Letter of Claim from DCB Legal on behalf of UKPC

Jammin1

KeithP said:

Jammin1 said:

Yesterday I received a Claim form and completed the AOS...

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Issue date was 26th June, and I filed the AOS yesterday, so 29th June. By my calculations that makes my defence due 27th July?

Coupon-mad

Got to be worth waiting to see if the DLUHC publish some robust damning words in the Draft Impact Assessment & Public Consultation due earlier in July...

I would 100% be wanting to quote it, if my prediction is right that it will be damning.

Jammin1

Coupon-mad said:

No need to engage with the Claimant and no need for photos yet.  That's for WS stage in a few months, when she can more easily take them in the dark (and closer to November) which is what's needed.

Good defence!

If it's a DCBLegal case, add in paras 4-11 copied from the defence by @Johny86 then re-number all the rest of the Template Defence (except remove the template para 4, not relevant).

I was planning on copying paras 4-27 from the 'Template defence to adapt for all parking cases where they add false admin costs - edited March 2022' forum that you had added there. Are those the same paragraphs as you mention by @Johny86? If not, could you tell me where I can find them?

Coupon-mad

No they aren't the same.  That's why I said add it. This is on every DCB thread since March.

You've quoted the thread starter's username and linked it (like I did) so you don't need another link. You have it.  Look closer.

Jammin1

Coupon-mad said:

No they aren't the same.  That's why I said add it. This is on every DCB thread since March.

You've quoted the thread starter's username and linked it (like I did) so you don't need another link. You have it.  Look closer.

Ah that's great, I've found it now and added it to my defence. For now, I'll just wait for the Draft Impact Assessment & Public Consultation publication so that I can include it in my evidence if there's anything relevant.

Many thanks

KeithP

Jammin1 said:

KeithP said:

Jammin1 said:

Yesterday I received a Claim form and completed the AOS...

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Issue date was 26th June, and I filed the AOS yesterday, so 29th June. By my calculations that makes my defence due 27th July?

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

With a Claim Issue Date of 26th June, and having filed an Acknowledgment of Service on 29th June, you have until 4pm on Thursday 27th July 2023 to file your Defence.

That's almost 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 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'.

Jammin1

Coupon-mad said:

Got to be worth waiting to see if the DLUHC publish some robust damning words in the Draft Impact Assessment & Public Consultation due earlier in July...

I would 100% be wanting to quote it, if my prediction is right that it will be damning.

 
Hello

My defence is due on Thursday so I need to get ready to submit it. Were there any damning words for me to quote from the Draft Impact Assessment & Public Consultation?

Thanks

KeithP

It was four weeks ago that you knew your Defence filing deadline and in the same post I wrote...

KeithP said:

Plenty of time to produce a Defence, but please don't leave it to the last minute.

Jammin1

Apologies KeithP, I drafted a defence and then decided to wait to see if anything came up in the Draft Impact Assessment & Public Consultation. So the defence I drafted is as follows:

1. paragraph from Template defence

2. It is admitted that the Defendant was the registered keeper of the vehicle, but the Defendant was not the driver during the time the vehicle entered West Point Service Yard.

3. The driver was driving a passenger to a friend’s residence and needed to drop the friend off at her place of residence to collect some items on the way. As such, the driver dropped the passenger off in a car park and waited in the car for her to collect her items before exiting the car park. The driver remained in the vehicle throughout.

4. In Jopson v Homeguard, paragraphs 19 and 20, the court ruled that the concept of parking ‘is that of leaving a car for some duration of time beyond that needed for getting in or out of it, loading or unloading it, and perhaps coping with some vicissitude of short duration, such as changing a wheel in the event of a puncture.’ The Parking Charge Notice is based on the idea that the driver was parking, when in fact the driver had neither left the car, as per the concept of parking, nor had stayed beyond a during of time needed for the passenger to walk into the accommodation block, enter her residence, gather some items and return back to the car.

5. The driver entered the car park at 9.04pm in November when it was dark and pouring rain. In these conditions the signs were obscured and unlit and not seen clearly from the vantage point of the driver who never left the car.

6-13. Paragraphs 4-11 copied from the defence by @Johny86

14-36. Paragraphs 5-27 copied from the template defence 

Feedback/anything I can do to improve it before submitting would be greatly appreciated  

Thanks 

1505grandad

"2. It is admitted that the Defendant was the registered keeper of the vehicle, but the Defendant was not the driver during the time the vehicle entered West Point Service Yard."

Not too sure about stating the above under a Statement of Truth in view of your opening post. What does the template Defence advise about this?