UKPC / DCB Legal

IloveElephants

The SAR requests are in addition to following the MCOL process , but are not part of it , it should have been done long before the claim was issued , so you were playing catch up

Hi Redx
This is the issue, I do not know what evidence they have for this particular claim as I have not received the SAR so unable to write a defence yet. I want to see from the SAR how many letters were issued before the Court claim form. Thanks

KeithP

IloveElephants said:

The SAR requests are in addition to following the MCOL process , but are not part of it , it should have been done long before the claim was issued , so you were playing catch up

Hi Redx
This is the issue, I do not know what evidence they have for this particular claim as I have not received the SAR so unable to write a defence yet. I want to see from the SAR how many letters were issued before the Court claim form. Thanks

If the response to your Subject Access Request doesn't arrive in time, you will have to write your Defence without it. There is no alternative. Having said that, the response to a SAR will be much more useful at Witness Statement time.

IloveElephants said:

I want to see from the SAR how many letters were issued before the Court claim form.

That information is not needed in a Defence. 
Have you read any Defence threads here?
That is evidence. It comes later.

IloveElephants

KeithP said:

IloveElephants said:

The SAR requests are in addition to following the MCOL process , but are not part of it , it should have been done long before the claim was issued , so you were playing catch up

Hi Redx
This is the issue, I do not know what evidence they have for this particular claim as I have not received the SAR so unable to write a defence yet. I want to see from the SAR how many letters were issued before the Court claim form. Thanks

If the response to your Subject Access Request doesn't arrive in time, you will have to write your Defence without it. There is no alternative. Having said that, the response to a SAR will be much more useful at Witness Statement time.

IloveElephants said:

I want to see from the SAR how many letters were issued before the Court claim form.

That information is not needed in a Defence. 
Have you read any Defence threads here?
That is evidence. It comes later.

Hi Keith, thanks for your patience, 

Yes I have read the Defence threads, however this event was in 2018 and I cannot remember anything that took place at the time so unsure what to base the defence on. It can be multiple defences.

KeithP

IloveElephants said:

KeithP said:

IloveElephants said:

The SAR requests are in addition to following the MCOL process , but are not part of it , it should have been done long before the claim was issued , so you were playing catch up

Hi Redx
This is the issue, I do not know what evidence they have for this particular claim as I have not received the SAR so unable to write a defence yet. I want to see from the SAR how many letters were issued before the Court claim form. Thanks

If the response to your Subject Access Request doesn't arrive in time, you will have to write your Defence without it. There is no alternative. Having said that, the response to a SAR will be much more useful at Witness Statement time.

IloveElephants said:

I want to see from the SAR how many letters were issued before the Court claim form.

That information is not needed in a Defence. 
Have you read any Defence threads here?
That is evidence. It comes later.

...this event was in 2018 and I cannot remember anything that took place at the time so unsure what to base the defence on.

What 'took place at the time' is evidence.
I said earlier - evidence comes later.
A Defence is about legal arguments. Maybe challenging the Particulars of Claim, for example.

I suggest you again read the first two posts on the Defence template thread.

Stop asking questions and show us your proposed Defence when you are ready.
Most of your Defence has already been written for you.

IloveElephants

Thanks Keith,

step 1. I am on the MCOL portal, I have clicked Acknowledgment of service - guidance as in the dropbox file example. 

step 1 of 5 - My unique ref is blank 
personal details filled in etc..

I intend to:  Defend all of this claim 

Summary : I am the defendant 

Signed and typed my name on the box on the right hand 

then submit


Now hopefully this has given me breathing space to, think clearly and write my defence. 

IloveElephants

Now the portal is out of the way I will not go back to that website and login in, only use it for "read only"

Now my focus is on putting together my defence. 

Redx

IloveElephants said:

Now the portal is out of the way I will not go back to that website and login in, only use it for "read only"

Now my focus is on putting together my defence. 

Correct , defence , not Witness statement , not evidence

Whilst it may be handy for you to have copies of their letters , it's not essential at this time !

They may reply in time , they may not , but you have a definite deadline which you must not miss , regardless of the SAR reply , or lack of it in time ( if you received an LBC a month or two ago , it should have been done then , but no crying over spilt milk now , it is what it is ,CSO work around it , read other Court claim threads , see what they wrote , I would ! )

IloveElephants

Redx said:

IloveElephants said:

Now the portal is out of the way I will not go back to that website and login in, only use it for "read only"

Now my focus is on putting together my defence. 

Correct , defence , not Witness statement , not evidence

Whilst it may be handy for you to have copies of their letters , it's not essential at this time !

They may reply in time , they may not , but you have a definite deadline which you must not miss , regardless of the SAR reply , or lack of it in time ( if you received an LBC a month or two ago , it should have been done then , but no crying over spilt milk now , it is what it is ,CSO work around it , read other Court claim threads , see what they wrote , I would ! )

Thank you RedX,

I do not have any copies of letters, 

Yes, I will read other court claim threads and put something together for the forum team to offer me feedback on getting it right. 

Redx

IloveElephants said:

Redx said:

IloveElephants said:

Now the portal is out of the way I will not go back to that website and login in, only use it for "read only"

Now my focus is on putting together my defence. 

Correct , defence , not Witness statement , not evidence

Whilst it may be handy for you to have copies of their letters , it's not essential at this time !

They may reply in time , they may not , but you have a definite deadline which you must not miss , regardless of the SAR reply , or lack of it in time ( if you received an LBC a month or two ago , it should have been done then , but no crying over spilt milk now , it is what it is ,CSO work around it , read other Court claim threads , see what they wrote , I would ! )

Thank you RedX,

I do not have any copies of letters, 

Yes, I will read other court claim threads and put something together for the forum team to offer me feedback on getting it right. 

Most people don't , because they didn't receive them , or binned them , so you cannot complain or blame the parking company , but you defend against the particulars of claim , 90% of the defence is written for you already , by coupon mad , you have a deadline to meet , irrespective of any SAR reply , you cannot obtain extra time to wait for the SAR reply , nearly everyone else is in the same boat , but they seem to manage

IloveElephants

Redx said:

IloveElephants said:

Redx said:

IloveElephants said:

Now the portal is out of the way I will not go back to that website and login in, only use it for "read only"

Now my focus is on putting together my defence. 

Correct , defence , not Witness statement , not evidence

Whilst it may be handy for you to have copies of their letters , it's not essential at this time !

They may reply in time , they may not , but you have a definite deadline which you must not miss , regardless of the SAR reply , or lack of it in time ( if you received an LBC a month or two ago , it should have been done then , but no crying over spilt milk now , it is what it is ,CSO work around it , read other Court claim threads , see what they wrote , I would ! )

Thank you RedX,

I do not have any copies of letters, 

Yes, I will read other court claim threads and put something together for the forum team to offer me feedback on getting it right. 

Most people don't , because they didn't receive them , or binned them , so you cannot complain or blame the parking company , but you defend against the particulars of claim , 90% of the defence is written for you already , by coupon mad , you have a deadline to meet , irrespective of any SAR reply , you cannot obtain extra time to wait for the SAR reply , nearly everyone else is in the same boat , but they seem to manage

Thanks RedX, I am now working on putting a defence letter together, yes coupon-mad is a great person. I aim to submit my defence by the weekend if all goes to plan.