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Defense draft: UKPC x DCB Legal X Motorcycle Parking!

2

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
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    XL41BZ said:
    In fact, the letter I previously received i.e received your defense from court. 

    It states ''the claimant must contact the court within 28 days after recieving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply for an order lifting the stay.'' 

    This is now well over 28 days. And havn't recieved anything in the post.! 
    As you say, the CCBC has sent 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?
  • XL41BZ
    XL41BZ Posts: 10 Forumite
    First Anniversary Name Dropper First Post
    According to MCOL; my defense received on 13th February. 

    Have received a letter from the dcb on 13th March. Exactly 28 days... 

    The journey continues! 


  • XL41BZ
    XL41BZ Posts: 10 Forumite
    First Anniversary Name Dropper First Post
    Hi all, 

    After filing my DQ in July I can see on MCOL my case was transferred to my local court.. Thank fully it appears packed! And I havn't had anything from the court throughout these past months. 

    Latest correspondence from DCB in the past week is requesting for me to provide my contact details. 

    ''We note that you have filed a Defense in relation to the above Claim, however, have not included a contact email or contact number'' ect ect. 

    I assume I don't need to provide this information, but please do confirm! 

    On another note it will be 6 years after the initial event in January, would it automatically cancel itself? 

  • KeithP
    KeithP Posts: 41,296 Forumite
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    XL41BZ said:
    I assume I don't need to provide this information, but please do confirm! 
    You do not need to do that.

    XL41BZ said:
    On another note it will be 6 years after the initial event in January, would it automatically cancel itself? 
    The six year clock stopped ticking when they filed a Claim.
    In other words, there is no time limit other than those imposed by the court.
  • Coupon-mad
    Coupon-mad Posts: 152,806 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 December 2023 at 10:29PM
    XL41BZ said:
    Hi all, 

    After filing my DQ in July I can see on MCOL my case was transferred to my local court.. Thank fully it appears packed! And I havn't had anything from the court throughout these past months. 
    Are you aware of this Inquiry that I think will interest anyone who has had to face the hurdles and delays involved in a claim from a rogue parking firm:

    https://forums.moneysavingexpert.com/discussion/comment/80417494/#Comment_80417494

    Closes in just over a week.

    Those with claim form evidence are encouraged to show your paperwork and tell the Committee that parking 'charges' should never cause this level of consumer harm.

    Please say to the Committee:

    1.  The Private parking industry and their roboclaim 'legal firm' greedy limpets are the cause of the small claims track and CNBC delays.

    2.  Parking needs it own new pre-action protocol to stop their barely-legal limpets from adding false fees and to stop them aiming for CCJs.

    3.  Parking cases need an ADR to resolve cases out of court.  The DLUHC should be asked about this possibility.

    Change is happening. Help steer it!

    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
  • Fruitcake
    Fruitcake Posts: 59,464 Forumite
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    edited 3 December 2023 at 10:39PM
    XL41BZ said:
    Hi all, 

    After filing my DQ in July I can see on MCOL my case was transferred to my local court.. Thank fully it appears packed! And I havn't had anything from the court throughout these past months. 

    Latest correspondence from DCB in the past week is requesting for me to provide my contact details. 

    ''We note that you have filed a Defense in relation to the above Claim, however, have not included a contact email or contact number'' ect ect. 

    I assume I don't need to provide this information, but please do confirm! 

    On another note it will be 6 years after the initial event in January, would it automatically cancel itself? 

    The regulars always advise setting up a throwaway email address such as gmail or similar, purely to deal with the parking charge, then let it fade into the ether once the case is over. This prevents nasty emails being sent to a personal, or family, or work email address.

    You could if you wish provide the 'phone number 0333-8888888. This takes callers to a recorded message telling them to contact you by email.

    I've used it in the past, and it worked.

    Alternatively, you can use a fake 'phone number that is set aside by Ofcom purely for use by the film and TV industry. You can even choose a number with your STD code.

    Fake Number Ranges: Here are the numbers reserved exclusively for TV & Radio shows - Number Supermarket



    I married my cousin. I had to...
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  • Umkomaas
    Umkomaas Posts: 43,433 Forumite
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    'We note that you have filed a Defense in relation to the above Claim, however, have not included a contact email or contact number'' ect ect. 

    I assume I don't need to provide this information, but please do confirm! 
    If all they have is your postal address for correspondence, then I'd be giving them an electronic address as well, as I wouldn't want to trust Royal Mail to deliver what might be important legal documents, too prone to delays, and there were nasty, expensive experiences when they were on strike earlier this year. An email address all but guarantees instant delivery of documents, some of which might have short deadlines for response. 

    Set up a throwaway Gmail address, as per @Fruitcake's advice. 
    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
  • XL41BZ
    XL41BZ Posts: 10 Forumite
    First Anniversary Name Dropper First Post
    Hey! 

    I've received a 'notice of trial date' in my local county court so I'm on step 5 here

    I can't see the specific deadline for me to submit a witness statement and not sure where to send it to... 

    Looking forward to putting this behind me! 


  • Coupon-mad
    Coupon-mad Posts: 152,806 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Your deadline is on that Hearing Order.  Or it was on the earlier Notice of Allocation (the first one that came from your local court).  
    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
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 24 March 2024 at 8:26PM
    @xl41bz, how is gathering your evidence and writing your Witness Statement coming along?

    Do you now know where to send it and when? 
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