledgement on 13th August.

You are right. 

As I wrote on 31 July at 2:02PM...

...you have until 4pm on Tuesday 31st August 2021 to file your Defence.

LJB179

KeithP said:

LJB179 said:

Le_Kirk said:

LJB179 said:

I've filed my acknowledgement, shall write up the defence over the course of the next week and drop it over (redacted of course).

Always best to compose your defence (and later, your witness statement) whilst events are fresh in your mind.  If you are using the standard defence template, just post the two paragraphs #2 & #3 that you have amended and you will receive a critique.  No need to post the rest on here as it was written for you by @Coupon-mad.  You do, of course, when the time is right, post ALL the defence to the CCBC.

I believe I have until the end of the day on Tuesday to send it, but please correct me if I am wrong. Letter was dated 29th July and I gave my acknowledgement on 13th August.

You are right. 

As I wrote on 31 July at 2:02PM...

...you have until 4pm on Tuesday 31st August 2021 to file your Defence.

Thanks, I just wanted to triple check. Writing my defence in the morning using your guide and then will post here. I did send a detailed response to DCBL before (with POFA info etc.), although they totally ignored it, of course. But what that means is that I'm not starting from scratch.