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UKPC court claim

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  • Fab thanks - have taken paras 4-11 of Johny86's defence and merged it into the March 2022 defence for a whopping 35 paragraph defence 
  • Umkomaas
    Umkomaas Posts: 43,373 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Fab thanks - have taken paras 4-11 of Johny86's defence and merged it into the March 2022 defence for a whopping 35 paragraph defence 
    Hopefully you won't have an irritable Judge having to plough through it all.
    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
  • Johny86
    Johny86 Posts: 89 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    Hi all

    I had submitted my defence on 9th March 2023 and few days later received a letter from Northampton CCBC saying the Claimant have 28 days to reply and if they don't then the case will be stayed. I have checked MCOL just now and there isn't any updates about the Claimant response nor did I receive a direction questionnaire from the Claimant. I am assuming that the case have been stayed as 28 days period have been elapsed yesterday. Going forward what can I do to strike out the claim or what action should I take from my end? I do not want the Claimant to lift the stay and resurrect the case in the future. I believe its their (DCBL) new tactics to catch people out. Your expert advice will be highly appreciated. Please tag @Johnersh to give his opinion. Thank you all for your support. 
  • Umkomaas
    Umkomaas Posts: 43,373 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 April 2023 at 9:12AM
    Claimant. I am assuming that the case have been stayed as 28 days period have been elapsed yesterday.
    The CCBC won't be that quick off the mark. I don't think this part of the process is automated and they don't have staff sitting around counting down the clock on individual claims.  They have backlogs in every department, and they won't be back at work until Tuesday next at the earliest. It could well be that the Claimant has actually replied, but it is sitting at the bottom of a pile in someone's in-tray. 
    Going forward what can I do to strike out the claim
    To my knowledge I don't think there is anything you can do, it's their claim and they control its process until it gets to a hearing and a judge decides. Unsatisfactory for sure, see if anyone else comments. 
    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
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    You are dealing with the intellectually malnourished DCB Legal. Expect a late discontinuance or they foolishly go all the way to court and you should hopefully see your efforts rewarded as they get a spanking for their attempted scam.
  • forgotmyname
    forgotmyname Posts: 32,926 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Watching this one closely, we are just a few weeks after you.. Seems to be an influx of UKPC tickets going to court.

    Presume its easy for them to lift the stay?  How does this tactic catch people out?

    Thanks.

    Censorship Reigns Supreme in Troll City...

  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    edited 11 April 2023 at 8:54AM
    Watching this one closely, we are just a few weeks after you.. Seems to be an influx of UKPC tickets going to court.

    Presume its easy for them to lift the stay?  How does this tactic catch people out?

    Thanks.

    it shouldn't really catch anyone out
  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    Johny86 said:
    Hi all

    I had submitted my defence on 9th March 2023 and few days later received a letter from Northampton CCBC saying the Claimant have 28 days to reply and if they don't then the case will be stayed. I have checked MCOL just now and there isn't any updates about the Claimant response nor did I receive a direction questionnaire from the Claimant. I am assuming that the case have been stayed as 28 days period have been elapsed yesterday. Going forward what can I do to strike out the claim or what action should I take from my end? I do not want the Claimant to lift the stay and resurrect the case in the future. I believe its their (DCBL) new tactics to catch people out. Your expert advice will be highly appreciated. Please tag @Johnersh to give his opinion. Thank you all for your support. 
    you wont the stay will just be lifted
  • sical5
    sical5 Posts: 12 Forumite
    10 Posts Name Dropper
    Any updates on this one? in a similar boat. I received the directions letter from DCB dated the 6th April, today (12th) and a letter from courts to acknowledge defense the 13th March, but nothing from courts with my directions letter nor any updates on MCOL
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    sical5 said:
    Any updates on this one? in a similar boat. I received the directions letter from DCB dated the 6th April, today (12th) and a letter from courts to acknowledge defense the 13th March, but nothing from courts with my directions letter nor any updates on MCOL
    Already answered on your thread.
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