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Advice needed regarding County Court Claim Form DCB Legal & UKPC

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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    i2obies said:
    I have received a county court claim dated 12th October 2022...

    With a Claim Issue Date of 12th October, you have until Monday 31st October to file an Acknowledgment of Service but 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 14th November 2022 to file your Defence.
    That's four weeks away. Plenty of time to produce a Defence, but please don't leave 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 guidance.
    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'.
  • i2obies
    i2obies Posts: 42 Forumite
    10 Posts Name Dropper
    @Umkomaas thanks for that it’s interesting that they are dropping so many claims. They are just trying to scaremonger people into paying there scams!
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Nothing has changed about my advice. 
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • i2obies
    i2obies Posts: 42 Forumite
    10 Posts Name Dropper
    I have completed the AoS this morning on the MCOL website so if I have calculated correctly I need to have my defence sent off before 20th November? I will hopefully have it completed well before this date anyway. 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    i2obies said:
    I have completed the AoS this morning on the MCOL website so if I have calculated correctly I need to have my defence sent off before 20th November? I will hopefully have it completed well before this date anyway. 
    You are mistaken.

    Did you see the post I made yesterday?...
    KeithP said:
    i2obies said:
    I have received a county court claim dated 12th October 2022...

    Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 14th November 2022 to file your Defence.

  • i2obies
    i2obies Posts: 42 Forumite
    10 Posts Name Dropper
    @KeithP my mistake for some reason I thought it was 33 days time from filing the AoS. Thanks for that! 🤦🏻‍♂️
  • Umkomaas
    Umkomaas Posts: 43,852 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 18 October 2022 at 11:11AM
    i2obies said:
    @KeithP my mistake for some reason I thought it was 33 days time from filing the AoS. Thanks for that! 🤦🏻‍♂️
    Nope, a maximum of 33 days from the date of issue shown on the court claim form (for any other newbies reading this, getting up to 33 days to construct and submit your Defence is contingent on acknowledging the claim within 19 days of the date of issue). 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • i2obies
    i2obies Posts: 42 Forumite
    10 Posts Name Dropper
    I have started to write my defending paragraph 3. Would it be possible to have some feedback please.

    3. The defendant was staying at the Travelodge hotel next to St James retail park, where a PCN was issued at 09:55am. The defendant believed that the car park was free for the first hour and only chargeable between 09:00hrs - 1800hrs. Upon entering the car park the sign states in bold maximum 5 hours stay between 09:00-18:00 with non visible unreadable small print below, no where on the sign was it clearly stating pay and display. 

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You could add that guests of the Travelodge get longer parking and the first hour (within the chargeable times) is free. However the term is ambiguous and it seems the Defendant is being pursued for no actual money owed, but instead is being penalised for not knowing to take a ticket to cover the first free hour.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • i2obies
    i2obies Posts: 42 Forumite
    10 Posts Name Dropper
    You could add that guests of the Travelodge get longer parking and the first hour (within the chargeable times) is free. However the term is ambiguous and it seems the Defendant is being pursued for no actual money owed, but instead is being penalised for not knowing to take a ticket to cover the first free hour.
    Yes that sounds good thank you. 🙏 
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