Letter of Claim from DCB legal

KeithP

SCompx said:

KeithP said:

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

28th February...

With a Claim Issue Date of 28th February, you have until Monday 20th March 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 3rd April 2023 to file your Defence.

That's over 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'.

SCompx

Thanks @KeithP I will not delay acknowledgement, will do it this week. Thanks again for all the pointers.

SCompx

Was busy for two weeks as we welcome new member in our family . but now back on the case.

Started reading the defense template - looks like I only need to update points 2 and 3 and can adopt reaming template.

In my previous communication, I said driver was not identified (as per the appeal template) but in defence I am saying I was the driver.

First draft below - Please let me know if I should change wording or something should or should not included. I assume more detailed evidence, photo etc. will go in the WS (after defence statement submitted)

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

3. The defendant parked their car in what they believed to be the Tesco parking but later discovered that it was a private parking. The defendant did not see any signs indicating that the parking lot was private at the entrance to the parking lot and was misled by a large Tesco board at the entrance of the parking that made them believe it was a Tesco parking space. The sign indicating that the parking lot was private was located near the end of the parking space, creating confusion for the defendant.

Additionally, the defendant notes that they parked their car at 8:23 pm when the light was not good, which made it difficult for them to see any signage indicating that the parking lot was private. The defendant only became aware of the private parking sign near the end of the parking space, which was difficult to see due to poor lighting.

Moreover, the defendant noted that there was a sign near the entrance to a secure gated parking area, which could have created confusion as to whether the private land was located after the gate or not. The defendant only became aware of this sign after they had parked their car.

Upon realizing their mistake, the defendant immediately got back into their car and left the parking lot within 12 minutes. However, the defendant has since received a parking charge notice for the short time they were parked in the private lot.

Furthermore, the defendant notes that they parked their car in a busy parking space that was difficult to navigate due to the number of vehicles present. The parking lot was located on a busy road, and it took the defendant longer than expected to exit the parking lot due to the high volume of traffic.

The defendant wishes to dispute this charge and argue that they did not use the parking space and were only parked there for a brief period.

B789

Every paragraph needs its own sequential number.

A bit too much admission about "private land" as though the D knows about this. Why would the D assume that a Tesco parking lot was NOT private land?

Too much like a WS than a defence. Your defence needs to be short and punchy with legal hooks that you will later hang your WS on. Of course, you will also add all the remaining paragraphs from the template as they cover most arguments the Claimant will try and use against the D.

Coupon-mad

Being a bit pedantic but all retail (including Tesco) car parks are 'private parking' anyway. It's not something different so you can't "later discover" it's 'private'. That word doesn't have a special meaning.

Pleeeeeeeease don't use Americanisms as they grate!  We don't have parking lots in this country.

I suggest take a look at the latest posts around 4pm today by @Harvez63 whose defence position is very similar to yours only he has already changed and perfected his defence and added paragraphs numbers.

THEN add in paras 5-11 copied from the defence posted this year by @Johny86 (put them after your facts section that you copy & adapt from Harvez63 ) because you need those extra paragraphs because yours is a DCBLegal claim. 

KeithP

SCompx said:

Was busy for two weeks...

But hopefully you manged to find five minutes to file an Acknowledgment of Service by 20th March?
Please confirm.

SCompx

KeithP said:

SCompx said:

Was busy for two weeks...

But hopefully you manged to find five minutes to file an Acknowledgment of Service by 20th March?
Please confirm.

Yes I file AOS on 7th March - I am also updating the first post for any future references.

SCompx

Coupon-mad said:

Being a bit pedantic but all retail (including Tesco) car parks are 'private parking' anyway. It's not something different so you can't "later discover" it's 'private'. That word doesn't have a special meaning.

Pleeeeeeeease don't use Americanisms as they grate!  We don't have parking lots in this country.

I suggest take a look at the latest posts around 4pm today by @Harvez63 whose defence position is very similar to yours only he has already changed and perfected his defence and added paragraphs numbers.

THEN add in paras 5-11 copied from the defence posted this year by @Johny86 (put them after your facts section that you copy & adapt from Harvez63 ) because you need those extra paragraphs because yours is a DCBLegal claim. 

Apologies - I come from non English speaking country and I learn English by doing some course (may be taught by Americans). Will look into those post and update the defence.

SCompx

Coupon-mad said:

THEN add in paras 5-11 copied from the defence posted this year by @Johny86 (put them after your facts section that you copy & adapt from Harvez63 ) because you need those extra paragraphs because yours is a DCBLegal claim. 

I found Harvez63's thread and post but can't find Johny86's thread. Are you pointing me towards Johny86's UKPA court claim post?

B789

SCompx said:

I found Harvez63's thread and post but can't find Johny86's thread. Are you pointing me towards Johny86's UKPA court claim post?

This is the thread by @Johny86: UKPC court claim