DCBL - county court

Bizzle17

I have been taken to court by DCBL legal, my AOS was received on the 29/04/2021.  I would like to send my defence, I have used the template on the newbies page..its suggested that only points 2 and 3 are altered so I have pasted this below as I intend to keep the rest of the points exactly the same.

I am not allowed to post any links as I am a new account.

When initially receiving the letters I had responded with a poor response I found online. The two charges in question are from 2019 and 2020 so I really cannot remember the events which apparently happened, I'm not even sure if I was driving.  I am banking on the grounds of the signage being forbidding, is this a good direction to head in?

My defence:

The facts as known to the Defendant:

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

3.  The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. To state that a contract to park was created when it is expressly forbidden is perverse. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

Umkomaas

I have been taken to court by DCBL legal, my AOS was received on the 29/04/2021.  I would like to send my defence, I have used the template on the newbies page

What is the Date of Issue shown on the N1 court claim form please?

Bizzle17

Umkomaas said:

I have been taken to court by DCBL legal, my AOS was received on the 29/04/2021.  I would like to send my defence, I have used the template on the newbies page

What is the Date of Issue shown on the N1 court claim form please?

19th Apr on the N1SDT form

Umkomaas

Bizzle17 said:

Umkomaas said:

I have been taken to court by DCBL legal, my AOS was received on the 29/04/2021.  I would like to send my defence, I have used the template on the newbies page

What is the Date of Issue shown on the N1 court claim form please?

19th Apr on the N1SDT form

Are you sure it's April, because, if it is, you've missed the deadline for the submission of your Defence. 

Bizzle17

Umkomaas said:

Bizzle17 said:

Umkomaas said:

I have been taken to court by DCBL legal, my AOS was received on the 29/04/2021.  I would like to send my defence, I have used the template on the newbies page

What is the Date of Issue shown on the N1 court claim form please?

19th Apr on the N1SDT form

Are you sure it's April, because, if it is, you've missed the deadline for the submission of your Defence. 

Yes I am sure, I thought I had from the submission date of the AOS..is there anything I can do?

Bizzle17

Please see here: hxxps://imgbb.com/0Jkn6Fx

Umkomaas

Bizzle17 said:

Umkomaas said:

Bizzle17 said:

Umkomaas said:

I have been taken to court by DCBL legal, my AOS was received on the 29/04/2021.  I would like to send my defence, I have used the template on the newbies page

What is the Date of Issue shown on the N1 court claim form please?

19th Apr on the N1SDT form

Are you sure it's April, because, if it is, you've missed the deadline for the submission of your Defence. 

Yes I am sure, I thought I had from the submission date of the AOS..is there anything I can do?

You have 33 days from the Date of Issue shown on the N1. That would give you until 22/05/21 to submit your Defence. I don't think there is anything you can do officially, but you could chance emailing your Defence today (as in immediately, don't worry about the content at this desperately late point) to the CCBC and hope that DCBL haven't been efficient in seeking judgment. 

If they have, and there's a judgment in default waiting in the wings for you, if you want to avoid a credit trashing CCJ, you're going to have to pay the judgment costs by the deadline given in the costs order. 

Le_Kirk

Your link made live https://imgbb.com/0Jkn6Fx

Bizzle17

Umkomaas said:

Bizzle17 said:

Umkomaas said:

Bizzle17 said:

Umkomaas said:

I have been taken to court by DCBL legal, my AOS was received on the 29/04/2021.  I would like to send my defence, I have used the template on the newbies page

What is the Date of Issue shown on the N1 court claim form please?

19th Apr on the N1SDT form

Are you sure it's April, because, if it is, you've missed the deadline for the submission of your Defence. 

Yes I am sure, I thought I had from the submission date of the AOS..is there anything I can do?

You have 33 days from the Date of Issue shown on the N1. That would give you until 22/05/21 to submit your Defence. I don't think there is anything you can do officially, but you could chance emailing your Defence today (as in immediately, don't worry about the content at this desperately late point) to the CCBC and hope that DCBL haven't been efficient in seeking judgment. 

If they have, and there's a judgment in default waiting in the wings for you, if you want to avoid a credit trashing CCJ, you're going to have to pay the judgment costs by the deadline given in the costs order. 

Ok, I will give it a shot..thank you.  I know you said to not worry about the content but Im happy to spend some hours tailoring a defence.  Is the above suitable at all?  Is there anything I can add in

Le_Kirk

I think you will find that your defence submission deadline is 24th May but @KeithP will confirm that for you. You need to get your defence in now, hope they don't notice (slim chance) and check your MCOL record to see if a judgment in default has been issued.

Bizzle17

Le_Kirk said:

I think you will find that your defence submission deadline is 24th May but @KeithP will confirm that for you. You need to get your defence in now, hope they don't notice (slim chance) and check your MCOL record to see if a judgment in default has been issued.

No judgment in default has been issued as yet, but all good i'll submit what I have