CCBC - UKPC/DCB Legal - Defence help

KeithP

The simple answer to your question is... no one knows when the 28 days start.

The CCBC has sent you a letter saying the Claimant has twenty eight days to consider your Defence.

What you don't know is when the CCBC sent a copy of your Defence to the Claimant. 

It follows from that that it is not known when the Claimant has to respond to the CCBC. 

Further, we don't know what delays there are in the CCBC that means they don't send you a Directions Questionnaire as promptly as you might like.
And this thread posted today indicates that longer delays are likely...
CCBC are currently 26 days behind with DQs

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?

wolfneo

Hi Keith. Thanks for the info. I didn’t want to say thanks and keep this thread at the top but then realised there’s a thanks button. 

Anyway, I received a letter from DCB saying they wish to proceed. I just filed it and that was some time ago. I called MCOL on Thursday as I would have expected a DQ form by now but they said there’s been no advancements with the case and that it is “stayed” as they sent out my defence on the same day I received my letter from CCBC (21st March). Is it likely DCB will pay to reopen? Is the case closed? Surely the case can’t be on hold forever?
thanks again all for your help and advice. 

B789

The claim will be unstayed. The bottom-dwellers will send you a copy of their N180 DQ and you can ignore that too. Just keep checking your MCOL history and as soon as you see that an N180 has been sent to you, just download one and complete it. There is a long backlog at the CCBC and it could be weeks yet before your N180 is sent.

wolfneo

Hi everyone - so update on my case.. a hearing date has been set so i assume my next steps is putting together a witness statement. Although my hearing isn't until January 2024, i assume by the attached letters that i have until 23rd November to provide WS?

Another user "Mainax" was in a similar situation to me (and same site) but their case was dropped (by the same judge as mine) at this stage so i suspect it is due to their defence being stronger and less generic than mine.

As i was not the driver, i'm struggling to understand how can i compile a witness statement, other than stating facts from the site in which the vehicle was, such as poor signage etc?

i also received a letter from DCBL (also below) to contact them, which i believe should be ignored as i'm not settling.

KeithP

wolfneo said:

Although my hearing isn't until January 2024, i assume by the attached letters that i have until 23rd November to provide WS?

That's correct... remembering of course that your evidence accompanies your Witness Statement.

wolfneo said:

As i was not the driver, i'm struggling to understand how can i compile a witness statement, other than stating facts from the site in which the vehicle was, such as poor signage etc?

Can you, or have you visited the site?
Can you write about the signs, etc?
Can you talk to the driver and include in your witness statement things like "the driver tells me...", "the driver assures me...", etc.

wolfneo said:

i also received a letter from DCBL (also below) to contact them, which i believe should be ignored as i'm not settling.

You will by now have read all about DCBLegal discontinuations... yes?
That was mentioned on your thread back in March.

wolfneo

KeithP said:

Can you, or have you visited the site?
Can you write about the signs, etc?
Can you talk to the driver and include in your witness statement things like "the driver tells me...", "the driver assures me...", etc.

Thanks Keith..

yes i can visit the site and i can write about the signs. the signs have changed since 2018 so i will have to rely on google street view for parts. I can't talk for the driver as i'm unsure who was driving the vehicle on that day.

can i include another users Judge documentation as they had their case struck out, the situation is identical "parked out of hours", same location and is the same judge or is that rude to present to the judge that they struck out practically the same case but not mine?

i will get working on the WS and hopefully have it reviewed here before submitting. 

Coupon-mad

Peterborough...LOL!

Search the forum.  Good Judges recently. 

Ah, I see you do know:

can i include another users Judge documentation as they had their case struck out, the situation is identical "parked out of hours", same location and is the same judge or is that rude to present to the judge that they struck out practically the same case but not mine?

YES I would include that and say your case is the same and the Claim should be struck out.

Also please show us:

The Particulars of Claim (minus your VRM)

The Notice to Keeper, showing dates

The first letter from UKPC after the NTK, which would be the one a month later.

wolfneo

@Coupon-mad

POC and NTK are in my first post in this thread. Is that what you’re referring to? 

I don’t have any letters from UKPC other than what they provided to me when I requested a SAR. 

Coupon-mad

Which would include the letter after the NTK?

wolfneo

This is the only other document provided which is dated a month after