UKPC - County court Claim Form

subzero1988

Hello,

I've had a claim form sent to me, I have no information on it as it was years ago (sent to an old address) and the issue date is 27/03/23.

I have sent off my SAR, however, they have a calendar month to reply, and I need to reply in 28 days + 5 days from issue date. This doesn't seem like I'll be getting any information before I need to submit my defence and witness statement.

How should I proceed?

Edit: Issue date incorrect 

KeithP

subzero1988 said:

I've had a claim form sent to me, I have no information on it as it was years ago (sent to an old address) and the issue date is 27/04/23.

Accuracy is important.
Today is 4th April, yet you tell us you have a Claim Form with an Issue Date of 27th April.

I am going to assume that the Issue Date on your County Court Claim Form is 27th March 2023. Please confirm.

No need to worry about a SAR response taking 30 days. The information returned will be far more useful at Witness Statement time - some months away.

With a Claim Issue Date of 27th March, you have until Monday 17th April to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 2nd May 2023 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

subzero1988

KeithP said:

subzero1988 said:

I've had a claim form sent to me, I have no information on it as it was years ago (sent to an old address) and the issue date is 27/04/23.

Accuracy is important.
Today is 4th April, yet you tell us you have a Claim Form with an Issue Date of 27th April.

I am going to assume that the Issue Date on your County Court Claim Form is 27th March 2023. Please confirm.

No need to worry about a SAR response taking 30 days. The information returned will be far more useful at Witness Statement time - some months away.

With a Claim Issue Date of 27th March, you have until Monday 17th April to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 2nd May 2023 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Thanks for the quick response.

You're correct, silly mistake but important to get right, date was wrong. 

I will acknowledge and commence with my defence tonight, thanks again 

Coupon-mad

Which PPC and which solicitor?

subzero1988

Coupon-mad said:

Which PPC and which solicitor?

Hello,

It's UKPC and DCB legal

Coupon-mad

Easy then.  Copy what I've said on every UKPC claim thread for a month. Done in an hour flat.

subzero1988

Coupon-mad said:

Easy then.  Copy what I've said on every UKPC claim thread for a month. Done in an hour flat.

Appreciate it, I've been having a look through and came across Johny86's defence. I'll look through the template and their defence, then go from there 

Coupon-mad

You nailed it!

B789

@subzero1988, have a read of this thread to see the predicted outcome of a bottom-dwelling duo UKPC/DCB Legal claim is likely to be:

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

subzero1988

I know i've done exactly what I was advised not to do, and its last minute now, but I've had some stuff come up and I had to put this to one side for the past 3 weeks.

Aside from the templated defence provided in the sticky, this is what i've added -

2. It is admitted that on the material date the Defendant was the registered keeper of the vehicle in question, but liability is denied. 

3. The defendant left their car at the retail park whilst they went to “Ten Pin”, a bowling alley, for approximately 2 hours. The companies website advertises “Free Parking” under their facilities for the Acton venue, so it was assumed that parking outside the venue was inclusive of the free parking advertised. 

4. The Defendant avers that the Claimant failed to serve a Notice to Keeper compliant with the Protection of Freedoms Act 2012. Consequently, the claimant cannot transfer liability for this charge to the Defendant as keeper of the vehicle. 
5. The Particulars of Claim ('POC') appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action”. 

6. The Defendant is unable, on the basis of the POC, to understand with certainty what case is being pursued. 

7. The POC are entirely inadequate, in that they fail to particularise (a) the contractual term(s) relied upon; (b) the specifics of any alleged breach of contract; and (c) how the purported and unspecified 'damages' arose and the breakdown of the exaggerated quantum. 

8. The claim has been issued via Money Claims Online and, as a result, is subject to a character limit for the Particulars of Claim section of the Claim Form.  The fact that generic wording appears to have been applied has obstructed any semblance of clarity.  The Defendant trusts that the court will agree that a claim pleaded in such generic terms lacks the required details and requires proper particularisation in a detailed document within 14 days, per 16PD.3 

9. The guidance for completing Money Claims Online confirms this and clearly states: "If you do not have enough space to explain your claim online and you need to serve extra, more detailed particulars on the defendant, tick the box that appears after the statement 'you may also send detailed particulars direct to the defendant.'" 

10. No further particulars have been filed and to the Defendant's knowledge, no application asking the court service for more time to serve and/or relief from sanctions has been filed either. 

Coupon-mad

Looks fine except you don't need to repeat this in paragraph 2:

"but liability is denied."

I won't state the obvious and say where it already is...this is your defence to proof read.