URGENT - UKPC Defence - Court Proceedings

abc123ZDM

Hello All,

I'm seeking urgent advice on a claim that has progressed to a court summons.

A little background of the alleged claim:

• I received a PCN on 4/11/2018 for supposedly parking in a permit area without displaying a valid permit
• I subsequently received notification letters for around 6 months, that stopped
• During the first lockdown, I all of a sudden began to receive dozens more, that eventually came from DCB Legal
• I ignored all until the 'Letter of Claim' at which point I sent a SAR to UKPC
• I eventually received the 'Claim Form', but have since moved address from my parents so didn't get it in time to do the 'Acknowledgement of Service'.
• I called up the court, explained the issue, and they advised I sent a defence that day to prevent CCJ

For my Defence, I used the standard template in the Newbies forum but obviously rushed because I had 1 hour to do it. I kept the template as is and adapted the following sections:

The facts as known to the Defendant: 

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question. 

3. The Defendant had attended this site as they were visiting their sibling who resided in *** during the academic year in which the alleged offence occurred. It is therefore understood and accepted that the Defendant was entitled to park there throughout their stay. The Defendant can provide conclusive evidence demonstrating that their siblings resided at *** during this period and that the contract stipulates the free use of the car park. It is possible that the Defendant either a) did not see the signage because they were obscured and/or not clear; or b) a permit was displayed. 

and added the following section at the very end...

Additional Comments 

The defendant no longer resides at the address at which the Claim Form had been posted to, *** , and consequently was only provided with the letter today, * June 2022. It is for this reason that the Defendant could not feasibly submit the Acknowledgement of Service within the given timescales. The Defendant may also supply additional evidence at a subsequent date on the basis they were forced into prompt action in submitting this Defence. 

To add a bit of context, I do not recall this exact instance as I visited my sibling on a few occasions, and we're talking about something that happened 4 years ago. The images included in the SAR are of poor quality so I cannot see if there is a permit or not. In the event there isn't a permit, it could be that it had fallen or I didn't get one.

I then received a letter from DCB Legal (again, to the wrong address) on 28/5 advising that they intend to proceed with the claim, with a copy of the questionnaire enclosed.

I understand I now need to complete a questionnaire and that this is definitely going to court.

Do you guys think I have a good chance of winning, or should I settle?

Many thanks, guys!

Le_Kirk

It will not have been a "summons".  What stage are you at?  What was the date of issue of the N1 claim form?  Did you complete a AoS and if so, what date?  Have you actually submitted your defence and has it been received?  Are you in time to complete the DQ before the deadline - it will be shown on the accompanying document from the CCBC.  Have you actually received your own DQ from CCBC?

Coupon-mad

No settling! 

But it worries me that the claim was sent to an address where you don't live and you say you have not acknowledged the claim in time?

That means you are in a race against a default CCJ. Get this defence in within the next hour or so!

You must also put right the address for service very clearly on your covering email today (and make sure you get an acknowledgement from the CCBC immediately). 

Defence looks fine except the word 'offence'. it is not an offence. It is an alleged parking event.

Also your sentence that starts 'It is possible that' sounds vague and evasive.  This would be better:

The Defendant does not recall this exact instance as they visited their sibling on a few occasions. Further, this alleged event was 4 years ago and letters have not been sent to a current address (the claim included). The images included in the Claimant's recent SAR response are of poor quality so the Defendant cannot see if there is a permit or not. In the event there is no clear evidence of a permit in view, it could be that it had fallen or was being fetched from the resident during the mere minutes it took for the blurry photos to be taken without a 'grace period' nor fair observation by the predatory ticketer, or self/ticketer seeking a bounty payment. Predatory ticketing that allows insufficient time to fetch a permit is unfair and against the relevant Code of Practice.

abc123ZDM

Thanks for your responses...

@Le_Kirk - I received the Claim Form from CCBC i.e. 'Issue Date' 26/5, and was forced to submit my Defence immediately upon finding it 22/6, to avoid a default CCJ. I submitted it with the details in the original post. I then received acknowledgement from CCBC at the right address, but found out yesterday that DCBL posted a letter to the incorrect address (AGAIN!) stating they've reviewed my Defence and the Client wishes to proceed with the claim. I am yet to receive the DQ from CCBC.

@Coupon-mad - thank you for the revised wording. Given DCBL has already reviewed and responded to my Defence, do you think I should still re-submit to CCBC with the revisions? I did end my Defence with the additional comments suggesting I would add to it on the basis I was forced to complete it in an hour.

Coupon-mad

Oh, you already sent defence (I missed that) so you can't amend it. Just use that wording when it comes to your WS and evidence.

Your case might go quiet for a while - but please stick around every week, set email alerts and not for this little thread, as you won't get replies when nothing is happening.

Please (all posters) come back in a few weeks to do the Public Consultation.

Your experience and opinion needs to be heard by Government.

Set up email alerts for this forum and bookmark this thread (below) as we intend that one of us posts on it when the Government opens the Consultation:

https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

We need to stop the rotten industry from stamping all over the new statutory Code and charge levels and basically bullying the whole country.

Only a very robust public voice can stop litigation being the 'first resort' with a whole greedy micro-industry piggybacking on the PPC World bandwagon.

Le_Kirk

abc123ZDM said:

I am yet to receive the DQ from CCBC.

Keep your eye on your status page on MCOL and wait to see that your DQ - N180 has been sent then download and complete one - instructions in the template defence thread.

abc123ZDM

Hi guys,

I received a ‘Notice of Proposed Allocation to the Small Claims Track’ letter dated 6/7, with the DQ and option to use HMCTS mediator service.

What is my best option at this stage? Could the mediator service offer a quick resolution? If not, how should I fill in my questionnaire and who do I send it back to?

thanks!

Coupon-mad

The NEWBIES thread 2nd post section in RED CAPITALS called:

'IMPORTANT: KNOW WHAT HAPPENS WHEN'

...already tells you all about this - including how to answer every single question in the DQ - and why NOT to agree to 'mediation' (nor a decision on the papers/without a hearing).

Obviously a big fat NO to both.

Coupon-mad

abc123ZDM said:

Hi guys,

I received a ‘Notice of Proposed Allocation to the Small Claims Track’ letter dated 6/7, with the DQ and option to use HMCTS mediator service.

What is my best option at this stage? Could the mediator service offer a quick resolution? If not, how should I fill in my questionnaire and who do I send it back to?

thanks!

Just reviewing your case - what happened next?

I am concerned that you have not confirmed that you emailed DCBLegal to tell them to stop using that old address.  It was vital to get that old address erased from their database to stop them using it.

If you haven't, you MUST do that or you won't get their WS and evidence.  Have you got a hearing date yet?  You have to do a WS and evidence bundle too.  As the NEWBIES thread tells you.

Has the local court got the right address for you too, are you getting the court letters to the right place?  Hearing date with the deadline to do Witness Statements?

abc123ZDM

Hi @Coupon-mad,

I sent the pack and DQ back to all parties with the correct address.

While the courts are sending the information to my new address, DCBL are still using my old address, even though I made them aware this was incorrect when I raised a subject SAR.

I have a court date of 13th January and haven’t started my defence.

I have just realised the letter states this should be done no later than 14 days prior to the hearing date. As I’ve missed the deadline, does this mean I can no longer draft a defence?

I have been away during Christmas and didn’t read that it had to be submitted 14 days in advance!

Thanks.

Fruitcake

Surely you have already submitted a defence, so you now need to submit a witness statement. You are in a race with the PPC in the hope they are also late with sending their WS. Have you received it yet?

Anyway, you need to crack on with yours today and submit it by 4pm, or as soon as humanly possible after 9 am tomorrow!

Use the WS by aphex007 as the basis for yours.