UKPC / DCB Legal County Court Claim - Lack of signage

KeithP

brain_fog said:

KeithP said:

Hello and welcome.
What is the Issue Date on your County Court Claim Form?

Do you understand the the keeper has more protection in law than an admitted driver?
Does UKPC already know who was driving?
If not, why are you offering up the driver's details?

Issue date is 20th March, AOS sent in time online, defensive is due soon.

With a Claim issue date of 20th March, I am going to assume you filed an Acknowledgment of Service after 24th March and before 12th April. Please confirm. You MCOL Claim History will have the definitive answer.

With a Claim Issue Date of 20th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 24th April 2023 to file your Defence.

That's nearly two weeks away. Plenty of time to produce a Defence and it is good to see that you are not leaving it to the last minute.

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'.

brain_fog

patient_dream said:

What those pictures DON'T DO is prove what the signs say ? 

The entrance sign is the most important. AND SIGNS inside, if you want to read them,take binoculars with you and a step ladder
Take pictures

I have submitted various SARs and more recently a response form to the Letter Before Claim (which they didn't give me the 30 days, after I responded on 17th March exactly 30 days after the Letter Before Claim dated 15th Feb!).

Here is a pdf of all the signs provided to me by DCB legal, with all the missing signs crossed out.
www.dropbox.com/s/qok8iwf8swa8n26/Signs%20at%20installation%20crossed-out.pdf?dl=0

I upload the text here:

brain_fog

KeithP said:
With a Claim issue date of 20th March, I am going to assume you filed an Acknowledgment of Service after 24th March and before 12th April. Please confirm. You MCOL Claim History will have the definitive answer.

With a Claim Issue Date of 20th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 24th April 2023 to file your Defence.

That's nearly two weeks away. Plenty of time to produce a Defence and it is good to see that you are not leaving it to the last minute.

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'.

Thanks for the advice Keith.
Yeah the AOS was filled 2nd April, thanks for letting me know the MCOL website is read-only, its not particularly obvious.

KeithP

brain_fog said:

KeithP said:
With a Claim issue date of 20th March, I am going to assume you filed an Acknowledgment of Service after 24th March and before 12th April. Please confirm. You MCOL Claim History will have the definitive answer.

With a Claim Issue Date of 20th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 24th April 2023 to file your Defence.

That's nearly two weeks away. Plenty of time to produce a Defence and it is good to see that you are not leaving it to the last minute.

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'.

...thanks for letting me know the MCOL website is read-only, its not particularly obvious.

Well technically it isn't read only but should be treated as such. If you try and file a Defence that way the software will destroy any formatting and shorten your Defence arbitrarily.
Probably not what you want.

Coupon-mad

Just do what @Umkomaas already advised, so that your defence includes the extra paragraphs 5 - 11 needed for DCBLegal claims.

I'd remove all this narrative, it's too much info for defence stage and you didn't get a penalty charge notice:

"It later turned out that a lorry was parked obscuring the only possibly visible signage.  Furthermore, the Defendant asserts that the overall maintenance and visibility of the signage within the car park were subpar, with numerous signs either damaged or missing entirely. Consequently, the Defendant did not have reasonable opportunity to review the car park's terms and conditions before parking their vehicle, and thus was unable to knowingly agree to any contractual obligations. Upon returning to the vehicle, the Defendant discovered the Penalty Charge Notice (PCN) affixed to their windscreen."

brain_fog

Got my DQ in the post. Looks like they've been updated since the newbies thread was written.

This is what I've received. Not sure what reasons I should put in section D - "Suitability for determination without a hearing".

Could someone please advise?

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1079639/N180_Final_Form.pdf

Thanks in advance guys

YankeeBrit

N180 D1 response

I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all these years of intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing.  

I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions. 

Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.

brain_fog

Thanks Yankee, will send that off on Monday

Umkomaas

brain_fog said:

Thanks Yankee, will send that off on Monday

You'll need to create a text box over the DQ D1, and copy and paste the above in font size 9 (Arial I think - try others) to fit. 

brain_fog

So I have received my date for hearing, 6th March, and I have a few questions.
Unfortunately I am out of the country on this day - so what are my options? Will the Judge allow me to change the date? Or request video conferencing hearing instead?

What documents do I need to gather into my "bundle"? Witness Statement will be written, and I will gather some photos from the date, anything else?