County Court Business Centre, DCBL

Biku48

 Hi all

I have received a letter from the County Court Business Centre, and I have now completed AOS. What further action do I need to do please?

My thanks to KeithP, Patient Dream, and Fruitcake for your assistance and support in my last post. 

Kind Regards

KeithP

I don't know what's happened to your earlier threads, but it looks like we'll have to start again.

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.
For the moment I'll assume you filed it sometime after 4th November. Please confirm.

With a Claim Issue Date of 31st October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 5th December 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 at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

Biku48

Hi Keith,

Thank you very much for your help and support. I have requested that my previous thread be removed due to inappropriate content. My AOS was filled out yesterday. Thank you.

Regards

patient_dream

Here are the important pictures you need

1: THE ENTRANCE ...... Note there is NO sign'  Look to the left and you will see the small UKPC sign facing TGI Friday, which is easily missed when driving in.  The sign on the gate simply states "parking for patrons"


2: THE SIGN which is repeated in the car park. The writing is so small you would need a zoom lens or binoculare to read it


3: THE SAME SIGN.   DCBL are claiming so called damages, can anyone see this fake claim on the sign ?


These UKPC signs are the normal rubbish that they use

Biku48

Hi Keith 
I can't thank you enough. I  appreciated your help.
Regards 

Biku48

Hi all

I have emailed DCBL and asked who the £70 damage will be paid to. Today, they replied to me and asked me these questions. Do I need to reply? I need your suggestions please.

Regards

The bellows email message from DCBL:

We write in response to your email dated 7th November 2022

For data protection please provide the following:

•           Your full name

•           Your first line of address

•           Your postcode

Please note, failure to respond to this email with the required information may result in the matter progressing further.

Kind Regards,  

Morgan Falconer 

Litigation Support Associate 

DCB Legal Ltd  

KeithP

Don't bother replying.

Instead concentrate on completing your Defence.

Biku48

Hi everyone 

I have uploaded my draft defence. I would appreciate it if you could check and advise me.

Your help is greatly appreciated 

IN THE COUNTY COURT

Between

UK Parking Control Limited Union House

111 New Union Street (Claimant)

-and-

xxxxxxxx (Defendant) __________________ DEFENCE

Claim No: xxxxxx

 1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim were an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. It is denied that any conduct by the driver was a breach of any prominent term, and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

2. That the Defendant was the registered keeper and driver of the vehicle in question at the time of the alleged incident.

3. Different shops are scattered around, so I had to go to them one at a time. Defendant’s car was initially parked at TGi Friday and moved to the Range. they thought that each store applied separate parking times, but the shop included all the time in one go.

4. THE ENTRANCE: There is NO sign' Look to the left and you will see the small UKPC sign facing TGI Friday, which is easily missed when driving in. The sign on the gate simply states "parking for patrons"

5. THE SIGN which is repeated in the car park. The writing is so small you would need a zoom lens or binocular to read it

6. To the best of the Defendant’s knowledge, they fully complied with the car park’s rules by

entering the VRN and leaving within the initial ‘observation period’ allowed by the British Parking Association’s (BPA)Code of Practice (CoP) and left within the minimum ten minutes ‘grace period’ allowed by the BPA CoP at the end of the parking period.

7. The claim by DCBL is false. The parking ticket max is £100. DCBL have added £70 calling these damages. UKPC has not suffered damages, they are employed only for car park management, so who are DCBL claiming damages for.

8. The defendant was not able to park the car straightaway due to the long queue in the car park at the time. We had a difficult time finding a parking space due to Covid's time just over and a crowded car park. There was a delay in leaving or exiting the parking lot due to long queues.

09. Furthermore, there was no overstay nor any misuse of valuable parking space by the Defendant, whose car was parked in good faith, not in contravention nor causing an obstruction, and certainly not ‘unauthorised’.

 10. Due to sparseness of the POC it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant breached any contractual agreement with the Claimant, whether express, implied or by conduct.

11. The terms on the Claimant’s signage are also displayed in a font which is too small to be read from a passing vehicle and is in such a position that anyone attempting to read said font would be unable to do so easily.

12. The defendant is in no position to confirm or deny the Claimant’s car park entry/exit timings. The Claimant is reliant on the use of ANPR at the car park in question, ANPR (unless loaded with certain software) provides a first and last out basis for recording and is questionable under certain circumstances such as the following “if a vehicle enters a Car Park covered by ANPR.

13. In summary.

 The Claimant’s particulars disclose no legal basis for the sum claimed, and the court is invited to dismiss the claim in its entirety and to allow such Defendant’s costs as are permissible under Civil Procedure Rule.27.14

 14. I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

  Name: xxxxxxxx

Date: xxxxxx

 Signature: xxxxxxx

   

Coupon-mad

Not sure why you haven't used the 27 paragraph template defence?  You've lost so much of it by chopping the entire second half of it out.

You also have 'I' which needs changing throughout to 'the Defendant'.

The claim by DCBL is false.

The claim isn't by DCBL.  The claim is by UKPC.

Le_Kirk

If you do proceed with this as a defence, note that your paragraph 2 does not make any sense, maybe you meant to write: -

It is acknowledged that That the Defendant was the registered keeper and driver of the vehicle in question at the time of the alleged incident

Biku48

Hi everyone

Thank you very much for your kind suggestion Coupon-mad and Le_Kirk. I have updated and uploaded my draft Defence.
I would appreciate it if you/anyone expert could please check and advise me.

Your time and help are greatly appreciated.

Regards

Bik

https://www.dropbox.com/s/1k15fvurpw1iq81/20221116-Defence_Bik.pdf?dl=0