Court Claim Defence

Myrcella

Hello there, 

I have received a court claim form for a charge issued by DBC legal on behalf of UKCP. I sent an SAR a week ago and I've not heard back (this was within 30 days of receiving a Letter Before Court) and I don't know how to create a defence as I don't actually know when this is from or what the purported infraction is. I've drafted the below, based on a template provided on this forum:

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 does not know when this claim refers to as they have not been informed of this. The defendant parked at this car park (before its closure) regularly for work, so it is assumed that this they had done so on this occasion. A subject access request was made within 30 days of receiving a Letter Before Claim in order to try to ascertain this, yet no response to this has yet been received.

Side note: I have a neurological condition that makes it hard for me to follow complicated instructions, so I would be grateful if you could bear with me if I appear to miss something on a long post. 

Kind regards and thanks in advance for any advice.

M

KeithP

What is the Issue Date on your County Court Claim Form?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

UKCP?? Is that The United Kingdom Council for Psychotherapy?
Who is the Claimant?

Myrcella

Thanks for your response, Keith.

What is the Issue Date on your County Court Claim Form? 12th September 2022

Have you filed an Acknowledgment of Service? If so, upon what date did you do so? I don't know what this is.

Your MCOL Claim History will have the definitive answer to that.  I will have to look this up as I don't know what it is.

UKCP?? Is that The United Kingdom Council for Psychotherapy? UKPC  - I made a typo. 
Who is the Claimant? UKCP

Best wishes

Myrcella

Hello, I've not filled in the AoS  - I signed up on the MCOL site. Is this an electronic copy of the letter that was sent? It seems to be the same.... 

ab2000

If you read the Newbies thread it will tell you exactly everything you have to do.

Also look at the templated defence thread which will guide you through writing your defence.

KeithP

Myrcella said:

What is the Issue Date on your County Court Claim Form? 12th September 2022

With a Claim Issue Date of 12th September, you have until Monday 3rd October to file an Acknowledgment of Service. Do not file an Acknowledgment of Service before 17th September, but otherwise there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 17th October 2022 to file your Defence.

That's well over four weeks away. Plenty of time to produce a Defence and it is good to see that you are not leaving it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

1505grandad

"UKCP?? Is that The United Kingdom Council for Psychotherapy? UKPC  - I made a typo. 
Who is the Claimant? UKCP"

Just to clarify you mean UK Parking Control Ltd?

Myrcella

Hello, yes, thanks for checking. The solicitor is DCB legal. I've now submitted the AoS. Thanks for the help.

Umkomaas

Can you please confirm the full name of the parking firm pursuing you?

I thought I'd draw your attention to this fairly recent thread which you might have missed. You must keep going through all the necessary court procedure phases, but the hope is that your case will follow the same pattern of all those detailed in the thread. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Myrcella

Hi there, 

Thank-you. The name of the firm is UK Parking Control Limited. 

I hope the procedure is the same. It's quite overwhelming! I want to know what to defend, so hopefully I will find out. 

KeithP

Myrcella said:

I've now submitted the AoS. Thanks for the help.

Oh dear. Why did I bother writing...

KeithP said:
Do not file an Acknowledgment of Service before 17th September, but otherwise there is nothing to be gained by delaying it.

Your Defence filing deadline is now shortened by four days.

Having filed an Acknowledgment of Service on 15th September, you have until 4pm on Thursday 13th October 2022 to file your Defence.