Preparing Defence for UKPC Court Claim

Boat_to_Bolivia

After reading again from the top, it would seem the OP is in the process of writing their defence!

TheCornishGuy

Yes @KeithP I know it sounds past tense but this was from a previous conversation I was having on another thread. Sorry for the confusion!

Yes I submitted an Acknowledgement of Service so I am now drafting my defence together.

KeithP

With a Claim Issue Date of 12th May, and if you filed an Acknowledgment of Service sometime after 16th May and before 1st June, you have until 4pm on Wednesday 14th June 2023 to file your Defence.

That's a whole week 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'.

Le_Kirk

TheCornishGuy said:

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?

Correct, you do not need it twice.

TheCornishGuy

Thank you @KeithP!

I have already looked over the defence template, apparently there is one specific for UKPC/DCB Legal claims.

However I am bit unsure with what to add in for paragraphs 2 & 3. Basically, at the time I was the registered keeper and driver but on the particular of claims letter it states that the registered keeper is liable for the parking charge. 

I was advised by @B789 that I should defend by what is mentioned in my Particular of Claims and do not give the Claimant anything that they haven't asked for already. Obviously I don't want to lie that I was not the driver, as they may use evidence against me; but how do I go about defending this? (please see paragraph 3 in my first post at the top).

Boat_to_Bolivia

If you were the driver, state you were the driver.

B789

TheCornishGuy said:

...on the particular of claims letter it states that the registered keeper is liable for the parking charge.

Does it? I've yet to see a template claim from DCB Legal that doesn't state that you were the "driver/keeper". An ambiguous claim using a scattergun approach to confuse and entrap you.

Unless you have already admitted or inadvertently admitted to being the driver in previous appeals, UKPC has no idea who the driver is. Even if they had a clear picture of a driver in their ANPR photos, they still have no idea who the driver is.

There is no magical database with photos of every driver in the UK that they can search to put a name to a face and it would be illegal for them to try and do so, even if there was one as ANPR can ONLY be used for what it says on the tin... Automatic Number Plate Recognition. An unregulated, ex-clamper running a private company is not the police or a local authority who can demand the RK divulge the details of a driver. This is not a criminal offence. It is a civil suit over a speculative invoice for an alleged breach of contract.

Defending as the RK, you have slightly more protection than defending as the driver. The driver and the RK are two separate entities under the law.

Coupon-mad

I don't think the PoC say you are liable as keeper. It says 'keeper/driver' (it's a template we've seen more times than we care to mention).

TheCornishGuy

@B789 you were right! In the letter I have received from DCB legal, it states ''you are liable as the Keeper or Driver.''

Coupon-mad

Yep. We know the template, so just do as advised.