UKPC / ZZPS advice needed for parking fine on private land during restricted times

Coupon-mad

You don't attach photos of signs with your defence.  That comes in 2024.

You should re-read the Court Procedures thread by bargepole, linked under the RED CAPITALS heading 'Important: Know what happens when' in the second post of the NEWBIES thread.

LOL, this date in the future can't be right:

but, they were not the driver on the date of October 13, 2023.

B789

Bullit_2600 said:

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case.  The POC is devoid of any detail and even lacks specific breach allegation(s), making it very difficult to respond. However, it is admitted that the Defendant was the registered keeper of the vehicle but, they were not the driver on the date of October 13, 2023.

You don't need to add the date as it is already stated on the PoC the date of the alleged contravention.

Also, para #5 is superfluous as you have already stated that there is no specific allegation of what terms have been breached. You can expand on everything later in your WS should it come to an actual hearing.

The main point is that you or the driver were there for whatever reason which you state in para #3 and then para #4 should be citation about the HHJ Murch judgment and that this should never have been accepted by the CNBC and should be struck out at the allocation stage.

Then everything else from the template defence and renumber all paragraphs sequentially.

Bullit_2600

Thank you both @B789 and @Coupon-mad.  I did mean 2022 but not sure I'd have spotted it and sort of thing that would have cost me.

I will submit the defence.  Appreciate the guidance

Coupon-mad

Bullit_2600 said:

Thank you both @B789 and @Coupon-mad.  I did mean 2022 but not sure I'd have spotted it and sort of thing that would have cost me.

I will submit the defence.  Appreciate the guidance

So your defence includes the orders/judgments starting with the one by HHJ Murch but has now removed photos of signs?

Have you got an email auto-reply from the CCBC?

Bullit_2600

Yes, included the orders/judgments as advised with photos of the signs removed.

Auto-reply received, 'AUTO RESPONSE DO NOT REPLY - CCBC AQ Acknowledgment'

Bullit_2600

We received a letter rom HM Courts & Tribunals Service acknowledging receipt of my wife's defence.
They mentioned the claimant (DCB Legal) may contact he directly to attempt to resolve the dispute,

The next day my wife had a voicemail from someone at DCB Legal asking her to call them back..
So far she hasn't.

I was trying to see if anyone else has experience of this and if we should call back or just ignore for now?

Coupon-mad

Ignore them.  They phone to intimidate people into settling.

patient_dream

Bullit_2600 said:

We received a letter rom HM Courts & Tribunals Service acknowledging receipt of my wife's defence.
They mentioned the claimant (DCB Legal) may contact he directly to attempt to resolve the dispute,

The next day my wife had a voicemail from someone at DCB Legal asking her to call them back..
So far she hasn't.

I was trying to see if anyone else has experience of this and if we should call back or just ignore for now?

Loads of people have received a phone call from DCBL

Your wife should ignore them and NOT phone back.

When they start this little wheeze, it tells you they don't want to go to court

You may get letters or emails from DCBL saying their client wants to deal .... IGNORE THEM

NEXT STAGE is this ......

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

BE patient .... as it is the usual UKPC rubbish, DCBL do not want to be spanked in court and end up paying your costs

Bullit_2600

After ignoring and not responding to multiple phone calls and voicemails as well as one letter, my wife has now received an email from DCB Legal.
Again they are asking to settle outside court and have attached their questionnaire which they say has been filed with the court.  However, she has not received it from the court. We have no further comms from the court since their acknowledgement of our defence so perhaps it just takes time or this is simply part of their ongoing ploy to intimidate people.
We will ignore the email too, unless anyone recommends differently!

Email from DCB Legal:

Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.

If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

The only thing of note in the questionnaire, apart from them asking for it to be held remotely, is the attached.

KeithP

You were expecting that weren't you?

Remember that checklist you were following?

Item 7 on that list is...

Items 8, 9 and 10 on that list might be worth another read too.