Claim form from DCB Legal, help please - discontinue notice received!

B789

Is this case anything to do with your other thread?:

https://forums.moneysavingexpert.com/discussion/6421630/parking-ticket-help#latest

jimbo2010

Coupon-mad said:

jimbo2010 said:

Hi,

I have received a claim form from DCB legal issued 20th March for the County Court Business Centre Northampton. I have just started to panic and don't know what to do.

Easy as pie.  Copy and adapt the recent defence posted by @Johny86 and just change paragraph 3.

Hi is this ok for paragraphs 2 and 3 - 

2. It is admitted that the Defendant was the registered keeper of the vehicle and driver.

3. On DATE at TIME, the Defendant parked the vehicle XXX XXX at ADDRESS for work purposes. The defendant was unaware they were not allowed to park on this road as there are no signs at the main entrance to the Spa Park and the signs referred to by the Claimant in relation to this specific roadway are not clearly visible.

B789

jimbo2010 said:
Hi is this ok for paragraphs 2 and 3 - 

2. It is admitted that the Defendant was the registered keeper of the vehicle and driver.

Regarding #2, was the PCN POFA compliant? If not, you may not want to admit being the driver unless you have already identified as such in your initial appeals and you intend to use the damning sentence " the Defendant parked..." in .

3. On DATE at TIME, the Defendant parked the vehicle XXX XXX at ADDRESS for work purposes. The defendant driver was unaware they were not allowed there were any restrictions to park on this road as there are no signs at the main entrance to the Spa Park and the signs referred to by the Claimant in relation to this specific roadway are not prominent, obvious or clearly visible.

jimbo2010

B789 said:

jimbo2010 said:
Hi is this ok for paragraphs 2 and 3 - 

2. It is admitted that the Defendant was the registered keeper of the vehicle and driver.

Regarding #2, was the PCN POFA compliant? If not, you may not want to admit being the driver unless you have already identified as such in your initial appeals and you intend to use the damning sentence " the Defendant parked..." in .

3. On DATE at TIME, the Defendant parked the vehicle XXX XXX at ADDRESS for work purposes. The defendant driver was unaware they were not allowed there were any restrictions to park on this road as there are no signs at the main entrance to the Spa Park and the signs referred to by the Claimant in relation to this specific roadway are not prominent, obvious or clearly visible.

How do I know if the PCN was POFA compliant, I have never admitted to being the driver in any correspondence with them

Coupon-mad

This (POFA) is explained in the NEWBIES thread.

jimbo2010

Ok thanks, it looks like it was POFA compliant based on the NTK. So is this defence ok now? 

2. It is admitted that the Defendant was the registered keeper of the vehicle and driver.

3. On DATE at TIME, the defendants vehicle XXX XXX was parked at ADDRESS for work purposes. The defendant was unaware there were any restrictions to park on this road as there are no signs at the main entrance to the Spa Park and the signs referred to by the Claimant in relation to this specific roadway are not prominent, obvious, or clearly visible.

Coupon-mad

You'll need to delete Johny's para 4 of course.

jimbo2010

Thanks, I have 34 paragraphs now which I think is right. Can I just check is the format times new roman, font 12 with page numbers at the bottom?

Coupon-mad

Yes with 1.5 line spacing.

B789

jimbo2010 said:

Thanks, I have 34 paragraphs now which I think is right. Can I just check is the format times new roman, font 12 with page numbers at the bottom?

It doesn't have to be Times New Roman 12 point. You can use Arial or Helvetica. Just avoid any fancy fonts. There are plenty of legal firm websites out there that have suggestions for formatting including header/footer/margin sizes and line spacing. However, the UK Practice Directions 5A - Court Documents only advises as follows:

Form of documents

2.1 Statements of case and other documents drafted by a legal representative should bear his/her signature and if they are drafted by a legal representative as a member or employee of a firm they should be signed in the name of the firm.

2.2 Every document prepared by a party for filing or use at the Court must –

(1) Unless the nature of the document renders it impracticable, be on A4 paper of durable quality having a margin, not less than 3.5 centimetres wide,
(2) be fully legible and should normally be typed,
(3) where possible be bound securely in a manner which would not hamper filing or otherwise each page should be endorsed with the case number,
(4) have the pages numbered consecutively,
(5) be divided into numbered paragraphs,
(6) have all numbers, including dates, expressed as figures, and
(7) give in the margin the reference of every document mentioned that has already been filed.

And that's it!