DCB Legal - Euro Car Parks

KeithP

D_M_H said:

I am preparing to submit my defence having followed forum advice re: MCOL and AOS. 

Does this imply that you have received a Claim Form?
If so, what is the Issue Date on it?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

D_M_H

Fruitcake said:

Evidence does not go in the defence, but much later in the process at the witness statement stage. With regards to signage, a simple, the signage was "inadequate and incapable of forming a contract with the driver" or similar will do.

Please show us the parts of the defence template you have modified when you are ready. Don't miss the deadline to email your defence to the CNBC.

Thanks Fruitcake.

My defence is simply:

        3 The Defendant had not noticed any signage close to the where the vehicle was parked showing the terms 

           and conditions for use. The Defendant was not aware of any restrictions that applied in the car park.  The

           signage was inadequate and incapable of forming a contract with the driver.

followed by the 'Referring to the POC' paragraph from the 'DCB Legal court claim' thread (with the date of the non-issued PCN changed) as my 3.1

D_M_H

KeithP said:

D_M_H said:

I am preparing to submit my defence having followed forum advice re: MCOL and AOS. 

Does this imply that you have received a Claim Form?
If so, what is the Issue Date on it?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Thanks KeithP.

Claim issued 03/12/2024
AOS submitted and received 10/12/2024

I believe I must submit my defence by 05/01/2025

KeithP

D_M_H said:

KeithP said:

D_M_H said:

I am preparing to submit my defence having followed forum advice re: MCOL and AOS. 

Does this imply that you have received a Claim Form?
If so, what is the Issue Date on it?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Thanks KeithP.

Claim issued 03/12/2024
AOS submitted and received 10/12/2024

I believe I must submit my defence by 05/01/2025

Almost right but a court deadline will never be on a Sunday.

With a Claim Issue Date of 3rd December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 6th January 2025 to file a Defence.

That's just a few days away but plenty of time to produce a Defence.

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'.

D_M_H

Almost right but a court deadline will never be on a Sunday.

With a Claim Issue Date of 3rd December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 6th January 2025 to file a Defence.

That's just a few days away but plenty of time to produce a Defence.

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'.

Many thanks for the guidance and advice, KeithP. 

Umkomaas

D_M_H said:

Fruitcake said:

Evidence does not go in the defence, but much later in the process at the witness statement stage. With regards to signage, a simple, the signage was "inadequate and incapable of forming a contract with the driver" or similar will do.

Please show us the parts of the defence template you have modified when you are ready. Don't miss the deadline to email your defence to the CNBC.

Thanks Fruitcake.

My defence is simply:

        3 The Defendant had not noticed any signage close to the where the vehicle was parked showing the terms 

           and conditions for use. The Defendant was not aware of any restrictions that applied in the car park.  The

           signage was inadequate and incapable of forming a contract with the driver.

followed by the 'Referring to the POC' paragraph from the 'DCB Legal court claim' thread (with the date of the non-issued PCN changed) as my 3.1

Are you admitting to being the driver?

D_M_H

Umkomaas said:

D_M_H said:

Fruitcake said:

Evidence does not go in the defence, but much later in the process at the witness statement stage. With regards to signage, a simple, the signage was "inadequate and incapable of forming a contract with the driver" or similar will do.

Please show us the parts of the defence template you have modified when you are ready. Don't miss the deadline to email your defence to the CNBC.

Thanks Fruitcake.

My defence is simply:

        3 The Defendant had not noticed any signage close to the where the vehicle was parked showing the terms 

           and conditions for use. The Defendant was not aware of any restrictions that applied in the car park.  The

           signage was inadequate and incapable of forming a contract with the driver.

followed by the 'Referring to the POC' paragraph from the 'DCB Legal court claim' thread (with the date of the non-issued PCN changed) as my 3.1

Are you admitting to being the driver?

Hi Umkomaas

Yes - I have edited para 2 of the defence template in accordance with the guidance to say I was keeper and driver.

D_M_H

Defence submitted as per ‘the first 12 steps’. 

Auto-reply acknowledgement received from CNBC. 

Thank you for all the ongoing support and guidance - MUCH appreciated. 

Gr1pr

Signage issues are in the template defence already,  so paragraphs 2 & 3 should be brief, concise etc

Save war and peace for the WS bundle stage in several months time,  evidence as Exhibits also accompany the WS in that bundle 

Your defence is the warm up, the main event is later on this year,  unless they discontinue,  which they usually do 

So I hope you understand the steps now

D_M_H

Thanks Gr1pr