-- Aug 2023 - Update and claim closed - CCBC UKPC Ltd Help

Mouse007

Remove 3.8, it is not a defence point. You probably don't need 3.3 either. 3.1 and 3.2 could be combined into a single paragraph.

Somewhere you need to deny the claim

Perhaps change 3.4 to

3.4 The defendant registered to park on arrival every day and the app would confirm this. It is denied the Defendant failed to pay on the given dates. At the end of each month payment for the month's parking was collected by direct debit from the Defendant's bank account.

Not_A_Hope

I would include in 3.7 that the claimant therefore has no evidence that the defendant didn’t pay.

Not_A_Hope

Perhaps I am confused

It is RingGo saying they have no data and RingGo were not involved at the time of the parking event.

If Parkmobile no longer exist who exactly has issued a claim? Surely whoever must have to have some data and evidence of a claim.

Coupon-mad

You'd think so!

But this is PPC World aided and abetted by a roboclaim solicitor who (IMHO) really seek default CCJs as the business model.

No need for evidence if you can pick 90% of victims off by default, with the court system upholding most claims in full, without even looking at them.

sparkeytec

thanks @Mouse007 @Not_A_Hope @Coupon-mad

I've amended the paragraphs as per your advice to the following:

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

3.1 The defendant commuted from Manchester to Liverpool on a daily basis for work between June 2013 - June 2017. During this time, the defendant used the car park in question.

3.2 The defendant would register to park on arrival every day via mobile app - parkmobile.com. At the end of each month payment for the month's parking was collected by direct debit from the Defendant's bank account. It is denied the Defendant failed to pay on the given dates.

3.3 The defendant has access to his bank statements from this period and can see parkmobile.com has received payments for both Feb 2017 and March 2017 as well as regular, monthly payments for every month from Jan 2016

3.4 The mobile app provider, parkmobile.com, has since become myringgo.co.uk - https://ringgo.co.uk/html/PMuk-update-page.html

However following a SAR to RingGo they have advised that 'your parking history was not transferred to RingGo' and no transaction or invoice history has been retained.

3.5 Additionally, the car park owners - King Park (https://kingpark.co.uk/) has been contacted via the only option available (online form) asking for transaction history from this period and they confirm they have no transaction history from this period. The claimant therefore has no evidence that the defendant did not pay. The car park owners also confirmed they stopped working with the claimant 3 years ago.

Mouse007

I think that's as good as you can get it. Remember it is for the Claimant to prove their case, you do not need to help them by speculating (remember where we started?).

This will force them to produce evidence and I also suspect that that evidence, as you are now suggesting, will not be forthcoming. You have introduced enough doubt to build on in a Witness Statement (if it gets that far) once you get your SAR back from UKPC.

Coupon-mad

I'd add to 2:

It is denied that the Defendant failed to pay for parking and it is further denied that the Defendant is indebted to the Claimant for any sum, whether in debt or damages.

Le_Kirk

Every paragraph requires a number and you have one between 3.4 & 3.5 which is unnumbered.

sparkeytec

quick update - defence has been submitted to ccbcaq@justice.gov.uk (as well as the legal team at DCBLegal - yasmin@dcblegal.co.uk and info@dcblegal.co.uk) and have received the automated response with the title 'CCBC AQ Acknowledgment' so guess on to the next steps and wait for the forms to come through!

sparkeytec

Hi all

Just wanted to give an update on my proceedings and also a big thanks to everyone in the forum for helping me out with this issue. The claim from DCBLegal has now been dropped a couple of weeks before the hearing so alls well and ends well.
To help anyone in a similar situation this is the timeline of events since I submitted my defence to the claim on 30th Jan 2023


14th Match 2023
Letter received from CCBC
Notified me that this claim is now a defended claim.
I will need to complete the N180 and return back to CCBC by 31st March
Again following the advice in the forum, I completed and returned the N180

3rd May 2023
Letter received from CCBC
Informing me the case is being transferred to the county court hearing center in Stockport. This is as per my
response in the N180 form

4th July 2023
Letter received from CCBC
Notice of allocation to the small claims track (hearing)
Date has been set for the hearing (an attended hearing as per my response in the N180 form) at Stockport county court for 14th August

26th July 2023

Email received from DCBLegal acting on behalf of the claimant (ukpc)

'Our client has instructed us to discontinue Court proceedings and close our file. 

Therefore, please find enclosed the Claimant’s N279 Notice of Discontinuance for your records.  

The attached has also been filed with the Court.  

We will now proceed to close our file accordingly'

-----------------------------------------------

After I submitted the N180 form in March 2023, I would receive calls (about one every couple of weeks or so) from DCBLegal, most of which I just ignored. I did answer one of them where the case advisor said the would be willing to accept a smaller amount in order to stop the claim from progressing but I just rejected this.

So I guess any advice to anyone reading this - stick to the forums and the very detailed, experience advice given - these guys know what they are doing and make sure your respond to any correspondence from CCBC in a timely fashion

Thanks all