DCBLegal Help with draft defence

Coupon-mad

Remove mention of an allegation which isn't in the POC:

"but denies parking in an area where no parking is allowed."

KeithP

KCO09 said:

I think my defence is due tomorrow (12th April)...

Claim Issue Date: 10/03/2023
Submitted AoS: 22/03/2023
AoS Received: 23/03/2023
Date defence Due: 12/04/2023

Yes you are right with your Defence filing deadline, but there might be something useful here...

With a Claim Issue Date of 10th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 12th April 2023 to file your Defence.

That's tomorrow.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

KCO09

Coupon-mad said:

Remove mention of an allegation which isn't in the POC:

"but denies parking in an area where no parking is allowed."

Thanks CM - Is this because the POC is worded as "The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s)" as opposed to the NTK which has the wording "Parked in an area where no parking is allowed"

Will remove that now - my only query then is how do I know I have a sufficient defence if the POC is not clear which part of the 'contract' has been breached - although that being said is it covered off by the subsequent paragraphs?

Do you think paragraphs 4 and 5 are ok as they are please?

Le_Kirk

KCO09 said:

Coupon-mad said:

Remove mention of an allegation which isn't in the POC:
"but denies parking in an area where no parking is allowed."

Thanks CM - Is this because the POC is worded as "The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s)" as opposed to the NTK which has the wording "Parked in an area where no parking is allowed"

Will remove that now - my only query then is how do I know I have a sufficient defence if the POC is not clear which part of the 'contract' has been breached - although that being said is it covered off by the subsequent paragraphs?
Do you think paragraphs 4 and 5 are ok as they are please?

That is why you use @Johny86's defence, because there is scant detail in the POC.  Your additional words seem to cover it and you can expand on that, with evidence, at witness statement stage.

KCO09

Thanks for the re-confirmation Le_Kirk

KCO09

Hi All - thanks for the previous advice, I kept following the instructions in the NEWBIES thread and have now received a General Form of Judgement or Order dated 22nd February 2024, wording as follows:

"Before Deputy District Judge Humphrey...

UPON READING the Claim Form and the Defence
AND UPON the Court considering the Particulars of Claim to be deficient

IT IS ORDERED that:-

1. Claimant shall have permission to file and serve amended Particulars of Claim

2. The claim shall be stayed until the Claimant files and serves the amended Particulars of Claim

3. The claim shall stand struck out, without the need for further order, if the Claimant does not file and serve the amended Particulars of Claim by 21 March 2024.

4. Defendant shall have file and serve an amended Defence within 28 days of receipt of any amended Particulars of Claim.

5. This Order has been made by the Court's own initiative under Civil Procedure Rule 3.3. Any party affected by this order may apply to have it set aside varied or stayed such application must be made within 7 days after the date when this order was served on the party applying

Dated 26th January 2024"


Am I right in assuming there is no further action for me at this stage and that if UKPC wish to proceed with action against me then they have to file another Particulars of Claim - Is this good news.

Advice/Clarification much appreciated

Coupon-mad

Yes indeed. This is good news.

Le_Kirk

Keep your eye on the ball and your letter box and email in box.