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UKPC DCBL Defence for checks

2

Comments

  • Umkomaas
    Umkomaas Posts: 43,468 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hahahah thanks everyone. I am so happy I found this forum! I would possibly have caved without it!
    I'm afraid hundreds (likely thousands) won't have done the research you have to have sussed this. To be honest, UKPC/DCB Legal don't care that a few will have found them out, because the rest are nicely swelling their coffers. Stick with us, follow guidance, you won't go wrong.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Thanks4This
    Thanks4This Posts: 10 Forumite
    First Post
    edited 3 February 2023 at 1:05PM
    So thanks again for the advice. Somewhere in the myriad of threads and posts and links on here I did eventually find a defence example that I thought I could adapt to suit mine. Is this ok?

    The facts as known to the Defendant:

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

     

    3. Misleading signage and no visible signage - it is denied that a contract was agreed. There was a lack of clear/conspicuous signage, which the Defendant will evidence.  The Claimant is put to strict proof to the contrary.  The Defendant also states that it was a dark morning on ****** September 2017.  The sign was at the other end of the road (*****************) to where the Defendant parked and was obscured by tall grass, unlit and in a place and angle that no driver could be expected to read whilst driving past and operating a vehicle safely. The sign was not visible from the Defendant's car once parked. Signs should be always visible to ALL vehicle drivers.

  • Coupon-mad
    Coupon-mad Posts: 153,164 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Looks fine as long as you then fit that within the whole 27 paragraph Template Defence.

    And of course you DO NOT try to put the defence in on MCOL but you know that from the reply on this thread by @KeithP and you know how to submit this defence (and where) from the first 12 steps in the Template Defence thread itself.

    Easy when you know how.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thanks4This
    Thanks4This Posts: 10 Forumite
    First Post
    edited 6 February 2023 at 12:17PM
    Defence submitted to the CCBCAQ@Justice.gov.uk email 5.2.23.  Sent in working hours as instructed.
    I did receive an auto email back from them acknowledging receipt.
    I cc'd their legal reps as indicated. 

    Thanks again.




  • Thanks4This
    Thanks4This Posts: 10 Forumite
    First Post
    edited 15 April 2023 at 5:44PM
    Hello, again.

    Finally received my DQ. 

    I have read the NEWBIES and followed the link to the post about filling this in, however I have three questions:



    1) Should I be doing this by hand and then posting - or, like previous forms, should I do this online and email the completed doc. The letter doesn't indicate an email address, but thought I'd check. 



    2) If posting, should I send it as 'signed for / recorded'? 



    3) The DQ form has changed since the helpful post was put up so it could do with updating on the forum.

    Here is how it differs:
     

    This was how it was advised we answer on the forum link when we get to questions marked D :

    D1 = name of your local County Court – unless you are a Limited company, the case files will be transferred there. They will ask for theirs but protocol dictates it is your court. For example, MIL Collections always asks for Truro and Devere Parking always ask for Bournemouth. You, literally, do not want to go there.

    D2 = NO to expert evidence (this relates to medical negligence cases and suchlike)

    D3 = 1 witness (that’s you) (or more if you are going to get another person to provide a statement)

    D4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one)

    You send a copy to the courts and another copy to the Claimant company. Keep a copy for yourself. As mentioned before, there is a long delay (20+ weeks) between this form and an actual day in court.

    But now, when we get to D, there is only one question, which is new:

    D1 = Do you consider that this claim is suitable for determination without a hearing, i.e. by a judge reading and considering the case papers, witness statements and other documents filed by the parties, making a decision, and giving a note for reasons for that decision

    Then we have a set of questions under E, which follows the previous D questions with an added extra at the end, ie:

    E1 = name of your local County Court – 

    E2 = NO to expert evidence (this relates to medical negligence cases and suchlike)

    E3 = 1 witness (that’s you) (or more if you are going to get another person to provide a statement)

    E4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one)

    E5 = Do you believe you or a witness who will give evidence on your behalf, are vulnerable in any way which the court needs to consider?



    So my third question is, what do I put in response to the new version of question D1, please?


    Many thanks for your time.


  • Search @Grizebeck's discussions for a thread about the new N180 which will guide you.
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    I have read the NEWBIES and followed the link to the post about filling this in, however I have three questions:

    1) Should I be doing this by hand and then posting - or, like previous forms, should I do this online and email the completed doc. The letter doesn't indicate an email address, but thought I'd check. 

    2) If posting, should I send it as 'signed for / recorded'? 

    3) The DQ form has changed since the helpful post was put up so it could do with updating on the forum.

    But now, when we get to D, there is only one question, which is new:

    D1 = Do you consider that this claim is suitable for determination without a hearing, i.e. by a judge reading and considering the case papers, witness statements and other documents filed by the parties, making a decision, and giving a note for reasons for that decision

    Then we have a set of questions under E, which follows the previous D questions with an added extra at the end, ie:

    E1 = name of your local County Court – 

    E2 = NO to expert evidence (this relates to medical negligence cases and suchlike)

    E3 = 1 witness (that’s you) (or more if you are going to get another person to provide a statement)

    E4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one)

    E5 = Do you believe you or a witness who will give evidence on your behalf, are vulnerable in any way which the court needs to consider?

    So my third question is, what do I put in response to the new version of question D1, please?
    Q1) A... You email the N180 to the same email address as you sent your defence.

    Q2) A... As per Newnies/FAQ thread, if you are going to post anything, send from a post office and get a free proof of posting certificate. Don't use "Recorded".

    Q3) A... Use this text:

    https://www.dropbox.com/s/73d6bfbfvogtp4e/N180_DQ_QD1_response.pdf?dl=0
  • B789 said:
    Q1) A... You email the N180 to the same email address as you sent your defence.

    Q2) A... As per Newnies/FAQ thread, if you are going to post anything, send from a post office and get a free proof of posting certificate. Don't use "Recorded".

    Q3) A... Use this text:

    https://www.dropbox.com/s/73d6bfbfvogtp4e/N180_DQ_QD1_response.pdf?dl=0
    Very helpful - thank you! 
  • Hi everyone. I'm very pleased to say that, after following all the advice, DCB Legal sent me an email telling me that UK Parking have decided not to proceed with the case (because of course they would lose!). 
    I laughed my head off when I got the news. They said they have notified court and sent me a doc. 
    A very long process - 6 years - but there was no way I was giving them a penny unless a judge told me to. Glad I stuck with it. Thanks for your help. I'm so pleased I beat these thieves! 
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Calling @Umkomaas... another one for the DCB Legal thread of shame.
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