DCB COUNTY COURT CLAIM - CCBC

Trainerman

@KeithP beat me to it. You have weeks yet, but seem to be in a damaging rush. For example, you get one response and add another post almost straight away. You have to 17th October, and I think you need to see what responses you get, giving time for more than one before you rush to edit. Make sure you understand what is being said, as well as the Newbies and the overall process.

To me , it stands to reason that the first thing would be SAR so that by WS time you would know what the other side really have

Not_A_Hope

Imagine you are playing poker and a SAR gave you a peek at the oppositions cards. Could be useful as you currently have little information to base your WS on. You can submit one anytime. Doesn’t have to be at LBC stage.

Coupon-mad

Agreed, do a SAR by email to UKPC tonight.

This but can't be right as there are 3 PCNs so the date can't be right.  Personally I'd remove this altogether as it adds nothing:

Through research the Defendant has come to understand that the claim relates to a PCN(s) that was issued against the Defendant’s vehicle LXXX XXX, over 5 years ago on 20 May 2017

 You have the phrase " The claim was an unexpected shock" in para 1 and then you repeat it in 4. Para 4 needs work.

Your draft point 4 is far too long.  I'm not convinced it is correct either, because you say that the NTK is non-POFA...was it? I thought you never got a NTK?

Le_Kirk

You only need to show us the defence paragraphs 2 & 3 plus any additional ones for anything that is not covered in the template, we don't need to check the rest of the template.  You do add the rest of the template before submitting to CCBC.  Does the defence cover more than one PCN as you seem to be defending that way.  Do you have one claim or five claims against you?  Unless you are removing the words as stated above by @Coupon-mad you need to check your paragraphs pertaining to this as you speak about claims "four years ago" and "more than five years ago".  it is important to be accurate.

MOCHOW25

@Le_Kirk @Coupon-mad @Not_A_Hope @KeithP

 thank you all for your feedback!  

The claimant is claiming 3 unpaid pcns dates being 2017, 2018 & 2019.  So my defence should cover  for all 3 as the claim is for 3 PCNs that is what I understood reading other posts & defences.

Thank you all

MOCHOW25

H@KeithP

Thanks for all the advice given.

Just to update that SAR request has been sent to UKPC data operator & I've sent email to DCB legal as per the guidance on SAR on the newbies thread second post referred to by @KeithP

I have sold the vehicle and am no longer a keeper of the vehicle as of May2021 and I don't know if this should be input anywhere in my defence

MOCHOW25

@Coupon-mad I never saw a NTK whether they sent it or not i'm not sure but I cannot recall receiving.  As you say I will remove that point on Para 4

MOCHOW25

Following advice on here, I've changed the draft defence as below will add more if I get pointers

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The identity of the driver at the material time is unknown to the defendant. The Defendant was not the driver of the vehicle in question and is unable to recall who was driving on that unremarkable day over 5 years ago.

 

3. The Defendant believes that the Notice to Keeper was not compliant with the Protection of Freedoms Act 2012 (‘PoFA’), and therefore incapable of holding the keeper liable with the ‘keeper liability’ requirements set out in the ('PoFA'), Schedule 4.The Defendant was issued with a Claim Form by DCB Legal acting on behalf of the Claimant UK Parking Control Limited for a total amount of £799.60 (inclusive of a £70 Court Fee & £70 Legal representative's costs).  The Defendant does not recall coming across any correspondence pertaining to the PCN(s) being claimed.  The Claimant claims for a Parking charge(s) issued to vehicle Lxxxxxx at XXXXX, London  and XXXXXX, .  The Defendant is unaware of why the vehicle was at these locations when the PCN(s) were issued as the Defendant did not receive any letters.

4. 

The facts in this defence come from the Defendant's own knowledge and honest belief.  To pre-empt the usual template responses from this serial litigator: the court process is outside of the Defendant's life experience and they cannot be criticised for adapting some pre-written wording from a reliable advice resource. The Claimant is urged not to patronise the Defendant with (ironically template) unfounded accusations of not understanding their defence.  This Defendant signed it after full research and having read this defence several times, because the court process is outside of their life experience. 

Rest of the defence is per the template on the newbies thread post 2

Help much appreciated

Not_A_Hope

The fact that you no longer own the vehicle is irrelevant to their claim and to your defence

Coupon-mad

This bit needs tweaking as there are 3 dates not one day:

"... is unable to recall who was driving on that unremarkable day over 5 years ago."

Can you add some facts as to whether you know the location (local retail park?) and that family members have shopped there over the years. The Defendant can state that these would have been normal shopping trips as patrons of the retailers, quite possibly two visits in a 24 hour period wrongly caught by the cameras as if these were 'overstays' which is a well-known inherent flaw of ANPR.  The Claimant is put to strict proof of their assertions, which are currently as clear as mud from the sparse Particulars.