UKPC PCN County Court Claim 24 NOV - 2021 - Defence Statement Help Needed

Fruitcake

1) KeithP answered this question three days ago, but your dates above are slightly different to the ones you originally posted, so may have reduced your defence submission deadline by one day.

2) Two PCNs at £100 each = £200 plus permitted court costs = £275 - £300. Fake add-ons above the initial £100 per charge are already covered in the defence template.

KeithP

Fruitcake said:

1) KeithP answered this question three days ago, but your dates above are slightly different to the ones you originally posted, so may have reduced your defence submission deadline by one day.

I've checked those dates.
Due to Bank Holidays, the Defendant's deadline for filing a Defence remains at 4pm on Wednesday 29th December 2021.

shariifi

I have written my defence, can someone please help if all correct as my english is not very good.

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 the driver of the vehicle in question but liability is denied. 

3.  The Defendant was, at all material times, employed as a XXXXXXX, working on the site at XXXXXXX for over 3 months. The Defendant’s vehicle XXXXX was always parked in a vacated parking bay on the street at XXXXXXXX with no clear signs and no markings on the lanes of the street. The Defendant called the operator ‘UKPC’ and explained the situation and the Claimant agreed to cancel both tickets. The Defendant did not hear from the Claimant since December 2016 and assumed that the PCNs were cancelled as agreed and the case was closed. The Defendant shocked when he received the Court Claim on 24/11/2021 after 5 years from the initial PCN NNNNNNNN was issued on 23/11/2016.

The rest from para 4 are from the template....
4. The Particulars of Claim set out an incoherent statement of case and the quantum has been enhanced in excess of any sum hidden in small print on the signage that the Claimant may be relying upon.  Claiming ‘costs/damages’ on an indemnity basis is stated to be unfair in the Unfair Contract Terms Guidance, CMA37, para 5.14.3.  That is the official Government guidance on the Consumer Rights Act 2015 ('CRA 2015') legislation which must be considered, given the duty in s71.  The Defendant avers that the CRA 2015 has been breached due to unfair terms and/or unclear notices (signs), pursuant to s62 and with regard to the requirements for transparency and good faith, and paying regard to examples 6, 10, 14 and 18 in Sch2.  NB: this is different from the UTCCRs considered by the Supreme Court, in that there is now a requirement for contract terms and notices to be fair.

....

Thanks in advance

Le_Kirk

shariifi said:

 The Defendant did not hear has not heard or [has had no communication] from the Claimant since December 2016 and assumed that the PCNs were cancelled as agreed and the case was closed. The Defendant was shocked when he received the Court Claim on 24/11/2021 after over 5 years from the initial PCN NNNNNNNN that was issued on 23/11/2016.

Couple of suggestions above.  Use either the text within the square brackets [ ] or that before them.

shariifi

Many thanks for all the people (Fruitcake, KeithP and Le_Kirk) in this forum who helped me prepare this Defence. The Defence has been to emailed to the address posted here https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585 and the following automated response received:

COVID- 19 Update;

Due to COVID-19, we may take longer to answer your calls and correspondence and to process claims. We are sorry but, to prioritise urgent work, we cannot provide updates on how your case is progressing.

The County Court Business Centre are currently working a 50/50 split of available staff resource, a week on, week off system to safeguard our team and to comply with social distancing, in our commitment to delivering an ongoing service to our customers.

 

If you should have any queries please forward to CCBC@JUSTICE.GOV.UK

 

Thank you for emailing the County Court Business Centre, please accept this as a receipt of your email.  Where a response is required we will endeavour to respond to your email within 10 working days (please do not re-send duplicate messages)

 If you’ve submitted a complaint, please note that the Court will aim to reply within 10 working days. (please do not duplicate complaints)

 

The County Court Business Centre is a separate entity to Northampton Combined Court and therefore only deal with CCBC and Traffic Enforcement queries.   We do not deal with Family, Probate or Bankruptcy matters.

 

One more query please, when do I need to fill and submit the Directions Questionnaire (N180) stage form?

Thanks

Le_Kirk

Keep you eye on your MCOL account and look on the status page where you can see when your defence was received, when it was sent to claimant, when the claimant decided to continue with the claim and when your DQ was sent out to you.  Then you can download one and complete it.

Fruitcake

As above, but do not use a N180 form that is sent to you by the claimant.

Coupon-mad

And don't ask us about the DQ please...the court procedures - including every box to tick - are fully covered in the second post of the NEWBIES thread under the RED heading about 'what happens when' and in the first post of the Template Defence thread, where we give you 12 steps. You are not past step #7 out of 12 yet.

shariifi

I have not received a DQ form from the court within a week of filing a defence (Defence was received on 21/12/2021 by court).

Today 12/01/2022, I have received an email from DCB Legal LTD with an N180 form attached asking me to fill it. The NEWBIES thread advised me not to fill their N180 form and wait the DQ form from the court.

Does anyone know, how long should I wait the DQ form from the court?

D1 At which County Court hearing centre would you prefer the small claims hearing to take place and why?

What's the answer to put in for reason Why? Its not mentioned in the NEWBIES

Redx

shariifi said:

I have not received a DQ form from the court within a week of filing a defence (Defence was received on 21/12/2021 by court).

Today 12/01/2022, I have received an email from DCB Legal LTD with an N180 form attached asking me to fill it. The NEWBIES thread advised me not to fill their N180 form and wait the DQ form from the court.

Does anyone know, how long should I wait the DQ form from the court?

D1 At which County Court hearing centre would you prefer the small claims hearing to take place and why?

What's the answer to put in for reason Why? Its not mentioned in the NEWBIES

Typically 4 to 8 weeks , so keep checking your MCOL claim history to see when it's posted , then fill in the PDF and email it

Local court , accessibility , it's your right to nominate one near you , one that is convenient , even if it ends up as a video hearing or telephone hearing