Yet Another UKPC County Court Claim

mrnomoneybags

Hi All,

Just drafting a response on behalf for a g/f, she got a ticket for parking on yellow lines. The ticket was issued 7/6/2020 when everybody was working from home or not working, thus there where no visitors spaces. She responded to UKPC explaining the situation but never got a response.

The court letter was dated 20/4/23 and she submitted her acknowledgement on 1/5/23, do we have until the 27th to submit the defence?

This is the sign nearest to where she was parked. https://imgbb.com/tpTNDDg

Thanks

Le_Kirk

Deadlines for defences can be taken from CPR 15.4(1)

The period for filing a defence
15.4.—(1) The general rule is that the period for filing a defence is—
(a)14 days after service of the particulars of claim; or
(b)if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.
(2) The general rule is subject to rules 3.4(7), 6.12(3), 6.35, 11 and 24.4(2).

But one of our regulars @KeithP will be along to give you the exact deadline and offer some links to the template defence, which can also be found by reading the NEWBIE sticky, something that we advise all posters to do.

KeithP

mrnomoneybags said:

The court letter was dated 20/4/23 and she submitted her acknowledgement on 1/5/23, do we have until the 27th to submit the defence?

I am going to assume that 20th April 2023 is the Issue Date on the County Court Claim Form. Is that right?

If so, your Defence filing deadline is not 27th May.

With a Claim Issue Date of 20th April, and having filed an Acknowledgment of Service in a timely manner, the named Defendant has until 4pm on Tuesday 23rd May 2023 to file a Defence.

That's just two days away.

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'.

mrnomoneybags

Thanks! I'll get on this now.

B789

This is a sample Defence to use in any claim from DCB Legal or any other PPC/Solicitor where the PoC are woefully inadequate:

https://www.dropbox.com/s/5r7vbqttho3q948/2023 defence.pdf?dl=0

mrnomoneybags

B789 said:

This is a sample Defence to use in any claim from DCB Legal or any other PPC/Solicitor where the PoC are woefully inadequate:

https://www.dropbox.com/s/5r7vbqttho3q948/2023 defence.pdf?dl=0

Should I use this over the one from https://forums.moneysavingexpert.com/profile/Johny86 ?

Boat_to_Bolivia

Use the extra paragraphs from 5 to 11 from Johny86, then add the rest from the Template Defence, a sticky thread at the top of this forum.

Coupon-mad

mrnomoneybags said:

B789 said:

This is a sample Defence to use in any claim from DCB Legal or any other PPC/Solicitor where the PoC are woefully inadequate:

https://www.dropbox.com/s/5r7vbqttho3q948/2023 defence.pdf?dl=0

Should I use this over the one from https://forums.moneysavingexpert.com/profile/Johny86 ?

They are similar.  And both are based on the Template Defence.

mrnomoneybags

Can somebody confirm I have all the correct paragraphs please?

https://drive.google.com/file/d/1mAzxjnBkGJb1fcU4ZMZ0dgOiK3UfACre/view?usp=share_link


I am continuing to read examples, I know I need to add some more to 3 & 4 

3.The defendant was dropping shopping to a sick friend, due to the Covid19 epidemic people were working from home so there were no visitors’ spaces available.

4.The defendant avers the signage is almost illegible and what is legible makes no mention of no parking on yellow lines.

 

Thanks All.

Coupon-mad

I would add:

4.The defendant avers the signage is almost illegible and what is legible makes no mention of no loading/unloading on yellow lines.  Where there is any ambiguity of the meaning of lines/signs, the meaning that most favours the consumer must prevail (ref: Consumer Rights Act 2015).  The usual interpretation of the meaning of yellow lines must be the same as Local Authority double yellows on-street, where (in the absence of 'kerb blips') loading/unloading is always specifically allowed 'exempt activity'. 

Boat_to_Bolivia

Loading or unloading is not parking.

 Search Jopson vs Homeguard.