Received claim form from Country court - DCB Legal / CCPC LTD

Coupon-mad

Echino said:

They also said I could send my defence to this address. Is it okay to send the defence as a PDF document made from word rather than written on their form?

But the Template Defence thread already tells you all this.

Echino

Thanks for the responses so far. What an education this is. 

So far I have:

1. Submitted my acknowledgement of notice via the Gov gateway. 
2. Emailed a SAR to Capital Car Parks Control Limited. 
3. Emailed the lawyer working on behalf of CCPC to inform them of the SAR made to CCPC. 

I am now going to put together my defence. I already have my original appeal - but this may need reorganising. I am slightly worried about overloading the defence. I have lots of points to make - the implementation of signage is pretty slapdash in my opinion and their response is full of assumptions and inaccuracies. However, one of my main points is regarding PoFA and the fact that they served the notice after 14 days had elapsed. 

What would be the best approach to constructing a defence?

Thanks for the advice on not using the MCOL website to submit the defence -I will submit it to the email provided by the County Court Business Centre. 

KeithP

Echino said:

What would be the best approach to constructing a defence?

Read again my earlier post where you will see...

Echino said:

I will submit it to the email provided by the County Court Business Centre. 

Whilst the CCBC have provided you with the correct email address, that information and much much more can be found in the template Defence thread.
When reading the second post of the NEWBIES thread you will be directed towards the template Defence thread.

Mouse007

Echino said:

What an education this is.

https://www.youtube.com/watch?v=h0G-hBLhHE8

Le_Kirk

Interestingly I won an appeal with POPLA for a different case at the same site based on the fact that the entry of for the site was not clearly marked. Is it worth adding this to my defence and siting citing that appeal decision?

It is important to use correct spelling and grammar, especially if you are sending documents to a court; I know you won't be sending that particular sentence but it is good to get into a habit of being correct.

Umkomaas

However, one of my main points is regarding PoFA and the fact that they served the notice after 14 days had elapsed. 

If you were categorically not the driver, that is one point to use in your Defence. If you're attempting to use it as a technical loophole, you expose yourself to the question from the Judge, 'Were you, or were you not the driver on the day of the parking event?'  You need to have a careful think about how you might answer that. 

Echino

Hello all, just wanted to give a quick update on this case and ask for some help with what next steps should be:

I filed my defence with the County Claims court in good time. The defence used the template provided by this forum along with quite a few arguments in defence that are specific to this case.

I have received a response from DCB legal. They are saying that after reviewing the defence they intend to proceed with the claim.

They also saying that both parties will be sent a directions questionnaire by the court. They then go on to tell me that they have attached a copy of the claimants questionnaire to the email. The form is mainly seemingly standard stuff. Although they have asked for the venue of the hearing to be at their local court - which seems a bit rich. 

In the nest paragraph they say that their client may be willing to settle the case and that in the event I wish to do so then i should phone them within the next 7 days. - Is this something I should be engaging with? Or is it a trap? Could I call them to say that I don't intend to pay a penny?

In their final paragraph they ask me to let them know if there are any file types or limits that they need to be made aware of when serving me papers via email. Do I need to make any specific requirements in response to this?

Is there anything I need to do, or do I just need to wait for the questionnaire to arrive from the court?

Many thanks for your help. 

KeithP

Echino said:

I have received a response from DCB legal. They are saying that after reviewing the defence they intend to proceed with the claim.

You were expecting that, weren't you?

Item 7 in that checklist you were following when you filed a Defence says...

Items 8, 9 and 10 on that list might well be worth another read.

Umkomaas

In the nest paragraph they say that their client may be willing to settle the case and that in the event I wish to do so then i should phone them within the next 7 days. 

One step nearer to a likely discontinuation!  Well trodden path.
https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

B789

@Echino it is particularly apparent that you have not properly read the Newbies thread as you are asking questions that are already answered there. You appear to be relying on the members here just giving your their "free" advice without you putting maximum effort into this.

You not only need to read the Newbies thread but you need to re-read it, not just skim through it, and if there's anything in there that is confusing you, re-read it again until you have digested it and have some understanding of what it is all about and the steps that need to be followed. Some of your questions on here imply that that is not the case.

With regards to your reference to POFA, I'm assuming you are relying on the fact that because the PCN was not issued within the 14 day timeframe that you therefore cannot be held liable as the RK. However, you stated in your original post that you "made detailed appeals". Did you, in any of those appeals reveal the identity of the driver? If you did, then your POFA argument is irrelevant.