County Court Claim Form - UKPC (DCB Legal)

B789

fight_fraud_PCN said:

Updated:

----

2. It is admitted that on 22 November 2018 the Defendant was the registered keeper of the vehicle XXXXXX in question, but liability is denied.

3. On 22 November 2018 Defendant along with his wife went to Crown Point Shopping Park, Leeds to discuss scan results at Mothercare. At this point, Defendant’s wife was 5 months pregnant. The Defendant visited the retail park on a very busy Sunday afternoon and it took around 15-20 minutes to find a parking space. The Defendant visited many shops and mainly Mothercare to discuss pregnancy scan results. The defendant did not notice any strict parking time limit signage due to as any the signs were not obvious nor prominent small prints and bad light in the poor light conditions. 

4. On 16 January 2023, the Claimant’s solicitors DCB Legal Ltd issued a Letter of Claim. The said letter was not sent in compliance with Pre-Action Protocol for Debt Claims as it did not include the Information Sheet and Reply Form. The Defendant wrote to DCB Legal Ltd on 01/02/2023 highlighting this issue and received a reply on 28/02/2023. In its response letter dated 28 Feb 2023, DCB Legal included Reply Form and provided the Defendant another 30 days to respond. Before the Defendant could respond to the pre-action letter and complete the Reply Form, the Claimant proceeded to file this Claim against the Defendant, in breach of the time allowed under the Pre-action Protocol. For the avoidance of doubt, the Defendant had until 28 March to respond to the Claimant’s letter and yet the Claim was filed on 2 March 2023. The Claimant’s conduct is in breach of the pre-action protocol and not in compliance with the overriding objectives.

---

Rest will be copied from defense of Johny86

If you are only admitting RK liability, why have you identified the defendant as the driver in para #2?  "The Defendant visited the retail park on a very busy Sunday afternoon and it took around 15-20 minutes to find a parking space."

Also, in my opinion, the second paragraph contains too much irrelevant waffle. That can all come later at the WS stage if this ever gets that far.

Also, if you mention "bad light", what was the month ad the time you arrived at the car park?

Coupon-mad

Overriding Objective.

(capital initials and not plural).

fight_fraud_PCN

I have filed the defence and also received acknowledgment. 
Should I also have to forward the same to DCB legal/Yasmin?

Boat_to_Bolivia

fight_fraud_PCN said:

I have filed the defence and also received acknowledgment. 
Should I also have to forward the same to DCB legal/Yasmin?

The Court will forward your defence to the pond life!

sical5

Hi @fight_fraud_PCN - interested to see how you're getting on with this? I too have one from Dec 2018 and have a hearing soon

Le_Kirk

sical5 said:

Hi @fight_fraud_PCN - interested to see how you're getting on with this? I too have one from Dec 2018 and have a hearing soon

The OP was last active 29th March last year, so you might want to send a PM using the envelope symbol at top right.

fight_fraud_PCN

sical5 said:

Hi @fight_fraud_PCN - interested to see how you're getting on with this? I too have one from Dec 2018 and have a hearing soon

@sical5
Hearing set for end of July 2024. When is your hearing?

fight_fraud_PCN

I received a letter for discontinuation from DCB legal.
Thanks @Coupon-mad and @Le_Kirk for your help and support.

Coupon-mad

fight_fraud_PCN said:

I received a letter for discontinuation from DCB legal.
Thanks @Coupon-mad and @Le_Kirk for your help and support.

Brilliant news! As predicted but great to hear.

ANOTHER ONE BITES THE DUST!

Please can you screenshot the Notice of Discontinuance so that @Umkomaas can add you to the Hall of Fame that is the disco thread?