Claim form defence.

Alfieb93

Good evening all,
I'd appreciate if someone could please go over my defence.
I'm pretty rubbish at writing formal letters so any adjustments would be appreciated.
I copied the template in the newbies thread and adjusted 2 and 3.

The charges were issues on 11/12/2016 and 13/01/2017.
The initial charge was 100 each and 60 each is paid early.
They're now claiming 588.60
I was parked at the entrance to flats I was staying in with my then girlfriend

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

3. On both occasions, the charges were issued while the Defendant was carrying furniture from his vehicle to his partner’s flat. The vehicle was stopped temporarily near the entrance to assist loading.

Being that the car park is on site of residential apartments it is fair that allowances should be made for moving of furniture.

The defendant does not recall seeing any signs.

The defendant submitted a subject access request on 04/12/2021 and received photos of a sign with illegible terms and conditions.

The first charge was issued at 23.25 at night during low light.

From the Defendant’s SAR, it is obvious the signs the claimants show in their photographic evidence wouldn’t be clearly visible upon entering the car park due to their small size and position. They are above the line of sight from the driver’s seat of a vehicle. Whilst navigating the car park, negotiating traffic and looking for a space to stop, it is the Defendant's position that he did not see any signs upon entering the car park.

The signs within the car park are also small, have illegible, a mix of small font and are positioned above eye-level making them harder to spot.

The charges were issued 6 years ago, so any further particulars of the event have long left the defendants memory.

Mouse007

You've got a winner - Jop something if I recall correctly. Stay tuned... I need to.. and then someone else will beat me to it (probably)

KeithP

Hello and welcome.

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

Mouse007

Here you go  - appeal court

https://www.parkingcowboys.co.uk/wp-content/uploads/2016/12/JOPSON-V-HOMEGUARD-2906J-Approved.pdf

Coupon-mad

Ah... oh dear. You could have timed both PCNs out of you'd only replied to the LBC last month.  One email would have stopped the claim.

Which PPC?

Which solicitor?

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

Alfieb93

KeithP said:

Hello and welcome.

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

03 November mate

Alfieb93

Coupon-mad said:

Ah... oh dear. You could have timed both PCNs out of you'd only replied to the LBC last month.  One email would have stopped the claim.

Which PPC?

Which solicitor?

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

I think the LBC came last year which is when I asked for the SAR if I remember correctly.
ITs UKPC through DCBL
The issue date is 3rd November.
I sent the acknowledgement on 16th late evening so it would have got to them on 18th which is late but hopefully there's some leeway.  

KeithP

Alfieb93 said:

KeithP said:

Hello and welcome.

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

03 November mate

With a Claim Issue Date of 3rd November, you have until Tuesday 22nd November to file an Acknowledgment of Service but there is nothing to be gained by delaying it. That's just two days away. Failure to file an Acknowledgment of Service by 4pm on Tuesday means your Defence filing instantly becomes due. 

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 Tuesday 6th December 2022 to file your Defence.

That's over two 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'.

Alfieb93

KeithP said:

Alfieb93 said:

KeithP said:

Hello and welcome.

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

03 November mate

With a Claim Issue Date of 3rd November, you have until Tuesday 22nd November to file an Acknowledgment of Service but there is nothing to be gained by delaying it. That's just two days away. Failure to file an Acknowledgment of Service by 4pm on Tuesday means your Defence filing instantly becomes due. 

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 Tuesday 6th December 2022 to file your Defence.

That's over two 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'.

That's good then the acknowledgement should have been with them on 18th. However I've received no confirmation.

KeithP

Alfieb93 said:

KeithP said:

Alfieb93 said:

KeithP said:

Hello and welcome.

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

03 November mate

With a Claim Issue Date of 3rd November, you have until Tuesday 22nd November to file an Acknowledgment of Service but there is nothing to be gained by delaying it. That's just two days away. Failure to file an Acknowledgment of Service by 4pm on Tuesday means your Defence filing instantly becomes due. 

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 Tuesday 6th December 2022 to file your Defence.

That's over two 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'.

That's good then the acknowledgement should have been with them on 18th. However I've received no confirmation.

Looks like you may have sent your Acknowledgment of Service by post.
Why not file it again online as described in my earlier post?
That way you'll have instant confirmation that an AoS has been filed successfully.

Umkomaas

As your case involves UKPC/DCB Legal, 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 as all those detailed in the thread. 

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