DCBL Letter of Claim - UKPC

Umkomaas

Le_Kirk said:

prez78 said:

If the judge asks me if I was the one driving, I can in all honesty say it was not me.

That is the bit that matters; saying it with as straight face and with firm belief in what you are saying and the judge will decide.

But the reasoning given is of no help to him!

Redx

Le_Kirk said:

prez78 said:

If the judge asks me if I was the one driving, I can in all honesty say it was not me.

That is the bit that matters; saying it with as straight face and with firm belief in what you are saying and the judge will decide.

But a judge can apply the law of the balance of probabilities , that unless the defendant can prove that it wasn't the defendant driving , that it could have been by 51% to 49% in favour of the defendant being the driver. We recently had such a case that failed , so never say never.

The previous unblemished driving record is irrelevant , a sideshow ( even a one time murderer may have an unblemished record until that point in time when it changed. ) Everyone is innocent until they are not. My one year old grand daughter has an unblemished criminal and motoring record , so far 🤔🤔💖💖

patient_dream

prez78 said:

I do know that year I had friends and family come visit from overseas, so lots was going on, and a few people used the car that year.

This is a two way stretch ...... UKPC cannot prove who was driving in 2016, you have no idea and if a judge was honest, he/she probably could not remember either.

However, that is a trivial point.  DCBL have a more serious question to answer which is their added fake amount which is deemed to be true by whoever signed the statement of truth ??

The judge must decide if that is true or false and as DCBL cannot show any legal authority, it becomes a feeble attempt of double recovery which the courts do not allow.

Given that knowledge, a judge can dismiss the case and use the weak claim offered by DCBL and UKPC

AND THAT IS THE PROBLEM DCBL HAVE

prez78

reading through Protection of Freedoms Act 2012 (Schedule 4). I cannot find areas where they have not complied - though it may be buried in there somewhere.
The signage does state the fine amount, but not explicit in specifying  further monetary costs to be incurred upon non-payment.

I appreciate the fact of concentrating on my whereabouts on this unremarkable day, however cannot with certainty place my whereabouts of any users of the car during that time and would not make anything up in this defence.

Are points 2 and 3 sufficient to plead my case and leave to the mercy of the courts.

prez78

on a separate note, I had submitted AOS via registered post days after receiving the court claim.
I had not registered on MCOL at the time. How would I be able to track the status of the AOS and defence which I just emailed to CCBCAQ

KeithP

prez78 said:

on a separate note, I had submitted AOS via registered post days after receiving the court claim.
I had not registered on MCOL at the time. How would I be able to track the status of the AOS and defence which I just emailed to CCBCAQ

Does your MCOL Claim History not show when your Acknowledgment of Service was received then?

Coupon-mad

Are points 2 and 3 sufficient to plead my case and leave to the mercy of the courts.

No they are not.

#2 should state that you were not the driver, to your knowledge, and that the Claimant has not shown evidence of 'adequate notice' (prominent text on multiple, conspicuous and legible signs) of the parking charge, nor of a POFA-compliant Notice to Keeper, nor of any breach of a 'relevant contract or relevant obligation' (POFA 2012 Schedule 4 pre-requisites).

#3 should be binned, start again with that.  The Judge doesn't want to know what letters arrived when, that's not a defence.

Just do what the template defence thread tells you to put there.  Put what you know about that car park and what you DON'T KNOW because the Claimant didn't provide any photos.

KeithP

Back on 28th November, exactly one month ago, I wrote on your thread...

...you have until 4pm on Wednesday 29th December 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.

Looks like those last few words - don't leave it to the last minute - fell on deaf ears.

patient_dream

prez78 said:

reading through Protection of Freedoms Act 2012 (Schedule 4). I cannot find areas where they have not complied - though it may be buried in there somewhere.
The signage does state the fine amount, but not explicit in specifying  further monetary costs to be incurred upon non-payment.

I appreciate the fact of concentrating on my whereabouts on this unremarkable day, however cannot with certainty place my whereabouts of any users of the car during that time and would not make anything up in this defence.

Are points 2 and 3 sufficient to plead my case and leave to the mercy of the courts.

As Redx says, the balance of probabilities which the judge can use is on the cards but ... if UKPC cannot prove you were the driver in 2016 a judge may well use the balance of probabilities in your favour.  This is the hiccup of the county courts.

You mention "fine" .... you have never been fined. It's just a plain old invoice claiming a contract has been broken ?   

A contract is only as good as it's writing.  If the sign does not mention the fake charge from DCBL then this is your highlight ..... all motorists can only rely on what they read and see.

If the fake is not on the sign then DCBL are adding an amount they are not entitled to claim. It's that simple, especially as they sigh it off as a statement of truth to mislead the court  

prez78

The time has come and the claimant intends to proceed with the claim

im faced with 2 options.
1.  go to court
2. contact the legal company to discuss settlement.

Having left this to the last minute for submission due to personal reasons - I did not have much time to liaise with you kind sir's/ladies for assistance.

This what what had been submitted as my defence along with the template

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The identity of the driver at the material time is unknown to the Defendant. The Defendant was not the only insured driver of the vehicle in question and is unable to recall who was or was not driving on an unremarkable day over five years ago. 

Any thoughts on either of the options?
Not keen on going to court but all the extra  - something I never thought I would experience - but if it needs to be done so be it.

What are the probabilities on settling on the £100 (for not settling within 48 days) to bring this to a close