Letter of Claim from DCB legal

KeithP

SCompx said:

Question: so after adding John86's from number 5-11 (will adjust para numbers) I need to carry on with template defence from para number 4 to end para 27 and statement of truth, right?

Yes.           

SCompx

KeithP said:

SCompx said:

Question: so after adding John86's from number 5-11 (will adjust para numbers) I need to carry on with template defence from para number 4 to end para 27 and statement of truth, right?

Yes.           

Thanks, will add evening time, low light in my defence and submit it tomorrow.

SCompx

SCompx said:

Thank you all for you help, really really appreciate this. as suggested - Updated the defense with Harvez63 and will add copy from John86 from number 5-11 but changing number from 7 onwards. 

3.    The Defendant entered a car park on xx-xx-2022, to purchase a Subway, during which the Defendants partner went inside whilst the defendant remained in the car. On the approach to the car park from a busy road no sign was noticed on entry, and no contract was formed with The Claimant. 

4.    Only by revisiting the site after receiving the PCN did The Defendant learn the sign read "Private", however, this is facing in the opposite direction of the road and can only be read by standing directly in front of the sign, which is unreadable from a car. Entry to this car park also involves crossing a busy footpath, and directly next to the reversed sign are giant signs for Tesco; a small "P" isn’t readable and invites parking, not signalling any contract was being entered into.

5.    The car park is next to Subway, The car park boundary includes and appears to serve the retail stores Subway, Chaaye Paani, Papa Jones, 805 Restaurant, Mathhouse, Costa, and Tesco, but the parking is apparently owned by the Claimant. Two signs are placed on the pole noting Bank Park, which are directly central to the car parking bay, and when a car is parked in front of them, unreadable. The Defendant did not park in these spaces, or any spaces, as a matter of fact.

6.   Whilst reviewing the location historically since the PCN was received, It was noted that the small "P" sign reversed. In 2021, according to Google Streetview, there was a P sign in the right-corner next to giant Tesco board, but sometimes a tree would cover it or a car would be parked in front of it and obscure it. Even if it was not reversed - and the Claimant is put to strict proof - this sign isn’t adequate and therefore wasn’t noticed either. There where no other signs at the time of the event to indicate parking restrictions were in place.  Along with his witness statement for this hearing, the Defendant will append Google Streetview images to demonstrate the 'flipped backward' covered under trees signage issue at this notorious entrapment zone.

Will add below statement as para 6.

6. The defendant asserts that low light conditions can significantly impair a person's ability to see and read signs, particularly if they are not illuminated. In this particular case, the defendant claims that even if the parking sign was not reversed, it was poorly lit and thus not visible to them during the evening due to the low light conditions.

SCompx

Thank you all - for your help - really appreciate it. Submitted the defence via email and get auto response back with subject.

AUTO RESPONSE DO NOT REPLY - CCBC AQ Acknowledgment

SCompx

It's around 10-11 days and I still didn't received DQ yet. I read that I have to chase if do not arrive withing a week.

KeithP

SCompx said:

It's around 10-11 days and I still didn't received DQ yet. I read that I have to chase if do not arrive withing a week.

I don't know where you read that.

The CCBC sent you a letter, or will send you a letter, saying the Claimant has twenty eight days to consider your Defence.

What you don't know is when the CCBC sent a copy of your Defence to the Claimant. 

It follows from that that it is not known when the Claimant has to respond to the CCBC. 

Further, we don't know what delays there are in the CCBC that means they don't send you a Directions Questionnaire as promptly as you might like.

Can I suggest that you keep checking your MCOL Claim History and as soon as you see that the CCBC has sent a DQ to you, you are ready to download a DQ, complete it and fire it back at the CCBC, remembering to send a copy to the Claimant of course?

SCompx

KeithP said:

SCompx said:

It's around 10-11 days and I still didn't received DQ yet. I read that I have to chase if do not arrive withing a week.

I don't know where you read that.

 Thanks. It was here https://forums.moneysavingexpert.com/discussion/comment/71763411#Comment_71763411

B789

SCompx said:

KeithP said:

SCompx said:

It's around 10-11 days and I still didn't received DQ yet. I read that I have to chase if do not arrive withing a week.

I don't know where you read that.

 Thanks. It was here https://forums.moneysavingexpert.com/discussion/comment/71763411#Comment_71763411

That thread is over seven and a half years old! 

SCompx

Update: I received N180 from the DCB legal but nothing changed on the money claim website, last transaction is "Your defence was received on 30/03/2023"

Do I still need to wait until I can see the transaction in the moneyclaim website?

Coupon-mad

Yes.

The one from DCB is not your N180; this is a random letter that you should be expecting as it is included in the 12 steps in the first post of the Template Defence thread.