(VICTORY) County Court Claim DCB Legal & UKPC

mo_1

Hi All, 

I have spent a good few hours going through some of the posts and the newbies thread and have found lots of good information, so thank you for that.

I received a "LETTER OF CLAIM" dated 28/12 from DCB Legal, like on the thread below which is just a standard template from them.
https://forums.moneysavingexpert.com/discussion/6421292/letter-of-claim-from-dcb-legal-pcn-dated-2019#latest

I responded as mentioned in the newbies thread with SAR to UKPC and a separate email to DCB informing them that they must put the case on hold (this was sent on 23/01) I received an email back from UKPC with the SAR information which included several photos of my vehicle with the PCN and the signage in the car park.

I have received a 'CLAIM FORM' form with an issue date of 31/01, I have completed the AoS on the MCOL website on 08/02.

by the looks of it the claim has not been put on hold?

KeithP

mo_1 said:

by the looks of it the claim has not been put on hold?

Did you request the case be put on hold due to you seeking debt advice?
If you didn't mention seeking debt advice, my understanding is that they do not have to give you that extra thirty days.

mo_1 said:

I have received a 'CLAIM FORM' form with an issue date of 31/01, I have completed the AoS on the MCOL website on 08/02.

With a Claim Issue Date of 31st January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 6th March 2023 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

mo_1

KeithP said:

mo_1 said:

by the looks of it the claim has not been put on hold?

Did you request the case be put on hold due to you seeking debt advice?
If you didn't mention seeking debt advice, my understanding is that they do not have to give you that extra thirty days.

mo_1 said:

I have received a 'CLAIM FORM' form with an issue date of 31/01, I have completed the AoS on the MCOL website on 08/02.

With a Claim Issue Date of 31st January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 6th March 2023 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

I did specifically write due to seeking debt advice.

”Hi.

I have sent your client a SAR

I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.

Regards”

Thanks 

KeithP

Oh well, now that you have acknowledged service of the claim, my suggestion would be to keep moving forwards.

Coupon-mad

Same advice as this one, and all UKPC claims:
https://forums.moneysavingexpert.com/discussion/comment/79841677#Comment_79841677

mo_1

KeithP said:

Oh well, now that you have acknowledged service of the claim, my suggestion would be to keep moving forwards.

Can i use it as a point later on at the court stage?

KeithP

mo_1 said:

KeithP said:

Oh well, now that you have acknowledged service of the claim, my suggestion would be to keep moving forwards.

Can i use it as a point later on at the court stage?

I really don't think it is worth mentioning.

So you got the claim a few weeks earlier than expected.
I can imagine a Judge asking you "how have you been disadvantaged?"

mo_1

I need to some advice with my defence, im not the best when it comes to writing, in section 3. do I include anything to do with Popla? or i it just facts like why the vehicle was there, how long it was there? the driver did return to take some photos of the signs and also to speak to concierge regarding the ticket, concierge was difficult to locate.

Le_Kirk

Your defence is a series of short, sharp punchy legal/technical arguments that refute what the PPC/claimant is saying; for example if they claim you did not pay, you say you did and can provide proof, if they claim an overstay, you say you left at such and such time and the claimant's own photos prove it. Nothing about POPLA is required.  Write it in the third person as per the template defence. 

Le_Kirk

Your defence is a series of short, sharp punchy legal/technical arguments that refute what the PPC/claimant is saying; for example if they claim you did not pay, you say you did and can provide proof, if they claim an overstay, you say you left at such and such time and the claimant's own photos prove it. Nothing about POPLA is required.  Write it in the third person as per the template defence. 

Coupon-mad

For pretty much all defences involving UKPC / DCBLegal, defendants can adapt the one by @Johny86 which is worth pointing the never-ending queue of UKPC/DCBLegal defendants to, saving us a lot of typing!