DCB Legal Letter of Claim - UKPC

preloved1416

Coupon-mad said:

In your WS you can say it's almost 5 years ago and you've seen no evidence of leaving the site, which the Claimant suddenly sprung on you at Mediation.  (So yes you DO need to handle this is the WS).

in your WS, just state that, as far as you recall you'd have been shopping there but being 20 and not having the same bank card now, it would be ludicrous to expect receipts for small purchases from 2019.  It is wholly unfair that the Claimant is expecting to shift the usual burden of evidence to you, the Defendant, having failed to plead anything about this allegation in the POC.

Use the WS bundle example by @_blueberry_ and adapt it.

Thank you. The value of the claim is quite frightening and I am worried that as the claimant won the last claim the judge will automatically rule against me. Do you think a witness who claimed to see me leave the car park (huge retail park and a false claim), is likely to be a strong enough argument against the fact this is the second claim (initiated before the first claim form was served)?

The mediator also claimed that the contents of the POC are entirely normal in these sorts of cases? 

Coupon-mad

The mediator is not legally trained. Ignore EVERYTHING the Mediator said. You were not meant to agree to mediation in the first place, and I've no idea why you did? The Newbies thread is clear about saying NO to mediation.

No, hearsay from a person who fails to appear at the hearing as a witness is NOT evidence.  You will also likely see a different Judge. Do not admit to going off-site. It's too long ago to remember and there is no evidence that their so-called ticketer was even looking at the right person, or is an honest 'witness'. It's all hearsay.  Your account is not.

Do NOT mention the other case you lost. No-one will know about it, not even the Claimant because you are a number on a list to them, nothing more.  They don't join up any dots.

_blueberry_

Did you raise a Subject Access Request?  Any evidence they could possibly use will be on there and its on them to prove you left the site.  The evidence will also be on their ws but you may get this after submitting your own ws.

They likely have little evidence if they are using a "witness" to try to prove their claim.

UncleThomasCobley

_blueberry_ said:

Did you raise a Subject Access Request?  Any evidence they could possibly use will be on there and its on them to prove you left the site.  The evidence will also be on their ws but you may get this after submitting your own ws.

They likely have little evidence if they are using a "witness" to try to prove their claim.

But they don't have any evidence. No need for a SAR. This is UKPC/DCB legal... a bottom-dwelling, intellectually malnourished duo. So easy to beat them.

preloved1416

I did raise an SAR back in January when I received the letter before claim but never received anything back. The old claim was mentioned in my defence with reference to Henderson v Henderson should I leave this out of a WS?

Coupon-mad

Yes leave it out if you actually lost at a hearing!