DCB legal - Letter of claim

helpadviseneeded

I have amended it to include a space between UK and Parking

and also changed the numbering - thank you for pointing this out and taking the time to look over the defence. 

helpadviseneeded

I have submitted my defence via email - it was printed, and was signed by my husband and then I scanned it. It was sent to the email CCBCAQ@Justice.gov.uk

I received an auto response as below:

Please note that attachments must be sent in a format supported by the software used by the specified court to which it is sent.  These formats are listed on Her Majesty’s Courts and Tribunals Service website.  Attachments sent to a specified court in a format not listed will be treated as not having been received by the court.

Having checked it again to make sure of the format - it shows as it saved as JPEG!

Shall i resend it in a PDF format? 

Coupon-mad

Yes.  A defence should be a PDF.

helpadviseneeded

@Coupon-mad
thank you. I will resend.

Le_Kirk

3.1 The defendant parked the vehicle in a car park which was allocated for staff members. The defendant had a valid permit which was displayed every time he parked his vehicle in the car park. The Defendant parked the vehicle in that location 5 days a week and in the same parking place each time. 
3.2 The ticket was made of very flimsy paper, and was, to the full knowledge of the Defendant at the time, in place and visible when the car was locked and left parked. The Defendant has no knowledge of the point at which the ticket moved out of sight or why, but made all reasonable endeavours, and complied by conduct.

I note that you have switched between permit and ticket but, since you have now filed the defence it's too late to change it and I am sure a judge will understand you are talking abut the same flimsy bit of paper.  When it comes to witness statement time, just be clear you are talking about the same thing.  Glad to see you are sorted.

helpadviseneeded

@Le_Kirk

Thank you, I am usually so meticulous but as I have had so much personal issues going on this has really overwhelmed me and I have made so many errors, mainly not dragging it out before the court claim is the worst one of the lot as 6 yrs is fast approaching.

I am disgusted that they have taken this matter so far when they know full that he had a valid permit. I really would love to counter claim for all the inconvenience this has caused and all the time and effort it has taken. My husband has rheumatoid arthritis and stress aggravates it immensely. My health is poor also.
He has two weekly biological injections a week, is this something that should all be mentioned in the witness statement in due course as i am slowly going to start writing that up if i get the opportunity.

Le_Kirk

Your witness statement is backing up and supporting your defence, so unless you have stated that in your defence you cannot put it in your WS - unless of course it is relevant to why the PCN was issued in the first place.  Be careful of trying to introduce new legal arguments in the WS as the claimant will accuse you of ambushing them.

helpadviseneeded

Hi all.

I have today received a letter that the client intends to proceed which I understand, was as expected. 

There is a questionnaire attached however it has already been partially filled out by DCB legal - am I waiting for my own version of this form and is this one just for reference so I can see what their intention is and this is a ploy to make me try and settle?

If this is the case then when are we likely to receive this form?

KeithP

helpadviseneeded said:

I have today received a letter that the client intends to proceed which I understand, was as expected. 

There is a questionnaire attached however it has already been partially filled out by DCB legal - am I waiting for my own version of this form and is this one just for reference so I can see what their intention is and this is a ploy to make me try and settle?

Items 7 and 8 on that checklist you were following when you filed your Defence explain that...

Items 9, 10 and 11 on that list might be worth reading again too.

helpadviseneeded said:

If this is the case then when are we likely to receive this form?

The CCBC sent you a letter, or will send you a letter, saying the Claimant has twenty eight days to consider your Defence.

What you don't know is when the CCBC sent a copy of your Defence to the Claimant. 

It follows from that that it is not known when the Claimant has to respond to the CCBC. 

Further, we don't know what delays there are in the CCBC that means they don't send you a Directions Questionnaire as promptly as you might like.

Can I suggest that you keep checking your MCOL Claim History and as soon as you see that the CCBC has sent a DQ to you, you are ready to download a DQ, complete it and fire it back to the CCBC, remembering to send a copy to the Claimant of course?

helpadviseneeded

@KeithP thank you for your prompt and detailed reply.

I have just checked the MCOL claim history and this is the only information  showing at present:
Your acknowledgment of service was received on 09/08/2022
Your defence was received on 15/08/2022