Letter of Claim from DCB Legal - PCN dated 2019

anotheronewasted

Another quick question if I may:
There is a statement in the template defence:

The driver did not agree to pay a parking charge, let alone these unknown costs, which were not quantified in prominent text on signage.

Should I change this to "The Defendant..." as I cannot remember or be sure who was driving, as I note in the opening of the defence:

It is admitted that the Defendant was the registered keeper of the vehicle on the material dates.
The Defendant can also recall paying a visit to Homebase at the time of the alleged breach. It is unknown who the driver of the vehicle was on the dates of the claimed PCN.

Le_Kirk

Don't mess with the template defence, it was written that way for a reason.

Coupon-mad

No don't change it.  Even keeper liability relies first on the DRIVER (whoever they may be) allegedly agreeing to terms on a sign.

anotheronewasted

Thanks again everyone
I think I have a pretty good defence statement now.
One final question...
Is it worth mentioning / relevant that I am no longer the registered keeper of the vehicle in question?
And have not been for the past 2 years

Boat_to_Bolivia

It's not relevant.

anotheronewasted

Just ready to submit my defence and want to confirm it should be sent to CCBCAQ@Justice.gov.uk
And no copy to anywhere / anyone else?

Coupon-mad

Please go by the Template Defence thread, where all the details are for the first 12 steps.

It also helps us because it stops posters coming back and telling us about the first letter as if it's a surprise...we do it this way as the forum is so busy.

anotheronewasted

Coupon-mad said:

Please go by the Template Defence thread, where all the details are for the first 12 steps.

It also helps us because it stops posters coming back and telling us about the first letter as if it's a surprise...we do it this way as the forum is so busy.

Gotcha
I had read that, just wanted to confirm as reading through various threads there seems to be some different views on where to submit defence.
Regardless, I have sent it to the address I mentioned, and had the auto response.
I'll wait for the directions questionnaire. 

anotheronewasted

Update time,,,

Received an email from DCB:

Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.
If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

Kind Regards,  

(Removed by Forum Team)

Attached to the mail is a file called 'N180 Directions Questionnaire (Small Claims Track).pdf'

Section D1 states No for suitability for determination without hearing. Reason:
"There are factual disputes that will need to be heard by the judge directly and the Claimant will need the opportunity to cross examine the Defendant and test any evidence put forward by the Defendant. There are also complex issues of fact and law that will be best argued orally."

Section E1
"Claimant's home court. The Claimant requests that all hearings in this matter take place remotely (CVP/telephone). This is the most proportionate option given the low value of the claim."

I'm assuming this is all standard.
Got to be honest though, I am getting a little twitch now

Do I have to wait to receive the questionnaire, or do I actively need to find and complete it?

Coupon-mad

But this is explained in the Template Defence thread 'first 12 steps'.  We don't need to see that standard letter.

The CCBC are two months behind in sending DQs out, so your case will go quiet.

But we sincerely hope that you are au fait with the need to respond to the final Government Public Consultation?

We all need to ram the nail in the coffin of the false £70 'DRA fee' add-on, that actually funds the court claim and toxic CCJ culture, as well as the DRA and roboclaim 'legals' gaslighting of people.

Please come back here when it opens.

If you are not a regular reader, to be alerted you'll need to bookmark the thread by MSE_JC at the top of the forum and enable (on your profile) email alerts for bookmarked threads.

Don't wait for your DQ then come back and find you have missed your chance to change the law with your evidence.