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UKPC / DCB Legal Defence - Feedback please!

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  • B789
    B789 Posts: 3,441 Forumite
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    Ok, to simplify things, I now plan to use to Template linked by B789 in the first reply in this thread, with the following for paragraphs 2 and 3:

    The facts as known to the Defendant: 

    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 doesn’t know who the driver of the vehicle was as it goes back many years. The Defendant has no knowledge of the parking contravention and has no record of receiving any notice of parking charges or letters from the claimant.

    Having done a bit more research and looking at the wording on the initial letter, I do believe that this is POFA compliant, so I will leave out paragraph 4.  

    Other than paragraphs 2, 3 & 4, this would seem to replicate the Johny86 defence referenced.  Is it really that simple?!
    Try the following for para #3:

    3. The Defendant does not know who was driving the vehicle on an unremarkable day many years ago. The Defendant has no knowledge of the parking contravention and has no record of receiving any notice of parking charges or letters from the claimant.

  • B789 said:
    Ok, to simplify things, I now plan to use to Template linked by B789 in the first reply in this thread, with the following for paragraphs 2 and 3:

    The facts as known to the Defendant: 

    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 doesn’t know who the driver of the vehicle was as it goes back many years. The Defendant has no knowledge of the parking contravention and has no record of receiving any notice of parking charges or letters from the claimant.

    Having done a bit more research and looking at the wording on the initial letter, I do believe that this is POFA compliant, so I will leave out paragraph 4.  

    Other than paragraphs 2, 3 & 4, this would seem to replicate the Johny86 defence referenced.  Is it really that simple?!
    Try the following for para #3:

    3. The Defendant does not know who was driving the vehicle on an unremarkable day many years ago. The Defendant has no knowledge of the parking contravention and has no record of receiving any notice of parking charges or letters from the claimant.

    Brilliant, thank you for your help
  • Hi all

    I submitted my defence to CCBCAQ@Justice.gov.uk on 3rd May.  I have received an automated response stating that they aim to respond within 10 working days.  I have heard nothing else since.  

    I just wanted to check that this is normal and I should still be awaiting a response.  I know the 10 working days are not up yet, but I am panicking that I should be doing something in the meantime!

    Thanks
  • B789
    B789 Posts: 3,441 Forumite
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    Just follow the 12-point checklist that is available in the Template defence thread.
  • KeithP
    KeithP Posts: 37,567 Forumite
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    Hi all

    I submitted my defence to CCBCAQ@Justice.gov.uk on 3rd May.  I have received an automated response stating that they aim to respond within 10 working days.  I have heard nothing else since.  

    I just wanted to check that this is normal and I should still be awaiting a response.  I know the 10 working days are not up yet, but I am panicking that I should be doing something in the meantime!

    Thanks
    Did you receive an automated email reply acknowledging receipt of your Defence?

    If not, send it again - during working hours.


  • AbbatheHorse
    AbbatheHorse Posts: 40 Forumite
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    KeithP said:
    Hi all

    I submitted my defence to CCBCAQ@Justice.gov.uk on 3rd May.  I have received an automated response stating that they aim to respond within 10 working days.  I have heard nothing else since.  

    I just wanted to check that this is normal and I should still be awaiting a response.  I know the 10 working days are not up yet, but I am panicking that I should be doing something in the meantime!

    Thanks
    Did you receive an automated email reply acknowledging receipt of your Defence?

    If not, send it again - during working hours.


    Yes, I got the automated response.  I have also now received a letter from the court advising they have sent my defence to DCB Legal, so it seems it's all good.  I am now waiting to see what they say.
  • Fruitcake
    Fruitcake Posts: 58,223 Forumite
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    edited 16 May 2023 at 8:00PM
    They will say their client intends to proceed to court and that they believe they have a strong case.

    Keep checking MCOL to see when the CCBC has sent your N180. At that point use the one they send or one you download yourself. Never use one sent by the claimant.

    You will find a question in the N180 form that is not answered in the guide to court or the template defence twelve step guide. This post should help, although you may need to reduce the font size to 9 point to get it to fit.


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  • Le_Kirk
    Le_Kirk Posts: 22,278 Forumite
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    Fruitcake said:
    You will find a question in the N180 form that is not answered in the guide to court or the template defence twelve step guide. This post should help, although you may need to reduce the font size to 9 point to get it to fit.
    Did you miss the link: -
    https://forums.moneysavingexpert.com/discussion/6364201/new-questions-on-the-n180-form/p1
    and on that thread, this further post: -
    https://forums.moneysavingexpert.com/discussion/comment/79267087/#Comment_79267087
  • AbbatheHorse
    AbbatheHorse Posts: 40 Forumite
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    Hi folks - I am after a bit of advice please.  This is my chain of events:

    20/04/23 - I had a court claim from DCB Legal on behalf of UK Parking Control Limited.  I followed all of the advice on these forums, I acknowledged service, wrote and submitted my defence.  (I did previously have a thread related to my specific case, where I was given excellent advice on my defence but I cannot now find it for the life of me.  I can only assume it has been deleted/removed?  As such, I am starting a new post.)

    04/05/23 - Letter received from Court confirming receipt of my defence.

    06/06/23 - Confirmation by email from DCB Legal that they intend to proceed with the claim.  The email states "In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court."  Their completed N180 form was attached to the email.

    Since then, I have had a couple of calls from DCB Legal seeing if I want to settle out of court (ignored), but I have heard nothing from the court.  

    Should I be worried?  Is this sort of delay normal?  I have tried calling the Court on the number on their letter, but I am just left in an endless queue.

    Any advice would be appreciated.
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
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    Nothing to concern you, the CCBC is behind in their admin work. But, you're nearing the end (discontinuation) if DCB Legal are making you 'offers'.

    Your original thread is still very much alive - all you needed to do was click on your username to take you to your Profile, where you click on 'Discussions' (l/h side of the page), then scroll down to find any thread you've opened. I've reported this to MSE admin and asked them to merge the threads. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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