DCB Legal Court Claim for 2018 UKPC PCN

Coupon-mad

Our defences DO NOT deny being the driver (except in cases where the Defendant wasn't driving of course).

Defending as keeper is not saying you weren't driving.

Winston_Smith2

Thanks for the reassurance, @B789. I wasn't saying it's technically lying; my concern was that it could be construed as misleading. I believe I'm in the right here and that the core of my defence is compelling in and of itself. That's not to say the additional arguments I have gotten from adapting johnny86's defence aren't compelling; it's just that I don't entirely understand them. In a court hearing in front of a judge, I'd only be able to talk confidently about my core arguments (outlined above). I just wasn't sure if not admitting to being the driver at this stage could be construed as misleading and potentially harm the core of my defence were this to progress to court. I have a bad habit of catastrophising things in my head, and I foresaw the DCBL representative pulling a "If you believe yourself to be in the right, then why didn't you admit to being the driver? Aha! Gotchya!" move. 

With all that said, if withholding that information at this stage will highlight fault on DCBL's part, cause them problems putting the particulars of their claim together and decrease the chance of this progressing to court, then I'm all for that. I could really do without the headache of a court hearing. Just want to say again, I really appreciate you, @Coupon-mad and everyone else helping me and reassuring me every step of the way. You're superstars!

Coupon-mad

To see it off without a hearing, do as advised!

patient_dream

Winston_Smith2 said:

Thanks for the reassurance, @B789. I wasn't saying it's technically lying; my concern was that it could be construed as misleading. I believe I'm in the right here and that the core of my defence is compelling in and of itself. That's not to say the additional arguments I have gotten from adapting johnny86's defence aren't compelling; it's just that I don't entirely understand them. In a court hearing in front of a judge, I'd only be able to talk confidently about my core arguments (outlined above). I just wasn't sure if not admitting to being the driver at this stage could be construed as misleading and potentially harm the core of my defence were this to progress to court. I have a bad habit of catastrophising things in my head, and I foresaw the DCBL representative pulling a "If you believe yourself to be in the right, then why didn't you admit to being the driver? Aha! Gotchya!" move. 

With all that said, if withholding that information at this stage will highlight fault on DCBL's part, cause them problems putting the particulars of their claim together and decrease the chance of this progressing to court, then I'm all for that. I could really do without the headache of a court hearing. Just want to say again, I really appreciate you, @Coupon-mad and everyone else helping me and reassuring me every step of the way. You're superstars!

You have a good sense of humour

Because UKPC claims are just rubbish, including the dodgy unreadable signs DCBL have a tough job on their hands especially as the legal reps they send are seen to be straight out of play school 

How would they explain the fake add-on and the word damages ??? plus signing a statement of truth that their claim is true
VERY DODGY TO A WISE JUDGE

No option but to discontinue. 
ENJOY THE GAME, and it is a game

Winston_Smith2

Hi everyone, hope you all had a lovely Easter bank holiday weekend. I sent my defence off to the CCBC on 21st March and got an email confirming they had received it. Since then I haven't heard anything. I'm expecting to receive a Directions Questionnaire, but it's been three weeks now and still nothing. I'm hoping this is a "no news is good news" sort of situation.

After a defence has been sent off, how long does it typically take for the Directions Questionnaire to be issued?

Umkomaas

Winston_Smith2 said:

Hi everyone, hope you all had a lovely Easter bank holiday weekend. I sent my defence off to the CCBC on 21st March and got an email confirming they had received it. Since then I haven't heard anything. I'm expecting to receive a Directions Questionnaire, but it's been three weeks now and still nothing. I'm hoping this is a "no news is good news" sort of situation.

After a defence has been sent off, how long does it typically take for the Directions Questionnaire to be issued?

All in the Template Defence Announcement first post. As a minimum, the C has 28 days to let the CCBC know if they wish to proceed before any prospect of a DQ is on the table, but no one knows when the CCBC sent your defence to them. An expectation after just 3 weeks is a little premature. It will come though, just not possible to pin a precise date on it. 

Winston_Smith2

Hi everyone, just a quick update. I've received an email from DCBL saying UKPC has reviewed my defence and intends to proceed. They attached a copy of the claimant's Directions Questionnaire, which they confirm has been filed with the court. They also went on to say that their client may, very graciously, be prepared to settle and provided a contact number for me to call within the next 7 days should I wish to negotiate a settlement with them.

Based on bullet point 7 in KeithP's summary of how to submit a defence, I'm assuming it's safe to ignore this correspondence entirely. In bullet point 8, it says that I can either wait to receive my DQ from the CCBC or download one from the internet. I was just going to wait to receive one, but am now a bit concerned by the fact that UKPC have received theirs yet I haven't received mine. It makes me worry that it was lost in the mail and that I'll get in trouble for not completing it in time.

Is it customary for a claimant to receive their DQ before the defendant in these sorts of cases?

Coupon-mad

Nope, they haven't received it first, they are just using an old N180 form they have saved.

KeithP

Winston_Smith2 said:

Based on bullet point 7 in KeithP's summary of how to submit a defence, I'm assuming it's safe to ignore this correspondence entirely.

A reasonable assumption.   

Winston_Smith2 said:

In bullet point 8, it says that I can either wait to receive my DQ from the CCBC or download one from the internet. I was just going to wait to receive one, but am now a bit concerned by the fact that UKPC have received theirs yet I haven't received mine. It makes me worry that it was lost in the mail and that I'll get in trouble for not completing it in time.

Is it customary for a claimant to receive their DQ before the defendant in these sorts of cases?

It is just the Claimant letting you know that they know the process.
The Claimant hasn't filed their DQ. They are just trying to show you that they are in control. Don't be fooled.

You won't received a blank DQ from the CCBC until the Claimant has filed their DQ with the CCBC and they have twenty-eight days to do that.

As it says in point 8 on that checklist... "Wait for your own Directions Questionnaire from the CCBC...".

Can I suggest that you keep checking your MCOL Claim History and as soon as you see that the CCBC has sent a DQ to you, you are ready to download a DQ, complete it and fire it back at the CCBC, remembering to send a copy to the Claimant of course?

moneyhaven

Is it customary for a claimant to receive their DQ before the defendant in these sorts of cases?

No. I am at this stage in my own case with a different claimant. It is very clear that the CCBC sends out N149A “Notice of Proposed Allocation to the Small Claims Track” to both parties at the same time, stating the date by which a party must file its N180 DQ and serve a copy on the other party. The only difference might be how long it takes to arrive (never be rude to your postie), but the deadline is set to allow two weeks for replies. The wording in the N149A I received is equally applicable to both parties and as it happens, we have filed DQs simultaneously, not early.

There is no obligation to file a DQ until instructed to do so by the CCBC but neither is there any obligation to wait, or any apparent advantage, given that the claimant has already filed one and served a copy on you.

I received a blank paper N180 which is perfectly usable but the instructions make clear that an N180 from the HMCTS website is equally acceptable - as long as you do actually sign it, file it and serve it on or preferably well before the deadline!