Claim from UKPC & DCB

Mouse007

TJB93LJB said:

Is it better to email the defence or use the money claims service (I used this for the AoB)

Email,  NEVER MCOL, NO NO NO but slow down.

1) Post your defence 2 and 3 paragraphs here first

2) wait for @KeithP to reply re dates

TJB93LJB

Thanks - I have coped below but blanked out surnames & registration plates

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim were an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper of the vehicle in question. However, the Defendant was not the driver on any of the occasions referred to in the claim. The Defendant resides in England and has done since 2014. As a result, the land is not 'relevant land' under the POFA 2012 (therefore the Particulars of Claim are incorrect in contending that the Defendant can be held liable at as keeper or driver, because neither is possible).Her three adult children shared usage of the car in the years that followed however have no recollection of parking anywhere that had clear signage or agreeing to any terms. 

3. As stated above, the Defendant’s three adult children shared use of the vehicle SMXX XXX, however, do not have any recollection of parking anywhere that clear signage or agreeing to any terms. The location quoted is a residential car park to a block of apartments where they could have been visiting a friend.  The Defendant got divorced in 2015 and changed her name from Gillian XXX to her maiden name Gillian XXX. She got re-married in 2019 and changed her surname to XXX. She did not receive any notifications of this matter or claim until she redirected her mail to her new address in Ipswich.

Coupon-mad

Just put that you've never parked there yourself but looking online there is no entrance sign.  Any agreed contract by the various drivers is denied.

More important is the bit I gave you.

DO NOT TOUCH MCOL.

TJB93LJB

I already submitted the AoB via MCOL - thought it would be the fastest method  I was in a bit of a blind panic when I opened the letter.

Mouse007

TJB93LJB said:

I already submitted the AoB via MCOL - thought it would be the fastest method  I was in a bit of a blind panic when I opened the letter.

That was good, but now MCOL is READ ONLY

The MCOL defence box is pants - it will mess your defence up and cut it in half.

You're OK and I think you may have until Monday 13 Feb to file your defence, just wait for keithP to confirm

Coupon-mad

TJB93LJB said:

I already submitted the AoB via MCOL - thought it would be the fastest method  I was in a bit of a blind panic when I opened the letter.

No that's fine.  Don't use it for a defence.

TJB93LJB

Hi guys - should I return what I have by 3.30pm latest or should I hold off to hear back from Keith? 

Btw you are all legends for helping everyone fight these scummy companies - not all heroes wear capes

Mouse007

If you want to check my maths. Issue Date 9 Janaury. Date of service add 5 days = 14 January. 14 days from issue is 28 January, but that was a Saturday (Court closed) so you have until 4pm on the next working day, that is today and you have already filed.

KeithP posted the following on my thread last May, Court hearing was last Friday!

This is confirmed in the Money Claim Online (MCOL) - User Guide, which explains that a Defence is never due on a non-working day.

On page 14 of that document it says:

How long does the defendant have to respond to my claim?

The court will send out a claim pack to each defendant once the claim has been issued and allows 5 calendar days from the date of issue for the service of the claim. Therefore the 'date of service' is the 5th calendar day after issue.

The defendant has 14 calendar days from the 'date of service' to file a response. If the last day for filing the response falls on a day that the court is not open (i.e. a weekend or public holiday), the court will allow the next full working day for a response. The defendant can extend the time to respond to 28 calendar days by filing an acknowledgment of service (AOS).

TJB93LJB

Thank you so much - your maths looks spot on! 

I shall hold off for my draft of clause 2 & 3 to be validated

Coupon-mad

Ah, your AOS might have been on time (I thought it was late, forgot the weekend rule)!  Gives you some breathing space to defend.