UKPC DCB Legal claim discontinued

KeithP

Moneysavingexpertmember777 said:

The issue date is 2nd May 2023 - they arrived in the post at 12:20 today. 

With a Claim Issue Date of 2nd May, you have until Monday 22nd May to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 5th June 2023 to file your Defence.

That's over four 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

KeithP

Moneysavingexpertmember777 said:

Just as a by note, on the left hand side under 'particulars of Claim' 

.4 says "the driver agreed to pay within 28 days but did not 

At no point did I ever say, "I'm agree and willing to pay this", another thing that I hope will go in my favour, a complete and utter fallacy

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

Moneysavingexpertmember777

Understood. So perhaps Midweek this week latest, file my AoS. Then perhaps w/c 22nd May, look to submit my written defence.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance. - I'll do just that - thank you Keith and everyone else 

Lets hope it is discontinued before it reaches the court stage! 

Moneysavingexpertmember777

One more question - out of interest, if it were to go to court - how long do you think after the deadline (5th June) the hearing would be? 

Umkomaas

Moneysavingexpertmember777 said:

One more question - out of interest, if it were to go to court - how long do you think after the deadline (5th June) the hearing would be? 

Difficult to predict, depends on how busy your local court is. Think months rather than weeks. But it will be discontinued well before!

KeithP

Moneysavingexpertmember777 said:

One more question - out of interest, if it were to go to court - how long do you think after the deadline (5th June) the hearing would be? 

Several months - possibly autumn/winter. Maybe next year.

Any hearing will be at your local County Court.
Later in the process you get to choose the court and state dates you are not available.

This is all explained in the second post of the NEWBIES thread - a link to that post is in my earlier post - under the heading...

Coupon-mad

Moneysavingexpertmember777 said:

One more question - out of interest, if it were to go to court - how long do you think after the deadline (5th June) the hearing would be? 

There won't be a hearing.

Why does your para 2 not say whether the D was driving or not?  This is clearly stated to be needed in the Template Defence sticky thread.  You do need to read that and not just bypass it because you jumped straight to the defence by Johny86 (although it is right to use Johny's extra paragraphs 5-11 which I'm pleased to see you did).

The Template Defence thread (linked in the NEWBIEs thread but pinned at the top of the forum as a sticky thread in its own right, anyway, so no links are needed) is also where you also find the first 12 steps and the CCBCAQ email address.

Moneysavingexpertmember777

hi Coupon-mad, thanks for your response, fingers crossed their won't be a hearing...

I'm updating my defence today (to be submitted later in the month) and getting around to responding via Moneyclaim by the end of the day, so it is done. 

I will update my Para 2, although to say I was driving (parked outside my flat) and deny liability 

I'll also read the TDT in the NEWBIES thread again 

My thanks 

Umkomaas

Moneysavingexpertmember777 said:

hi Coupon-mad, thanks for your response, fingers crossed their won't be a hearing...

I'm updating my defence today (to be submitted later in the month) and getting around to responding via Moneyclaim by the end of the day, so it is done. 

I will update my Para 2, although to say I was driving (parked outside my flat) and deny liability 

I'll also read the TDT in the NEWBIES thread again 

My thanks 

Just for clarity - what are you 'getting around to responding via Moneyclaim'?  Your AOS or your defence ..... or something else?

Moneysavingexpertmember777

My AOS, it looks like its step 8 of the MCOL,  then send me defence in the next couple of weeks... unless I've misread and understood?