Preparing Defence for UKPC Court Claim

TheCornishGuy

@Umkomaas I have mentioned in my defence that I was the registered keeper and driver, albeit I was the driver at the time - do I have to admit that I was the driver in my defence?

For paragraphs 2 and 3 of my defence this is what I have stated:

2.  It is admitted that the Defendant was the registered keeper and driver of the vehicle but denied liability. 

3. The Defendant entered the Findlay Road Retail Park on 7 August 2019. At point of entry the Defendant parked the vehicle in what appeared to be a designated parking bay. However, to the Defendant’s knowledge the parking bay in which the vehicle was parked had no distinctive and highly visible parking lines to show that this was a parking bay. The Defendant parked in a bay that was deceptive and misleading due to the lack of clear signage and car park striping.

B789

@TheCornishGuy, please think this through... If you are starting a new thread instead of butting in to someone else's thread, at least post something that gives the readers a clue as to what your situation is all about.

Do you want to deny being the driver in a court document when you were in fact the driver? You do know that you could be liable for contempt of court and the very serious ramifications of that, don't you? Either way, read your para #3 and think it through very carefully... "The Defendant parked...", " The Defendant entered...". Are you going to deny being the driver with sentences that begin as you have posted?

Also, "...of the vehicle but denied liability.". Do you mean that "liability is denied"?

Based on what you have already posted, you should consider extremely careful whether you think you have the wherewithal to get away with perjury.

TheCornishGuy

I am new to the forum, give me the benefit of the doubt as what I was commenting on is everything that has been mentioned already so I didn't realise that you needed to start a new topic of conversation. I understand that now!

Anyway of course I wouldn't want to contempt the court so I will mention that I am the registered keeper and driver of the vehicle. Yes that ''liability'' is denied but after reading paragraph 1 of the defence template its already been mentioned so I feel like I'm repeating myself here?

B789

This is the defence template you should be using for a DCB Legal claim signed by Yasmin Mia. It does not repeat the "liability is denied" wording unless you added it in your paras #2 or #3.

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

You are defending only what is stated in the woefully inadequate PoC so what you put in paras #2 and #3 should reflect that. Don't give the Claimant anything they haven't asked for or accused you of that isn't in the PoC.

KeithP

@TheCornishGuy, it looks like you might have a County Court Claim.
What Is the Issue Date on your Claim Form?

TheCornishGuy

Ok thanks @B789

In my Particular of Claims form they've addressed the letter to the registered keeper of the vehicle, so do I leave it as that in paragraphs 2 and 3?

What would be the best way to start paragraph 3? 

TheCornishGuy

Yes it is @KeithP and the issue date is May 12th. 

KeithP

TheCornishGuy said:

Yes it is @KeithP and the issue date is May 12th. 

Oh, and now having re-read your opening post a few more times, I see you have already filed a Defence.

Yet subsequent discussion seems to be about how to write a Defence.
Too confusing for me.
Have you already filed a Defence or not?

TheCornishGuy

No I am yet to file my defence. I am at the stage of putting paragraphs 2 and 3 together and then need to add the rest of the points which is on the template.

Coupon-mad

You did acknowledge the claim?  If not, you are late and in danger of a CCJ.

KeithP

TheCornishGuy said:

No I am yet to file my defence.

Then why does your opening post say...

TheCornishGuy said:

I have mentioned in my defence that I was the registered keeper and driver...

and...

TheCornishGuy said:
For paragraphs 2 and 3 of my defence this is what I have stated:...

Anyway, that aside...

With a Claim Issue Date of 12th May, you had until Wednesday 31st May to file an Acknowledgment of Service. Did you do that?